SENATE JOURNAL for June 3, 2004 - South Carolina Legislature Online

South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Thursday, June 3, 2004
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from the Epistle to the Hebrews, Chapter 13:14ff:

"For here we have no lasting city, but we are looking for the city that is to come... Do not neglect to do good and to share what you have, for such sacrifices are pleasing to God."
Let us pray.

Father, we began this Second Session of the 115th General Assembly with prayer. We continued in prayer.

We now lay the record of our stewardship before You and record it in the Journal. Forgive us for the things we may have done wrong or failed to do.

Preserve us in body, mind and Spirit that we may return in January to continue our stewardship of public service.

So bless us, Father, in the words of Aaron, the brother of Moses:

"The Lord bless thee, and keep thee.

The Lord make His face to shine upon thee,

and be gracious unto thee.

The Lord lift up His countenance upon thee,

and give thee peace, now and forever. Amen."

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Abbeville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Susan G. Cothran, 438 Highway 20, Abbeville, S.C. 29620 VICE Clinton J. Hall II

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 2003, and to expire June 30, 2007

Horry County Council

Martina L. Hardwick, 714 Cedar Dr. North, Surfside Beach, S.C. 29575

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. John Cecil Moore, Jr., 1110 Creek Mill Road, North, S.C. 29112

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Samuel A. Daily, 1006 Peake Street, Holly Hill, S.C. 29059

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Peggy D. Davis, 1951 Forest Dr., Orangeburg, S.C. 29118

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Willie Robinson, Jr., 866 New Hope Road, Orangeburg, S.C. 29118

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Donald R. West, 6717 Charleston Highway, Bowman, S.C. 29018

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Richard Murray, 220 Greywood Drive, Branchville, S.C. 29432

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Betty Y. Bates, 3815 Slab Landing Road, Orangeburg, S.C. 29113

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Derrick F. Dash, 740 Linwood Street, Elloree, S.C. 29047

Leave of Absence

On motion of Senator MATTHEWS at 10:05 A.M. Senator PINCKNEY was granted a leave of absence for today.

ADOPTION RECONSIDERED

S. 1266 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE HIGHWAY 22, THE CONWAY BYPASS, AS PART OF NEW INTERSTATE HIGHWAY I-73 WHICH CONGRESS HAS AUTHORIZED AND WHICH IS SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

Having voted on the prevailing side, Senator ELLIOTT moved to reconsider the vote whereby the Concurrent Resolution was adopted.

There was no objection and the motion to reconsider was adopted.

The question then was the adoption of the Resolution.

On motion of Senator ELLIOTT, with unanimous consent, the Resolution was placed on the Calendar for consideration.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1291 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY OF THE LATE CLARENCE EUGENE PRESSLEY ON THE HONOR OF RECEIVING RECOGNITION BY THE CITY AND COUNTY OF ABBEVILLE, THE ABBEVILLE HISTORICAL SOCIETY, AND THE ABBEVILLE CHAMBER OF COMMERCE BY THE PLACEMENT OF AN HISTORIC MARKER ON THE SITE OF HIS PRINCIPAL BUSINESS IN THE CITY OF ABBEVILLE, HIS INDUCTION INTO THE 2004 ABBEVILLE COUNTY HALL OF FAME, AND THE RENAMING OF A PORTION OF SPRING STREET TO "CLARENCE E. PRESSLEY PLACE" IN ACKNOWLEDGEMENT OF HIS LIFETIME OF PHILANTHROPY, BUSINESS LEADERSHIP, AND COMMITMENT TO BETTERING HIS COMMUNITY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1292 (Word version) -- Senator Patterson: A SENATE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE OF THE STATE OF SOUTH CAROLINA TO MRS. FALEESE DAVIS OF COLUMBIA ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON JUNE 2, 2004, AND TO WISH HER MANY MORE YEARS OF HAPPINESS.
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The Senate Resolution was adopted.

S. 1293 (Word version) -- Senators McConnell, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO HONOR AND RECOGNIZE SENATOR WARREN GIESE UPON HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE AFTER NEARLY TWENTY YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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Whereas, to serve the State of South Carolina through political office is a noble task that only truly dedicated public servants undertake; and

Whereas, Warren Kenneth Giese has served as the State Senator from Richland and Kershaw counties for the past twenty years and his influence and determination have made him one of the most beloved political figures from Richland County; and

Whereas, the son of Herbert and Lydia Giese, Senator Giese was born July 14, 1924, in Milwaukee, Wisconsin, and served in the United States Navy from 1943-1946 before attending Wisconsin State University, the University of Oklahoma, and Central Michigan University; and

Whereas, in 1948 Senator Giese graduated cum laude from Central Michigan University with an A.B. and B.S. and continued his education at the University of Maryland, graduating with a Master's Degree in Education in 1950; and

Whereas, soon after graduating from the University of Maryland, Senator Giese married Phyllis Phillips on December 23, 1951, and together they are the proud parents of four children, Alison, Melanie, Warren, and King; and

Whereas, a Physical Education and Assistant Football Coach for the University of Maryland from 1948-1955, Senator Giese never gave up his love for education and athletics, becoming the Head Football Coach at the University of South Carolina in 1956 and its Athletic Director in 1959; and

Whereas, while working as an Associate Professor and Department Head for Health and Physical Education, Senator Giese managed to obtain his Doctorate Degree in Education from Florida State University in 1965 and became the Dean of the College of Health and Physical Education at the University of South Carolina in 1974 where he served in this position for four years; and

Whereas, as a Professor at the University of South Carolina from 1979-1983, Senator Giese was well liked by the students and faculty and was named a Distinguished Professor Emeritus in 1984 when he felt the call to serve the people of Richland County in the Senate; and

Whereas, in addition to his numerous achievements in the educational field, Senator Giese is also the author of several publications, has served as a member of the President's Council on Physical Fitness and Sports, the Vice President of the International Federation of University Sports, and the Executive Commissioner of the South Carolina Amateur Athletic Union; and

Whereas, a member of the American Association for Health, Physical Education and Recreation, Senator Giese has also served as the Executive Director of the United States Collegiate Sports Council, Chairman of the Board of Trustees for the United States Sports Academy, and Project Administrator of the Summer Feeding Program for the USDA; and

Whereas, a humanitarian in every sense of the word, Senator Giese has worked with the National Heart, Lung & Blood Institute and pioneered the Nigerian Sports Project and the National Youth Sports Program; and

Whereas, elected to the State Senate in 1985, Senator Warren Kenneth Giese has served for nearly twenty consecutive years and his presence will be sorely missed upon his retirement as will his continuous efforts to better the lives of all those constituents in Richland and Kershaw counties who have loved and cherished him throughout the past twenty years. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate of the State of South Carolina, by this resolution, honor and recognize Senator Warren Kenneth Giese upon his retirement from the South Carolina Senate after nearly twenty years of service to the State of South Carolina and extend best wishes to him in all of his future endeavors.

Be it further resolved that a copy of this resolution be presented to Senator Warren Kenneth Giese of Richland County.

The Senate Resolution was adopted.

Senator GIESE addressed the Senate.

Remarks by Senator GIESE

The first thing that I would ask the Senate is to amend the resolution to include the fact that I was a winning football coach. I can't help but reminisce just a second... I played football at Oklahoma with a guy named Darryl Royal. He went his way, and I went my way, and lo and behold in a few years the University of Texas was playing a "bumpkin" school, the University of South Carolina, down in Dallas. And the bookies - those wise people who decide what the odds are supposed to be - had the odds listed with Carolina as a nineteen-point underdog to the Texas Longhorns. I can tell you that four minutes before the game was over Coach Darryl Royal left his side of the field and headed for the locker room with the score 19 to 7 against his Texas team. He was gracious enough to come out before the game ended and we met in the middle of the field and shook hands. We weren't the "country bumpkins" from South Carolina. Undefeated Texas, which was ranked, I believe, third in the nation at the time, went down to defeat by the Gamecocks.

Just briefly, it has been a real pleasure serving in this esteemed body for the past twenty years. During my tenure I have developed a great respect for all of my colleagues in the Senate and I am deeply honored to have had the opportunity to serve this great State. I will miss my involvement in governmental affairs, but being a local citizen, rest assured that I shall remain active in other pursuits and be up here observing what you are doing. I hope, on a regular basis. I wish each of you much success in your future endeavors and sincerely trust that our paths cross again.

I know all of you will miss the mascot of the garage - the canary yellow and jet-black "Queen" with 351 horses under the hood. I may retire but the "Undisputed Queen of the Highways" will live on forever.

On motion of Senator RITCHIE, with unanimous consent, Senator GIESE's remarks were ordered printed in the Journal.

S. 1294 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE LAMAR HIGH SCHOOL VARSITY FOOTBALL TEAM AND HEAD COACH J. R. BOYD AND HIS COACHING STAFF ON WINNING THEIR SECOND CLASS A CHAMPIONSHIP, TO COMMEND THEM FOR THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2003 SEASON THAT ENABLED THEM TO CAPTURE THE 2003 CLASS A CHAMPIONSHIP AT WILLIAMS-BRICE STADIUM, AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR ACADEMIC, ATHLETIC, AND FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1295 (Word version) -- Senators McConnell, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO COMMEND THE HONORABLE ROBERT L. (BOB) WALDREP, JR. OF ANDERSON COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SENATE OF SOUTH CAROLINA SINCE 1993 UPON THE OCCASION OF HIS RETIREMENT FROM THE SENATE AND WISH HIM GODSPEED IN ALL HIS FUTURE ENDEAVORS.
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Whereas, the members of the Senate have learned with deep and sincere regret that one of the most personable members of the Senate, the Honorable Robert L. (Bob) Waldrep, Jr., will be retiring at the end of his term this year from the Senate; and

Whereas, Bob Waldrep has served his district, Anderson County, and the State of South Carolina with ability and distinction since the time he first joined the Senate in 1993; and

Whereas, he is a native of Greenville, resides in Anderson County, and is blessed with three wonderful children: Caroline Elizabeth, Robert Lee III, and Arren Taylor; and

Whereas, he holds A. B. and LL.B. degrees from the University of South Carolina and is one of the most respected attorneys in the upstate of South Carolina; and

Whereas, he began his public service career in local government. He was City Attorney for Anderson from 1970-1974 and served on Anderson County Council from 1990-1992, and as its chairman from 1991-1992; and

Whereas, as a member of the General Assembly, he chairs the Senate Agriculture and Natural Resources Committee and has been an effective voice for the advancement of our state's farming and agricultural interests and also the preservation of this state's outstanding natural resources which are a legacy for generations to come; and

Whereas, his abilities and effectiveness have been recognized by many groups and constituents, and he has been named Legislator of the Year by the South Carolina Victim Assistance Network for 2002 and Legislator of the Year by the South Carolina Association of Conservation Districts for 2003; and

Whereas, it will be hard to replace a member who is as warm and friendly as Bob Waldrep, and all his colleagues in the Senate and in state government want him to know that their best wishes go with him as he leaves the General Assembly. Now, therefore,

Be it resolved by the Senate:

That the members of the South Carolina Senate commend the Honorable Robert L. (Bob) Waldrep, Jr., of Anderson County for his distinguished service as a member of the Senate of South Carolina since 1993 upon the occasion of his retirement from the Senate and wish him Godspeed in all his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Robert L. (Bob) Waldrep, Jr.

The Senate Resolution was adopted.

Senator WALDREP addressed the Senate.

Remarks by Senator WALDREP

Thank you ladies and gentlemen of the Senate. I was overwhelmed by that Resolution. I kind of feel like it's a eulogy. You know, you don't get to hear your own eulogy sometime and that one sounded pretty good. I appreciate that very much.

I wanted to thank so many people here. And particularly I wanted to thank my daughter, Elizabeth, who is here and I want to thank members of the staff, Kelly Bigham and Mandi Keown. They've been so close to me and other members of the staff. One thing I've learned is when you come to the Senate you have to be grateful to so many people. Not only your colleagues, of course, but, this Senate, as we know, could not function without the help of all these people on the Desk, the Lieutenant Governor and security. You know, security has done so much. These guys are wonderful to us and, before I leave, I just wanted to say thank you for all that they have done.

Moving on, my mission really is to better express even more profound gratitude for the wonderful years that I've had -- twelve fantastic years. I never thought that I would have the opportunity to address such a wonderful bunch of people -- such an august group of people, I guess as you might say. And it's been the highlight of my life. I've just got to tell you that.

I had tried to rehearse this speech a little bit. It goes on for about two hours. I thought I'd tell you that I timed it earlier. Anyway, you know former Senator JOHN MARTIN had made a fantastic exit from this place at one time. He got up and he just said, "I ask for leave for the rest of my life" and he walked out. I wish I could be that brief, but I can't be that brief. I'm over-trained I guess you might say.

I must mention, of course, the personal friendships that I have in here for all of you. And beyond the staff, I started going through this diagram of the Senate Chamber and I thought that it was kind of interesting. I thought I might touch base here with some of you folks.

Senator RITCHIE, my roommate, I will be saying good-bye to you. I appreciate so much your calm in keeping up with all the legislation here. You know you've got to have some place to look to find out where things are going, because you get lost. I'm over there talking to Senator RAVENEL and get lost at times.

Senator HAWKINS, he's not in here right now. I'd like to say thanks to him because he's done so much. Such a contribution, he keeps up with things so well. He's been a good friend, a nice great lawyer.

Of course, you'll be hearing from Senator RAVENEL in a moment. We've spent a lot of time together, and I appreciate him so much.

My seat is next, so I'll move on. Senator ALEXANDER, I just have to say this, I hope you will indulge me, Tom has been one of my great friends down here. We have sat together I guess for twelve years. Tom, I thank you so much for your steady leadership.

Senator VERDIN, who knows more about veterinarians than maybe we would like to know. He's been a loyal and staunch member of this Senate and we greatly appreciate his wisdom.

Right next to him we've got Senator MESCHER. Would we know anything about Santee Cooper if it weren't for Senator BILL MESCHER? I think not. Of course he knows a little bit about tattoos and ferrets as well.

Senator BRANTON -- what can we say about him that hasn't been said already or that he hasn't said already?

Senator GROOMS, we appreciate you. You know he is one of these political survivors. Nobody ever thinks that Senator GROOMS is going to win, but somehow he does. He must have some magic down there.

Senator MARTIN, thank you so much for your leadership and for knowing the "Rules." And, I know you are going to change them. Please!

Senator O'DELL -- I share Anderson County with him. I've never served with a finer fellow than BILLY O'DELL. I don't think we have ever had a cross word -- we just don't talk to each other. No, we've done so well and I think we've really worked well for Anderson County.

Senator MIKE FAIR is my conscience every time I start drifting off in simple thoughts. MIKE FAIR will come and talk to me and I will get back on the track.

Senator RICHARDSON, my roommate, sometimes votes against me on things that have to do with Anderson County but we get back on the track occasionally when we mention all that sand down there in Hilton Head. I appreciate your energy and intelligence in the Senate so much.

Senator RYBERG -- what can we say? Thank you so much for your passion and your energy. You don't always prevail, but you do make us think. And so I appreciate your friendship.

Of course, Senator GIESE, I think it was pronounced Geese at one time, you told me. We had a discussion about that. I just want to thank you for all that you have done for education. It's been an honor serving with you there.

Senator GREGORY -- he doesn't talk often, but when he does he has something to say. And I greatly appreciate that.

Our great PRESIDENT Pro Tem, Senator McCONNELL, it's just been a great honor serving with you and you have done an extraordinary job and I will always remember the great battles that we get in on parliamentary procedure. When you would pull out these Rules that are so arcane, so eclectic that nobody understands them and we appreciate you explaining them to us. The last one I heard was, something like, "you are making a motion under the guise of 26B when it's really 26A." That just blew me away.

Senator SMITH, you've been an inspiration. You're the spiritual leader of our Sunday school group on Thursdays and that has been a great blessing to all of us. Thank you for your conscience in our community.

Of course Senator LEATHERMAN, thank you again for being the leader that you are, spending the time that you do, and trying to give us direction in this Senate. All the work that you have done in Finance, and I've got to say that I hope everybody believes that we have done a pretty good job in the Senate although we've kind of slowed down.

Now for you guys on this side.

JOHN LAND, you know there's nobody like you. I think everybody in the Senate recognizes that. You know I always said when I grow up I'd like to be like JOHN LAND. But, you are articulate for your people in Clarendon County. I don't know what they would have done without you. I drove though Clarendon County not to long ago and everything was kind of named after you. Did you know that? There's the JOHN LAND Landing even.

Senator SETZLER, your ability has been extraordinary through the years. You've been here for a long time and have been a real guiding light to Education. The resources of your knowledge are just so extraordinary and you've been able to share that with South Carolinians. I appreciate that.

Senator DRUMMOND -- what a guy, what a man. He's a World War II Veteran and an inspiration to us all. The last member in this Senate of "the Greatest Generation." But you're not only one of the greatest generation, but one of the greatest guys I have ever met. Thank you.

JOHN MATTHEWS, you are soon to be hung in this Senate. Did you know that? I think there is a movement to hang you in here. JOHN, thank you for being a good friend of mine.

Senator PATTERSON, I've just got to say very quickly that I have really enjoyed your speeches. You've kind of slowed down. When I first came here, I can remember you getting up and orating and everyone was just fascinated by what you had to say. You have that unique talent for really being able to differentiate some of the hypocrisy that goes on in government. And there's a little bit that goes on occasionally. You come over and visit us every now and then. I just want you to know how welcome you would be to live in my neighborhood. I'd love to have you there.

I almost missed Senator HAYES here for a second. I just wanted to say a quick word about him. I call him St. WES. I do, I can't help it. We went through video poker and I tell you that man will stand up and he is absolutely opposed to gambling and other forms of sin. He does a great job and is appropriately on that Ethics Commission, so when I have a problem with ethics and think I am getting off the wrong track, I go running to WES and he says, "yeah, BOB, you've done it wrong again." But thank you, WES.

Senator REESE from Spartanburg, the man who has done so well with all those doughnuts and I don't think he has ever missed a reception. I think he has probably got the record. I always see him there. Thanks GLEN, for your friendship and for your camera to record things.

TOMMY (MOORE), I just wanted to say you are on the other side of the aisle so to speak, but what a job you've done in the Senate. You have been really a great worker on both sides. You're well respected on both sides of the aisle and respected by the Governor's office as well. You know, every governor I've had since we've been down here has worked well with the Senator from Aiken. I appreciate everything you have done.

YANCEY MCGILL -- I've got to say that there is a relationship between my Senator, BILLY O'DELL and YANCEY McGILL. I guess you've noticed that in the Finance Committee. And, I was thinking that maybe one of the Rules you could impose next year would be that you would separate these two guys for the good of the rest of the State. They really do a great job. Would Butch Cassidy and the Sundance Kid be kind of names that you would appreciate? Anyway YANCEY, you do a great job for Williamsburg and those people down there appreciate you.

Senator SHORT, thank you for all the knowledge that you bring to this body. You've been an education to me on education because of your rich background. You've been quite a lady. Congratulations to you and to your husband.

And, BRAD HUTTO -- BRAD has been very active as you've noticed over the years in this body. BRAD, thank you. It's been a pleasure to serve with you on every single committee. You've always added something.

LUKE RANKIN, your cool and laconic humor has always added very much to our process here. The people in Horry County are very grateful for all that "cash cow" money that we brought in from down there in Horry County. You've done a great job.

Senator ELLIOTT, you and LUKE have got that road down there to Myrtle Beach and we've been profiting from that.

There's a member that we just have here recently and that's Senator SHEHEEN and he has already shown how well that he has blended in with us. His intellect has been greatly appreciated and his common sense as well. So, I predict that he's going to be one of the really great outstanding Senators as he continues to be in this body.

RALPH ANDERSON, from Greenville, my neighbor here. RALPH has a great heart and if you are ever looking for somebody to stand up for people who can't speak for themselves -- Senator ANDERSON, I appreciate your point of view.

I am about to finish but I just had to say all these things because I just wasn't sure I was going to get to see everybody.

Senator JOHN KUHN is a bundle of energy and he has a unique relationship with the Governor's office. So, whenever we need some direct communication, we know were to go, JOHN. Thank you and I wish you well in your re-election.

JAKE KNOTTS, my gosh, what a pugnacious and strong advocate for the "little man" out there. I thought at first it was going just be Senator LEATHERMAN, but we've got somebody to replace him. Senator KNOTTS, my worst nightmare would be to go to Lexington County and have to run against you. I can tell you that.

Senator CROMER, you are new to this body and I felt that I had imposed on you tremendously as Chairman of Agriculture by giving you all those difficult subcommittee's like Wetlands and all those things and you just did a great job. Thank you.

Senator MALLOY, again, you are a great addition to this body and it has been a pleasure serving on different subcommittees with you. And I do remember one thing about you; when we had that test down there for the grip machine -- and, I don't know if the rest of you took that health thing that the doctors bring around -- my understanding is that Senator MALLOY broke the machine. He was so strong -- so be careful. I think he's got the best handshake, I guess, of anybody in the Senate.

Senator JACKSON, it is wonderful to talk to you and tell you how much I appreciate you. All the committees don't always agree with you, but you've always been a gentleman. You have that unique talent to point out those inconsistent homiletics, those things that just don't quite match up. And so you've been a great contribution.

MRS. GLOVER, thank you for being MAGGIE. You are just who you are and I know that when something doesn't look right you are going to speak up. You've got a great heart and it's been a pleasure. You are one of my classmates, you and Senator JACKSON.

And next to him, of course is Senator ROBERT FORD. There will never be another ROBERT FORD. I can tell you, you can't duplicate him. And, I hope I'm not being offensive, but I say his heart is as big as a watermelon. He's been my friend and it's been great.

I've saved something special for Senator PEELER. He's been a great guy and a great friend. If you ever get in a room full of people and you're having a difficult discussion on anything, he can really sort of simply put it in simple terms that anybody can understand. I guess it's that Gaffney background that he comes from. But HARVEY, it's been great being your friend and thank you so much.

Have I missed anybody? Oh, I'm sorry. Senator LEVENTIS, I am going to leave with you. PHIL, what can I say? I've got to say this, "This man has meant more to hogs than anybody since the Governor." He has single-handedly imposed some of the most strict hog regulations. I know everybody talks about hogs in agriculture and local government, but Senator LEVENTIS has really gone to bat for that. He's been an environmental captain. And, frankly, I took a lot of my lead from you, PHIL. I very much appreciate you, I deeply do. And I hope everybody understands that these comments are even sincere coming to you.

Our Lieutenant Governor, I will say goodbye to him. Andr� is not here, but he's an extraordinary young man. Andr� has just been a great Lieutenant Governor. He's been very accessible and he's everywhere. You never go to a football game without seeing him and I wish him well.

Senator THOMAS, thank you so much for your friendship. It's been great knowing you and you have a passion for what you think is right and we appreciate that. We appreciate you and your career in Greenville and we know that you will go on to continue serving this State.

Well, as you can see, that about ends it up. I know that was a terrible long thing to do, but I did want to say a couple of things about service in the Senate. There is nothing greater than service in the Senate. You all know that. You all absolutely know that. There is a line that comes out of Our Town -- I don't know if you are familiar with that particular play, but little Emily comes back to Earth and little Emily asks the Town Crier, "does anybody truly realize and appreciate life as it is? Do we really look at one another, do we really appreciate?" And the Town Crier answers her and says, "Emily, very few do. A few saints and some poets." I know we can't be saints, but maybe we can be a little poetic.

And on that note, Tim Russert has written a book in which he said (he was talking about big Russ and little Russ -- you may have seen it) his dad grew up tough and had some hard times. But, his dad would always look around this country, look around his state, look around his community and he'd say, "What a country, what a country." So on that note, I'm going to say, "What a Senate." God Bless You.

On motion of Senator RITCHIE, with unanimous consent, Senator WALDREP's remarks were ordered printed in the Journal.

S. 1296 (Word version) -- Senators McConnell, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF THEIR FRIEND AND COLLEAGUE SENATOR ARTHUR RAVENEL, JR. OF CHARLESTON ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE.
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Whereas, Arthur Ravenel, Jr. has been a loyal servant of the State in many roles - as a member of the South Carolina House of Representatives from 1953-58, in the South Carolina Senate from 1981-86, in the United States House of Representatives representing South Carolina's First Congressional District from 1987-95, and most recently, in returning to the South Carolina Senate in 1997; and

Whereas, at age eighteen, in 1945, he joined the United States Marine Corps and served with distinction, after which he earned his B.S. Degree at the College of Charleston in 1950; and

Whereas, in all of his public life he has exemplified the virtues of willingness, readiness, alertness, keen insight, and courtesy that have made him a superb legislator and won him loyal friends; and

Whereas, Senator Ravenel has understood the words "duty and loyalty" in their larger context and in their nobler adjuration, to listen quietly, to counsel wisely, and to keep confidences; and

Whereas, the esteem in which he is held and the affection that he generates is made obvious by the General Assembly acting to name the new Cooper River Bridge rising over Charleston Harbor in his honor as a tribute to his tenacity in pursuing its construction; and

Whereas, it is appropriate for the members of the Senate to pause in their deliberations in order to reflect on the career of this great son of South Carolina and bear in mind the old words from Ecclesiasticus, "Let us now praise famous men, and our fathers who begat us... All these were honored in their generations, and were the glory of their times". Now, therefore,

Be it resolved by the Senate:

That the members of the South Carolina Senate, by this resolution, express their appreciation for the distinguished career in public service of their friend and colleague Senator Arthur Ravenel, Jr. of Charleston on the occasion of his retirement from the South Carolina Senate.

Be it further resolved that a copy of this resolution be presented to Senator Arthur Ravenel, Jr.

The Senate Resolution was adopted.

Senator RAVENEL addressed the Senate.

Remarks by Senator RAVENEL

They said, "RAVENEL, you're not running for reelection?" I said, "No, sir, I'm certainly not." They said, "Well, how come you're not running?" I said, "Man, that old three letter word has got me -- A-G-E, age!" He said, "Ravenel, how old are you?" I said, "Ninety-one." He said, "RAVENEL, you don't look it." I quit using that. I'm not going to use that anymore. But, when I reflect on my years here in the General Assembly (because, of course, I served over there in the House and back in the Senate on two occasions), I recall a few things, and I just want to share them with you.

When I was elected to the Senate in 1950 -- got elected to the House in 1952, and got there in 1953 -- I was there when JACK LINDSAY was over there... and Fritz Hollings was over there... and ED SALEEBY was over there... and DON HOLLAND... and so many of the others. I doubt if any of you will remember, but back then we had no air conditioning! Do you remember it, Senator LAND? You were a page over there! You were that bad little fellow, you know, a hot dog! Big old head of bushy hair! I remember you! I remember you! So what would happen is they had big, long curtains over there in the House, and we would have those hot days in May. Man, I'll tell you, it would get to around the fifteenth, sixteenth, seventeenth of May, with a ninety-degree day over there. They'd open up those windows, and those curtains would blow! They'd just blow like that, and we couldn't stand it. We'd adjourn. I believe the whole Appropriations Bill was less than five hundred million dollars. Imagine that. That was back in the early fifties, and JIMMY BURNS was the Governor. I was there. We used to come over here and kind of peek in here and look at these giants in the Senate -- these old Senators... Senator EDGAR BROWN... I just want to share one story with you about Senator EDGAR BROWN. Of course, there is his portrait over there. Some of you can see it behind the Clerk. I don't know how in the world I got on the committee, but they had a committee. They had these reorganization committee initiatives, and I got on the one for the Department of Mental Health. Senator BROWN was the leader of the group. Back then things were pretty rudimentary. Senator SMITH, you can imagine. I know you know how rudimentary. They weren't that bad. I mean, we were doing the best we could with the little bit of money we had, but anyhow... Senator BROWN led the group, and I think there were three or four House members and three or four Senators. We were walking around on the Bull Street property, you know, that may be sold to help balance the budget. But that's the property. And we went into this big room, and there was nothing in the room except some benches around the sides of the room. And there were about fifty senile old gentlemen in there. None of them had any clothes on at all. They just couldn't keep any clothes on them. So we were all looking around, and that was the scene. And one naked old gentleman, he walked up to the group and he looked at us and said, "You're nothing but a bunch of dressed up s.o.b.'s!" But he didn't say "s.o.b.'s," man! He called it out, you know! And Senator BROWN... of course, we all didn't know what to do... We were kind of shocked at what the gentleman said. Senator BROWN turned to us and said, "Gentlemen, if we don't do something to relieve the conditions over here, what the gentleman has said about us is exactly true!" Wasn't that great? I just thought that was great. And we did. We improved that situation over there, but that was a dramatic, dramatic moment for me.

Throughout my Senate career and General Assembly career I have really had a lot of fun. As many of you know, and you've heard me say before, the way I live my life is, if you can't eat it, spend it, or make love to it, then laugh at it! And I've done that! I've done that! I've done that! It's served me well! I'm so glad that my eldest and love child, Susie, is here with us today. Susie, I'm so glad you stayed over! Those cloture votes and all... Don't you tell anybody you saw your daddy vote cloture! Anyhow, I really have enjoyed it.

I have to be honest with you... I have always enjoyed running more than I have enjoyed serving. Senator McCONNELL and I, we have had more fun, you know, getting the hang beat out of us together in the early days of our Party than anything else. I remember one time we were down in Georgetown, and we were running over in Georgetown. Man, there were hardly any Republicans over there. There are a few more now, but back then, there just weren't any, you know. We were over there running, and they had a little radio station, Senator LAND, right across the street from the steel mill. It was all covered down with dust from the steel mill. GLENN McCONNELL and I went in there, and I think it had a range of about a hundred yards. That's about all, that little radio station... And GLENN said to the manager, the only man in there, "How much for your spots?" And the guy said, "They're two dollars a piece." So GLENN said, "Give me two dozen of them." Like he was buying eggs, Senator! Then we got in that big old car that he had, and we rode on down the road. And the guy said, "I'll start playing them right away." So anyhow, the guy was playing the doggone spots backwards, you know! So GLENN said, "What is that?" I said, "That's your spot!" Man, we turned around, and we got them on right. We had some great times, I'll tell you.

The greatest thing I've ever done in the Senate, y'all are looking at right there behind Senator PEELER. That was an enduring legend for me. When I came here to the Senate, you could hardly see Mr. CALHOUN in his portrait. All you could see was a little bit of his shirt, and you could see his forehead and his cheeks. You couldn't see any eyes at all, you know, so, I authored a little Senate Resolution. We appropriated, I forget what it was, maybe as much as a thousand dollars. And they cleaned the portrait, and they brought him out. And there he is. And that is... RAVENEL did that if anybody ever asks you! And if it ever gets dirty again, by George, y'all have it cleaned. Y'all have it cleaned.

But I really have enjoyed my service in the Senate. I had such great people to be suitemates. I know when these bad Republicans... When you bad Republicans and two or three over there on the back row... When y'all reorganized the Senate and all that and drove everybody up on the sixth floor... I don't know why you were so mad with me, but you drove me up there! You put me in the office with Senator PATTERSON! We had a great time, I'll tell you. Of course, he was the Senior Senator up there on the sixth floor, and he had Martin Luther King and all the other greats of the civil rights era all on the walls there. I carried my few confederates up there, and I asked the Senator, "Senator, do you mind if I hang The Last Meeting of Generals Lee and Jackson? Do you mind if I hang them out here on the wall?" And he said, "No, that will be fine, Senator. You hang them right there on the wall, and Martin Luther King and General Lee can keep an eye on each other." It worked out. It worked out real well. Then, I really enjoyed my last suitemate, Senator VERDIN, Senator DANNY VERDIN from up there in Laurens County and my seatmate there, Senator WALDREP. We call him Chief. I don't know if you know it or not, but he's twenty-five percent American Indian. He's probably the only Native American, blood-wise, in this Chamber. I asked him today if he was going to speak to us... Watch him. See? He's giving the high sign! How, Chief! How! I asked him if he was going to address the Senate today in Cherokee or English, and he said, "I think I'll speak in French." And he's the only real sophisticate here in the Senate. He's always got these little lines and quotes and what have you from various and sundry people. And I know he's always asking me these things, and I don't have the answers to most of them. One, he asked me the other day that I thought was kind of cute. He said, "Do you know what the last words were that Oscar Wilde said when he died in Paris?" "What were his last words?" I said, "No, I don't know." And I doubt if many of you here know or if any of you know. And I said, "No, what were the last words that Oscar Wilde had to say?" He said, "The last words that he said were, 'Either I or this wallpaper has got to go."

The funniest thing that ever happened to me while campaigning was, I was running against Senator SMITH, Senator GREG SMITH, from down there in Georgetown, and Greg is a computer guru. So he challenged me to a computer debate. Well, back then, I didn't even know how to turn one on or off, you know, but I had a friend over there, and he said, "ARTHUR, don't worry about it. I'll work the computer and you just tell me what to put into it, and we'll have it. We'll have it." I tried to get out of it, but SMITH said, "Are you refusing the computer debate?" And I said, "No, I'm not, by George. You put it all together, and I'll be in it." So we had the great computer debate, and guess what happened? We turned on the computers, and local people were supposed to write in with questions and this and that and the other... But all the calls we got were from San Diego, California! I haven't seen Greg since, I'll tell you! But that was a real funny one!

Of course, I went up there and served a while in Washington. I was so happy to get back, I'll tell you! You get back here, and everybody has good manners and soft, southern voices, and the staff is so nice and accommodating... and just so southern, so southern. And while I'm talking about southern, I had the great privilege to be the seatmate with Senator I. D. NEWMAN, and if there ever was a man who anybody asked me, "Who would you say is the quintessence of the ideal southern gentleman?" I would say it is I. DeQuincey Newman. Of course, too early, too early, disease took him off.

So, as I leave you all, I will say to you and repeat again what I have said oft times, and that is, without a doubt... 'cause I know... I've been up to Washington and back now... the Senate of South Carolina is the Cadillac of elective office! Good-bye.

On motion of Senator RITCHIE, with unanimous consent, Senator RAVENEL's remarks were ordered printed in the Journal.

S. 1297 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE J. RICHARDS "RICK" TODD ON HIS TWENTY-FIVE YEARS OF SERVICE AND COMMITMENT TO THE SOUTH CAROLINA TRUCKING ASSOCIATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1298 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 2004, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 5:30 P.M. ON JUNE 3, 2004, ONLY FOR THE PURPOSE OF AND UNTIL THE COMPLETION OF THE RATIFICATION OF ACTS, AND UPON COMPLETION OF THE RATIFICATION OF ACTS, NOT LATER THAN 6:00 P.M. ON THURSDAY, JUNE 3, 2004, SHALL STAND ADJOURNED SINE DIE.
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Be it resolved by the Senate, the House of Representatives concurring:

When each house adjourns on Thursday, June 3, 2004, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 5:30 p.m. on June 3, 2004, only for the purpose of and until the completion of the ratification of acts, and upon completion of the ratification of acts, not later than 6:00 p.m. on Thursday, June 3, 2004, shall stand adjourned sine die.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1299 (Word version) -- Senators Knotts, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO RECOGNIZE INDEPENDENCE AIR AND THE EXCITING DOORS THIS LOW-FARE AIRLINE WILL OPEN IN THE AREAS OF TRAVEL FOR SOUTH CAROLINIANS AND TOURISM FOR THE PALMETTO STATE.
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The Senate Resolution was adopted.

H. 5419 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. EDWARD HURSEY OF DARLINGTON FOR HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

HOUSE CONCURRENCES

S. 1256 (Word version) -- Senators McGill, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION URGING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT AND ENACT LEGISLATION TO ESTABLISH A TOBACCO QUOTA BUYOUT PROGRAM.

Returned with concurrence.

Received as information.

S. 1285 (Word version) -- Senators Grooms and McConnell: A CONCURRENT RESOLUTION TO CONGRATULATE THE BISHOP ENGLAND HIGH SCHOOL GIRLS TRACK AND FIELD TEAM AND THEIR HEAD COACH, TONY COLIZZI, ON WINNING THE 2004 AA STATE TRACK AND FIELD CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION ON THEIR FOURTH CONSECUTIVE TRACK AND FIELD STATE TITLE.

Returned with concurrence.

Received as information.

S. 1289 (Word version) -- Senators Rankin, Elliott, McGill and Ravenel: A CONCURRENT RESOLUTION TO SUPPORT THE CONTINUED OPERATIONS OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' WILDLIFE OFFICE IN HORRY COUNTY.

Returned with concurrence.

Received as information.

S. 1298 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 2004, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 5:30 P.M. ON JUNE 3, 2004, ONLY FOR THE PURPOSE OF AND UNTIL THE COMPLETION OF THE RATIFICATION OF ACTS, AND UPON COMPLETION OF THE RATIFICATION OF ACTS, NOT LATER THAN 6:00 P.M. ON THURSDAY, JUNE 3, 2004, SHALL STAND ADJOURNED SINE DIE.

Returned with concurrence.

Received as information.

OBJECTION REMOVED

H. 3130 (Word version) -- Reps. Lourie and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.

At 10:04 A.M., Senator COURSON removed his objection to H. 3130.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

By prior motion of Senator GROOMS, with unanimous consent

H. 3454 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

By prior motion of Senator WALDREP, with unanimous consent

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 5257 (Word version) -- Rep. Stille: A BILL TO AMEND ACT 1675 OF 1972, AS AMENDED, RELATING TO THE DONALDS-DUE WEST WATER AND SEWER AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION, TO ADD AND DEFINE THE EXTENDED SERVICE AREA OF THE AUTHORITY FROM WHICH THESE TWO NEW MEMBERS SHALL RESIDE, AND TO MAKE CONFORMING AMENDMENTS.

By prior motion of Senator DRUMMOND, with unanimous consent

H. 5358 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE NINE MEMBERS OF THE BOARD AND PROVIDE THAT A MEMBER OF A SCHOOL BOARD OF TRUSTEES MAY NOT SERVE ON THE VOCATIONAL EDUCATION BOARD.

By prior motion of Senator GROOMS, with unanimous consent

By prior motion of Senator RANKIN, with unanimous consent

NOT CONFIRMED

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Statewide Appointment

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2000, and to expire June 30, 2006

At-Large

Harry B. Gregory, Tally & Gregory, LLC, P. O. Box 11288, Columbia, S.C. 29211 VICE Holly Saleeby Atkins (resigned)

Respectfully submitted,
Mark Sanford

The appointment of Mr. Harry B. Gregory was taken up for immediate consideration.

Senator McCONNELL argued in favor of the confirmation of Mr. Gregory.

Senator LEVENTIS argued contra to the confirmation of Mr. Gregory.

Objection

At 11:11 A.M., Senator MARTIN asked unanimous consent to make a motion under Rule 15A for a time certain of 12:00 Noon to vote on the entire matter of the confirmation of Mr. Gregory.

Senator LEVENTIS objected.

Senator LEVENTIS argued contra to the confirmation of Mr. Gregory.

Motion Adopted

On motion of Senator HUTTO, with unanimous consent, Senators KNOTTS, GREGORY and HUTTO were granted leave to attend a meeting of a conference committee and be counted in any quorum calls.

Call of the Senate

At 11:31 A.M., Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Sheheen
Thomas                    Verdin                    Waldrep

A quorum being present, the Senate resumed.

Recorded Presence

Senator SHORT recorded her presence subsequent to the Call of the Senate.

Senator LEVENTIS argued contra to the confirmation of Mr. Gregory.

Objection

At 11:48 A.M., Senator JACKSON asked unanimous consent to make a motion that the Senate recede from business for thirty minutes.

Senator MARTIN objected.

Senator LEVENTIS argued contra to the confirmation of Mr. Gregory.

RECESS

At 11:59 A.M., with Senator LEVENTIS retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed three minutes.

At 12:04 P.M., the Senate resumed.

Senator LEVENTIS argued contra to the confirmation of Mr. Gregory.

ACTING PRESIDENT PRESIDES

At 12:07 P.M., Senator RITCHIE assumed the Chair.

Senator LEVENTIS resumed arguing contra to the confirmation of Mr. Gregory.

RECESS

At 12:25 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 12:41 P.M., the Senate resumed.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Point of Order

Senator KUHN raised a Point of Order that the remarks were out of order inasmuch as they were not germane.

Senator LEVENTIS spoke on the Point of Order.

The ACTING PRESIDENT took the Point of Order under advisement.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

ACTING PRESIDENT PRESIDES

At 1:27 P.M., Senator PEELER assumed the Chair.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Motion Under 15A Failed

At 2:29 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter regarding the confirmation of Mr. Gregory at 2:30 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 20; Nays 11; Abstain 10

AYES

Alexander                 Courson                   Cromer
Fair                      Giese                     Gregory
Grooms                    Hayes                     Leatherman
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Ravenel
Richardson                Ritchie                   Ryberg
Smith, J. Verne           Verdin

Total--20

NAYS

Anderson                  Elliott                   Ford
Glover                    Jackson                   Knotts
Leventis                  Matthews                  Patterson
Reese                     Short

Total--11

ABSTAIN

Hawkins                   Hutto                     Kuhn
Land                      Malloy                    Rankin
Setzler                   Sheheen                   Thomas
Waldrep

Total--10

Having failed to receive the necessary vote, the motion under 15A failed.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Motion Under 15A Failed

At 2:49 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter regarding the confirmation of Mr. Gregory at 2:50 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 22; Nays 10; Abstain 10

AYES

Alexander                 Courson                   Cromer
Fair                      Giese                     Gregory
Grooms                    Hayes                     Leatherman
Martin                    McConnell                 McGill
Mescher                   Moore                     O'Dell
Peeler                    Ravenel                   Richardson
Ritchie                   Ryberg                    Smith, J. Verne
Verdin

Total--22

NAYS

Anderson                  Ford                      Glover
Jackson                   Knotts                    Leventis
Matthews                  Patterson                 Reese
Short

Total--10

ABSTAIN

Hawkins                   Hutto                     Kuhn
Land                      Malloy                    Rankin
Setzler                   Sheheen                   Thomas
Waldrep

Total--10

Having failed to receive the necessary vote, the motion under 15A failed.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Motion Under 15A Failed

At 3:49 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter regarding the confirmation of Mr. Gregory at 3:50 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 12; Abstain 10

AYES

Alexander                 Courson                   Cromer
Fair                      Gregory                   Grooms
Hayes                     Leatherman                Martin
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Peeler
Ravenel                   Richardson                Ritchie
Ryberg                    Smith, J. Verne           Verdin

Total--21

NAYS

Anderson                  Branton                   Elliott
Ford                      Glover                    Jackson
Knotts                    Leventis                  Matthews
Patterson                 Reese                     Short

Total--12

ABSTAIN

Drummond                  Hawkins                   Hutto
Kuhn                      Land                      Malloy
Rankin                    Setzler                   Sheheen
Waldrep

Total--10

Having failed to receive the necessary vote, the motion under 15A failed.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator JACKSON asked unanimous consent to make a motion that the Senate proceed to the Morning Hour.

Senator MARTIN objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Motion to Ratify Adopted

At 3:59 P.M., with Senator LEVENTIS retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 5:30 P.M.

There was no objection and a message was sent to the House accordingly.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Motion Under 15A Failed

At 4:04 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter regarding the confirmation of Mr. Gregory at 4:05 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 10; Abstain 8

AYES

Alexander                 Courson                   Cromer
Fair                      Giese                     Gregory
Grooms                    Hayes                     Leatherman
Martin                    McConnell                 McGill
Mescher                   Moore                     O'Dell
Peeler                    Ravenel                   Richardson
Ritchie                   Ryberg                    Short
Smith, J. Verne           Verdin

Total--23

NAYS

Anderson                  Branton                   Elliott
Ford                      Jackson                   Knotts
Leventis                  Matthews                  Patterson
Reese

Total--10

ABSTAIN

Hawkins                   Hutto                     Kuhn
Land                      Malloy                    Rankin
Setzler                   Waldrep

Total--8

Having failed to receive the necessary vote, the motion under 15A failed.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.

With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up H. 3530 for immediate consideration.

Senators McCONNELL and MARTIN objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Motion Under 15A Failed

At 4:14 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter regarding the confirmation of Mr. Gregory at 4:15 P.M.

Point of Order

Senator LEVENTIS raised a Point of Order that the motion was out of order inasmuch as no significant progress had been made during the debate and since the time indicated for a vote had passed, the motion was moot.

Senator McCONNELL spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 10; Abstain 9

AYES

Alexander                 Courson                   Cromer
Drummond                  Fair                      Gregory
Hayes                     Leatherman                Martin
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Peeler
Ravenel                   Richardson                Ritchie
Ryberg                    Smith, J. Verne           Verdin

Total--21

NAYS

Branton                   Elliott                   Ford
Glover                    Jackson                   Knotts
Leventis                  Matthews                  Patterson
Reese

Total--10

ABSTAIN

Hawkins                   Hutto                     Kuhn
Land                      Malloy                    Rankin
Setzler                   Sheheen                   Waldrep

Total--9

Having failed to receive the necessary vote, the motion under 15A failed.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

PRESIDENT PRESIDES

At 4:20 P.M., the PRESIDENT assumed the Chair.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator FORD asked unanimous consent to make a motion to proceed to the Morning Hour.

Senator McCONNELL objected.

Objection

With Senator LEVENTIS retaining the floor, Senator ANDERSON asked unanimous consent to make a motion to take up H. 4656 for immediate consideration in order to remove the Minority Report.

Senator RYBERG objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Motion Under 15A Failed

At 4:26 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter regarding the confirmation of Mr. Gregory at 4:30 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 10; Abstain 9

AYES

Alexander                 Courson                   Cromer
Drummond                  Fair                      Giese
Gregory                   Hayes                     Leatherman
Martin                    McConnell                 McGill
Mescher                   Moore                     O'Dell
Peeler                    Ravenel                   Richardson
Ritchie                   Ryberg                    Short
Smith, J. Verne           Verdin

Total--23

NAYS

Branton                   Elliott                   Ford
Glover                    Jackson                   Knotts
Leventis                  Matthews                  Patterson
Reese

Total--10

ABSTAIN

Hawkins                   Hutto                     Kuhn
Land                      Malloy                    Rankin
Setzler                   Sheheen                   Waldrep

Total--9

Having failed to receive the necessary vote, the motion under 15A failed.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator FORD asked unanimous consent to take up H. 3530 for immediate consideration.

Senator McCONNELL objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.

With Senator LEVENTIS retaining the floor, Senator HUTTO asked unanimous consent to make a motion to take up S. 458 for immediate consideration.

Senator MARTIN objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator HUTTO asked unanimous consent to make a motion to recall S. 813 from the Committee on Finance.

Senator McCONNELL objected.

Objection

With Senator LEVENTIS retaining the floor, Senator FORD asked unanimous consent to make a motion to take up H. 3744 for immediate consideration.

Senator McCONNELL objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator JACKSON asked unanimous consent to make a motion to take up S. 1048 for immediate consideration.

Senator McCONNELL objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator BRANTON asked unanimous consent to be granted leave to address the Senate for an Expression of Personal Interest.

Senator McCONNELL objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up H. 3530 for immediate consideration.

Senator MARTIN objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

H. 4656 (Word version) -- Reps. Cato, Sandifer, Huggins, Bailey, Bales, Barfield, Bingham, Bowers, G. Brown, J. Brown, Chellis, Cooper, Dantzler, Edge, Hamilton, Harrell, Harrison, Hinson, Jennings, Leach, Lee, Limehouse, Lourie, Mack, Martin, McCraw, Miller, Perry, Quinn, Rice, Richardson, Rutherford, Scarborough, Scott, J.R. Smith, W.D. Smith, Thompson, Tripp, Trotter, White, Witherspoon, Young, Moody-Lawrence, Gourdine, Allen, Weeks, Walker, Owens, Govan, Loftis, G.R. Smith and Hosey: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING", TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND.

With Senator LEVENTIS retaining the floor, Senator ANDERSON asked unanimous consent to make a motion to take up for immediate consideration H. 4656 in order to remove the Minority Report.

Senator McCONNELL objected.

Objection

H. 3229 (Word version) -- Reps. Coates, Altman, Bailey, Simrill, Viers, M.A. Pitts, Littlejohn, Wilkins, Branham, M. Hines, G.M. Smith, McGee, R. Brown, Vaughn, Leach, Witherspoon, Hamilton, Tripp, Perry, Trotter, Cooper, Duncan, Barfield, Delleney and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.

With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up H. 3229 for immediate consideration.

Senator MARTIN objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Motion Under 15A Failed

At 4:40 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter regarding the confirmation of Mr. Gregory.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 11; Abstain 9

AYES

Alexander                 Courson                   Cromer
Fair                      Giese                     Gregory
Grooms                    Hayes                     Leatherman
Martin                    McConnell                 McGill
Mescher                   Moore                     O'Dell
Peeler                    Ravenel                   Richardson
Ritchie                   Ryberg                    Short
Smith, J. Verne           Verdin

Total--23

NAYS

Branton                   Drummond                  Elliott
Ford                      Glover                    Jackson
Knotts                    Leventis                  Matthews
Patterson                 Reese

Total--11

ABSTAIN

Hawkins                   Hutto                     Kuhn
Land                      Malloy                    Rankin
Setzler                   Sheheen                   Waldrep

Total--9

Having failed to receive the necessary vote, the motion under 15A failed.

CONCURRENCE

With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion that H. 3530 be taken up for immediate consideration.

There was no objection.

The House returned the Bill with amendments.

Senator MOORE explained the amendments.

On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
asks for a Committee of Conference, and has appointed Reps. Howard, Sinclair and Clemmons to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 4649--CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators GREGORY, HUTTO and KNOTTS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and has appointed Reps. Howard, Sinclair and Clemmons to the Committee of Free Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:

Received as information.

H. 4649--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
FREE CONFERENCE REPORT ADOPTED

On motion of Senator GREGORY, with unanimous consent, Free Conference Powers were granted.

Whereupon, Senators GREGORY, HUTTO and KNOTTS were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator GREGORY, the Report of the Committee of Free Conference to H. 4649 was adopted as follows:

H. 4649--Free Conference Report
The General Assembly, Columbia, S.C., June 3, 2004

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version June 2, 2004--H.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 56-5-765 of the 1976 Code, as last amended by Act 277 of 2002, is further amended to read:

"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle ~~operated by~~ of the department, is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol ~~shall~~ must investigate the collision and must file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(B) When a motor vehicle or motorcycle of the department is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred ~~shall~~ must investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and must file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(C) A law enforcement department or agency ~~may~~ must not investigate ~~collisions~~ a traffic collision in which a motor vehicle, a motorcycle, or an employee of that department or agency is involved that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved.

(D) A law enforcement agency that has primary responsibility for an investigation involving a motor vehicle, a motorcycle, or an employee of another department or agency, but lacks the expertise to conduct a proper investigation, may request assistance from another agency that has the appropriate expertise, as long as the assisting agency or an employee of the assisting agency is not a subject of the investigation. A request made pursuant to this subsection shall result in a joint investigation conducted by both agencies.

(E) A person who knowingly and wilfully violates the provisions of subsection (C) is subject to punishment as provided for in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district.

(F) An investigation of a traffic collision involving a motor vehicle, a motorcycle, or an employee of a law enforcement agency or department must include a field investigation to identify possible witnesses, including possible witnesses not involved in the traffic collision, but who may have witnessed the traffic collision from a vantage point other than the collision site.

(G) For purposes of this section, 'involved in a traffic collision' includes a law enforcement motor vehicle or motorcycle engaged in a pursuit when a traffic collision occurs."

SECTION 2. Section 56-5-2525 of the 1976 Code is amended to read:

"Section 56-5-2525. (A) For purposes of this section, 'vehicle' means a motor vehicle, trailer, mobile home, watercraft, or any other item that is subject to towing and storage, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:

(1) items that are towed and left in the possession of a towing, storage, garage, or repair facility;

(2) contents contained in the vehicle; and

(3) personal property affixed to the vehicle.

(B) ~~Any~~ A towing company which tows ~~away another's~~ and stores a person's ~~motor~~ vehicle without the ~~owner's~~ person's knowledge ~~and stores it shall~~ must immediately notify the police department of the ~~municipal corporation~~ municipality where ~~such~~ the vehicle was parked, or the sheriff or of the county ~~police department in counties having such departments~~, if the vehicle was parked outside the limits of a ~~municipal corporation~~ municipality, of the location from which the vehicle was towed, the name of the company which towed it the vehicle and the place where it the vehicle is stored.

(C) ~~Any~~ A towing company failing to give ~~such~~ this notice within one hour of the time the vehicle was towed ~~away shall~~ is not be entitled to any compensation for the towing and storing operations. The provisions of this section ~~shall~~ must be posted in a conspicuous place in all public areas on the premises of the towing company. The law enforcement agency that receives this notice must draft a towing report and furnish the towing company with the report's document number within a reasonable time. Notification to the law enforcement agency is not required when the towing is performed at the direction of a law enforcement officer.

(D) A towing company that tows away a person's vehicle without his knowledge and stores it is not required to return the vehicle to the person after the company's normal business hours."

SECTION 3. Section 56-5-5630 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 56-5-5630. ~~(a)~~(A)(1) For purposes of this ~~section~~ article, 'vehicle' means ~~any~~ a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage ~~at the discretion of a law enforcement officer~~, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:

(a) items that are towed and left in the possession of a towing, storage, garage, or repair facility;

(b) contents contained in the vehicle; and

Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.

(2) When an abandoned vehicle has been taken into custody, the towing company and storage ~~place~~ facility having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered ~~United States~~ mail, return receipt requested, constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must:

(a) ~~describe~~ give a description of the year, make, model, and ~~serial~~ identification number of the vehicle,;

(b) set forth the location where the vehicle is being held,;

(c) inform the owner and all lienholders of the right to reclaim the vehicle within ~~fifteen~~ thirty days ~~after the date~~ beginning the day after the notice is mailed, return receipt requested, upon payment of all towing, preservation, ~~and~~ storage charges, notification, publication, and court costs resulting from placing the vehicle ~~or other property~~ in custody,; and

(d) state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle ~~or other property~~ within the time provided is ~~deemed~~ considered a waiver by the owner and lienholders of all ~~right~~ rights, title, and interest in the vehicle ~~or other property~~ and is considered as their consent to the sale of the vehicle ~~or other property~~ at a public auction.

If a vehicle has been towed pursuant to the provisions of this section, ~~payment to the owner or operator of~~ the towing ~~service~~ ~~shall~~ company and storage facility must accept as payment for the release of the vehicle the same manner of payment that ~~the~~ ~~owner or operator of the towing service~~ they would accept if the owner of the vehicle had requested his vehicle towed.

~~(b)~~(B) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered or certified mail. ~~Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.~~

~~(c)~~(C) A lienholder is not subject to a criminal penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent ~~or servant~~ or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. An owner of a vehicle which has been stolen and after that abandoned, as defined by this article, is not liable for any charges or penalties imposed in this section, otherwise all charges or penalties are the responsibility of the last registered owner. The owner of a vehicle which has been stolen, whether or not the vehicle was subsequently abandoned, is liable for:

(1) actual recovery and towing charges; and

(2) storage costs that accrue beginning seven days after the vehicle was towed.

The law enforcement agency must, within two days after the vehicle's towing, notify the owner that the vehicle has been recovered, provide the owner with the location of the vehicle, and explain that daily storage charges will begin to accrue if the vehicle is not reclaimed within seven days of the towing date.

A vehicle is ~~deemed~~ considered to be stolen when the registered owner notifies a police officer and ~~the~~ files a report which is accepted and ~~carried~~ placed on the records of the sheriff or chief of police as a stolen vehicle. ~~Within ten days of the tow, the~~ The law enforcement agency that requested the tow ~~shall~~ must provide the towing company and storage facility, at no cost to the towing company and storage ~~operator~~ facility, the ~~current~~ owner's name, and address~~, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object~~. A law enforcement agency is not liable for ~~the~~ any costs or ~~fee~~ fees associated with the towing and storage of a vehicle ~~or other property~~ as provided by this section.

(D) The court may order restitution from a person convicted of stealing a vehicle to cover the costs associated with the recovery, towing, and storage of the vehicle."

SECTION 4. Section 56-5-5635 of the 1976 Code, as added by Act 71 of 2003, is amended to read:

"Section 56-5-5635. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, ~~shall~~ must use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a ~~motor~~ vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is ~~deemed~~ considered a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle ~~or other property,~~ unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.

(B) Within ten days following a law enforcement's towing request, ~~the towing or storage operator or owner shall~~ the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, must provide to the sheriff or chief of police a list describing the vehicles ~~or other property~~ remaining in ~~their~~ the possession of the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop. ~~Failure~~ A person who fails to provide the law enforcement agency with this list~~, the towing and storage owner or operator~~ forfeits recovery of ~~all costs associated with towing and storage of the vehicle or other property~~ any storage fees that have accrued from the date of towing until the day after the mailing of the notification to the owner and all lienholders by certified or registered mail, return receipt requested, pursuant to Section 29-15-10. ~~Upon~~ Within ten days of receipt of this list, the sheriff or chief of police ~~shall~~ must provide to the towing company or storage facility, the current owner's name, address, and a record of all lienholders along with the make, model, and ~~vehicle~~ identification number or a description of the ~~object~~ vehicle ~~on the proper forms within ten days and must be~~ at no cost to the ~~storage operator~~ proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The ~~storage place~~ proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop having towed or received the vehicle ~~shall~~ must notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.

(C) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the ~~towing or storage~~ ~~owner or operator shall~~ proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must provide notice by one publication in one newspaper of general circulation in the area ~~where~~ from which the vehicle was abandoned which is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.

(D) Before a vehicle is sold, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must apply to the appropriate titling facility, including, but not limited to, the Department of Motor Vehicles or the Department of Natural Resources for the name and address of any owner or lienholder. For non-titled vehicles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the vehicle has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the vehicle is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the vehicle's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the name of the state in which the vehicle is titled.

(E) The proprietor, owner, or operator ~~of a storage place, garage, or towing service, who~~ of the towing company, storage facility, garage, or repair shop that has towed and stored a vehicle ~~or object~~ has a lien against the vehicle ~~or object and its contents,~~ and may have the vehicle ~~or object and its contents~~ sold at public auction pursuant to Section 29-15-10,. ~~and~~ The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs after the five day period must not be charged until the notice is mailed. ~~Fifteen~~ If the vehicle is not reclaimed within thirty days after the day the notice is mailed, return receipt requested, ~~and the vehicle or~~ ~~object and its contents are not reclaimed,~~ the vehicle ~~or object and its contents are~~ is considered abandoned and may be sold by the magistrate pursuant to the procedures set forth in Section 29-15-10.

~~(E)~~(F) The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage After the vehicle is in the possession of the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the owner of the vehicle as demonstrated by providing a certificate of registration has one opportunity to remove from the vehicle any personal property not attached to the vehicle. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must release any personal property that does not belong to the owner of the vehicle to the owner of the personal property.

(G) When a law enforcement agency stores a vehicle at a law enforcement facility, the agency must follow the notification procedures contained in this section and submit vehicle information to a magistrate in the county where the vehicle is stored to provide for the sale of the vehicle at public auction. A law enforcement agency is exempt from paying filing fees in any matter related to the towing and storing of a vehicle."

SECTION 5. Section 56-5-5640 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the proprietor, owner, or operator of the ~~storage place, or their designee,~~ towing company, storage facility, garage, or repair shop may have the abandoned vehicle sold at a public auction pursuant to the provisions of set forth in Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a magistrate's ~~bill~~ order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The ~~bill~~ order of sale given at the sale must be sufficient title ~~only~~ for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in this case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section ~~56-5-5630~~ 29-15-10 must be reimbursed up to the amount of the auction sale price from the sale proceeds ~~of the sale~~ of the vehicle. Any remainder ~~from~~ of the sale proceeds ~~of the sale~~ must be held for the owner of the vehicle or entitled lienholder for ninety days. The ~~proprietor, owner, or operator of the storage place, or their designee,~~ magistrate ~~shall~~ must notify the owner and all lienholders by certified or registered ~~United States~~ mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected ~~after~~ within ninety days from the ~~date~~ day after the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."

SECTION 6. Section 56-5-5660 of the 1976 Code is amended to read:

"Section 56-5-5660. ~~(a)~~(A) Any person or unit of government upon whose property or in whose possession is found ~~any~~ an abandoned ~~motor~~ vehicle, or any person ~~being~~ who is the owner of a vehicle whose title certificate is faulty, lost, or destroyed, may apply to the sheriff or chief of police of the jurisdiction in which the vehicle is ~~situated~~ located for authority to sell~~, give away, or dispose of~~ or give the vehicle to a demolisher.

~~(b)~~(B) The application ~~shall set out~~ must give the name and address of the applicant, the year, make, model, and ~~serial~~ identification number of the vehicle, if ascertainable, ~~together~~ along with any other identifying features, and ~~shall~~ must contain a concise statement of the facts surrounding the abandonment, or that the title of the vehicle is lost or destroyed, or the reasons for the defect of title in the owner. The applicant ~~shall~~ must execute an affidavit stating that the facts alleged ~~therein~~ are true and that no material fact has been withheld.

~~(c)~~(C) If the sheriff or chief of police ~~finds~~ determines that the application is executed in proper form, and ~~shows~~ demonstrates that the vehicle has been abandoned upon the property of the applicant, the notification procedures set forth in Section 56-5-5630 ~~shall~~ must be followed. If the vehicle is not reclaimed in accordance with Section 56-5-5630, the sheriff or chief of police ~~shall~~ must follow the procedure set forth in Section ~~56-5-5660(d)~~ 56-5-5660(D) for issuance of disposal authority certificates.

~~(d)~~(D) If the application ~~shows~~ demonstrates that the vehicle is not abandoned but that the applicant appears to be the rightful owner, the sheriff or chief of police ~~shall~~ must give the applicant a certificate of authority to sell, or give ~~away or dispose of~~ the vehicle to any demolisher for demolition, wrecking, or dismantling. A disposal authority certificate may contain multiple listings. The demolisher ~~shall~~ must accept such certificate in lieu of the certificate of title to the vehicle.

~~(e)~~(E) Notwithstanding any other provisions of law, any person or unit of government upon whose property or in whose possession is found ~~any~~ an abandoned ~~motor~~ vehicle, or any person ~~being~~ who is the owner of a vehicle whose title certificate is faulty, lost, or destroyed, may dispose of such vehicle to a demolisher without the title and without the notification procedures of Section 56-5-5630 if:

(1) the vehicle is over eight years old,

(2) the vehicle does not have a valid registration plate affixed to ~~the vehicle~~ it, and

(3) the vehicle has no engine or is otherwise totally inoperable."

SECTION 7. Section 56-5-5670 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-5-5670. ~~(a)~~(A) ~~Any~~ A demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or ~~demolition~~ demolishing ~~shall not be~~ is not required to obtain a certificate of title for ~~such~~ the vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a ~~motor~~ vehicle, the demolisher ~~shall~~ must surrender for cancellation the certificate of title, or auction sales receipt, or disposal authority certificate. The department ~~shall~~ must issue ~~such~~ forms, rules, and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as ~~are~~ appropriate.

~~(b)~~(B) A demolisher ~~shall~~ must keep an accurate and complete record of all abandoned ~~motor~~ vehicles purchased or received by him in the course of his business. These records ~~shall~~ must contain the name and address of the person from whom each vehicle was purchased or received, ~~and~~ the date when ~~such~~ the purchases or receipts occurred, and the year, make, model, and identification number of the vehicle, if ascertainable, along with any other identifying features. The records ~~shall be~~ are open for inspection by any police officer at any time during normal business hours. Any record required by this section ~~shall~~ must be kept by the demolisher for at least one year after the transaction to which it applies."

SECTION 8. Section 56-5-5850 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-5-5850. ~~(a)~~(A) When any vehicle is left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, an officer may place a colored tag on the vehicle which ~~shall be~~ is notice to the owner, the person in possession of the vehicle, or any lienholder that it may be considered to be derelict or abandoned and is subject to forfeiture to the State.

~~(b)~~ ~~The colored tag shall serve as the only legal notice that, if the vehicle is not removed within:~~

~~(1)~~ ~~forty-eight hours if located on a highway, or~~

~~(2)~~ seven days if located on other public or private property from the date of the tag, it will be removed to a designated place to be sold. After the vehicle is removed, the political subdivision employing the officer who affixed the colored tag shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the vehicle was last registered and any lienholder of record. Notification shall include that the vehicle is being held, designating the place where it is being held, and that if it is not redeemed within thirty days from the date of the notice by paying all cost of removal and storage, it shall be sold for recycling purposes or for such other purposes as the political subdivision deems advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall be deposited in the general fund of the political subdivision.

(B) The colored tag serves as the only legal notice that the vehicle will be moved to a designated place to be sold if the vehicle is not removed by the owner or person in control of the vehicle. The vehicle must be removed within the following times from the date the tag is placed on the vehicle:

(1) forty-eight hours if it is located on a highway, or

(2) seven days if it is located on other public or private property.

Abandoned or derelict vehicles must be disposed of pursuant to Sections 29-15-10 and 56-5-5635.

~~(c)~~ If the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lienholders, notice by one publication in a newspaper of general circulation in the area where the vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of vehicles. Twenty days after date of publication an advertised vehicle may be sold.

~~(d)~~ Any notice sent by mail or any newspaper notice published under the provisions of this section shall contain the following if it is obtainable: the year, make, model, and serial number of the motor vehicle. It shall also set forth where the vehicle is being held; inform the owner and any lienholders of the right to reclaim the vehicle within thirty days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; include the date, time, and place of the proposed sale; the name, address, and telephone number of the person responsible for the sale; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle.

~~(e)~~ The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."

SECTION 9. Section 56-19-840 of the 1976 Code is amended to read:

"Section 56-19-840. ~~An operator of a place of business for garaging, repairing, parking or storing vehicles for the public~~ A proprietor, an owner, or an operator of any towing company, storage facility, garage, or repair shop or any person who repairs or furnishes any material for the repair of a vehicle, ~~in which~~ where a vehicle remains unclaimed for a period of thirty days ~~shall~~ must, within five days after the expiration of ~~that~~ the thirty-day period, report the vehicle as unclaimed to the ~~Department~~ department. ~~Such~~ The report ~~shall~~ must be on a form prescribed by the ~~Department~~ department. The form may be submitted before the thirty-day period expires.

~~A vehicle left by its owner whose name and address are known to the operator or his employee is not considered "unclaimed."~~ A vehicle is considered 'unclaimed' when the owner of the vehicle has not reclaimed it within thirty days after notification pursuant to Sections 29-15-10 and 56-5-5630. A person who fails to report a vehicle as unclaimed in accordance with this section forfeits all claims, ~~and~~ liens, ~~for its garaging, parking, or storing~~ or costs associated with the towing and storage."

SECTION 10. Section 16-11-760 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 16-11-760. (A) It is unlawful for a person to park a ~~motor-driven or other~~ vehicle, as defined in Section 56-5-5630, on the private property of another without the owner's consent,. if If the property is for commercial use, the owner ~~shall~~ must post a notice in a conspicuous place on the borders of the property near each entrance prohibiting ~~this~~ parking. Proof of the posting is ~~deemed and~~ ~~taken as~~ considered notice conclusive against the person making entry.

(B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.

(C) If the vehicle is not claimed by the owner, lienholder, or ~~their~~ his agent, ~~as provided by Section 56-5-5635(D),~~ the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.

(D) A person violating the provisions of ~~this section~~ subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars ~~and not exceeding~~ nor more than one hundred dollars or imprisoned for not ~~exceeding~~ more than thirty days. This punishment is in addition to the other remedies ~~which are~~ authorized in this section."

SECTION 11. Section 29-15-10 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 29-15-10. (A) ~~It is lawful for any~~ A proprietor, an owner, or an operator of any towing company, storage ~~place~~ facility, garage, or repair shop ~~of whatever kind or repairman who makes repairs upon any article under contract~~ or any person who repairs or furnishes any material for ~~the~~ repairs to an article may sell the ~~property as provided in this section.~~ article at public auction to the highest bidder if:

(1) ~~When property~~ the article has been left at ~~his~~ the shop for repairs or storage, and ~~after the completion of these~~ the repairs have been completed or the ~~expiration of the~~ storage contract has expired,; ~~and~~

(2) the article has been continuously retained in his possession,; ~~the property may be sold at public auction to the highest bidder~~; and

(3) ~~upon the expiration of~~ thirty days ~~after~~ have passed since written notice ~~has been~~ was given to the owner of the ~~property~~ article and to any lienholder ~~with a perfected security interest in the property~~ that the repairs have been completed or the storage ~~charges are due~~ contract has expired.

The ~~property~~ article must be sold by a magistrate of the county in which the ~~work was~~ repairs were done or the ~~vehicle or thing~~ article was stored.

(B) Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale article. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities. If the notice is not mailed within this period, storage costs after the five-day period must not be charged until the notice is mailed.

(C) Before the article is sold, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article must apply to the appropriate titling facility, including, but not limited to, the Department of Motor Vehicles or the Department of Natural Resources for the name and address of any owner or lienholder. For non-titled articles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the article has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the article is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article may apply to the sheriff or chief of police in the jurisdiction where the article is stored to determine the state where the article is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the article's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs the name of the state in which the article is titled.

(D) The magistrate, before selling the ~~property~~ article, shall ensure that the owner or any lienholder of record has been notified of the pending sale,. ~~and the~~ The magistrate ~~shall~~ must advertise the ~~property~~ article for at least fifteen days by posting a notice in three public places in his township. ~~He shall, after deducting all proper costs and commissions,~~ The magistrate must pay to the ~~claimant~~ proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article the money due, ~~to him, taking his~~ receiving a receipt ~~for it,~~ in return. Any remainder of the sale proceeds must be held by the magistrate for the owner of the vehicle or entitled lienholder for ninety days. The magistrate must notify the owner and all lienholders by certified or registered mail, return receipt requested, that the article owner or lienholder has ninety days to claim the proceeds from the sale of the article. If the article proceeds are not collected within ninety days from the day after the notice to the owner and all lienholders is mailed, then the article proceeds must be deposited in the general fund of the county or municipality. after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables. When the value of the property ~~repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon~~ the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last known address of the owner.

(E) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold.

(F) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop or any person who repairs or who furnishes material for repairs to the article must place a minimum bid of one dollar on the article being sold at public auction. If no higher bid is offered, the article must be awarded to the proprietor, owner, operator, or person who repairs or who furnishes material for repairs to the article at no cost.

(G) For purposes of this section, 'article' means a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing, storage, or repair and applies to any article in custody at the time of the enactment of this section. 'Article' includes:

(1) items that are towed and left in the possession of a towing, storage, garage, or repair facility;

(2) contents contained in the article; and

(3) personal property affixed to the article."

SECTION 12. This act takes effect upon approval by the Governor. /

Amend title to conform.

/s/Sen. Greg Gregory              /s/Rep. Leon Howard
/s/Sen. Brad Hutto                /s/Rep. Phil Sinclair
/s/Sen. Jake Knotts               /s/Rep. Alan Clemmons
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

H. 4649--Enrolled for Ratification by the Senate

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

H. 4740 (Word version) -- Reps. Miller, Hayes, J.E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.

With Senator LEVENTIS retaining the floor, Senator SETZLER asked unanimous consent to make a motion to take up H. 4740 for immediate consideration.

Senator McCONNELL objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

CONCURRENCE

With Senator LEVENTIS retaining the floor, Senator HAYES asked unanimous consent to make a motion to take up H. 4740 for immediate consideration.

There was no objection.

The House returned the Bill with amendments.

Senator HAYES explained the amendments.

On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 16 (Word version) -- Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED; TO AUTHORIZE THE GOVERNOR TO DECLARE DECEMBER 23, 2004, AS A CHRISTMAS EVE HOLIDAY FOR STATE EMPLOYEES AND TO PROVIDE FOR WHEN THE 2005 NEW YEAR'S DAY STATE HOLIDAY SHALL BE OBSERVED; AND TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO INCREASE THE NUMBER OF SICK LEAVE DAYS EMPLOYEES MAY USE TO CARE FOR ILL MEMBERS OF THEIR IMMEDIATE FAMILY, TO FURTHER PROVIDE WHEN ADMINISTRATIVE LEAVE SHALL BE USED FOR EMPLOYEES WHO ARE PHYSICALLY ATTACKED WHILE IN PERFORMANCE OF OFFICIAL DUTIES, AND TO MAKE TECHNICAL REVISIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 131 (Word version) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES AND TO PROVIDE AN EXCEPTION TO THIS GENERAL ELIGIBILITY FOR IN-STATE TUITION FOR MILITARY PERSONNEL AND THEIR DEPENDENTS, TO AMEND THE 1976 CODE BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, TO PROVIDE THAT THIS COMMISSION SHALL ACT TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSIST DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, AND BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE, AND TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2004, BY AMENDING SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 548 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE THE SOUTH CAROLINA LAW ENFORCEMENT ACCREDITATION COUNCIL.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 687 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, AND REVISING LICENSURE RENEWAL PROCEDURES; AND TO AMEND SECTION 40-59-220, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION REQUIREMENTS FOR RESIDENTIAL BUILDERS, INCLUDING THE REQUIREMENT TO EXECUTE A SURETY BOND OR DEMONSTRATE OTHER FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE THAT SUCH FINANCIAL RESPONSIBILITY MAY BE THAT WHICH IS ACCEPTABLE TO THE COMMISSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH RIVER BASINS ADVISORY COMMISSIONS FOR` THE CATAWBA/WATEREE AND YADKIN/PEE DEE RIVER BASINS, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 848 (Word version) -- Senators Verdin and Knotts: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "AUTHORIZED EMERGENCY VEHICLE"; TO PROVIDE THAT ONLY CERTAIN VEHICLES MAY USE OR DISPLAY ANY BLUE LIGHTS OR RED LIGHTS OR DISPLAY THE WORD "POLICE", AND TO DEFINE THE TERM "DISPLAY".
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT, BY ADDING SECTION 12-28-1400, SO AS TO REQUIRE SUCH REPORTING AS THE DEPARTMENT OF REVENUE MAY REQUIRE BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO REPLACE THE LIMITATION TO DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REPLACE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR, BY ADDING SECTION 12-21-1085, SO AS TO PROVIDE THOSE TAXES ALLOWED ON BEER AND WINE, BY ADDING 61-6-1555, SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY, TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB", TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED, TO AMEND TITLE 12 BY ADDING CHAPTER 55 ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION, TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC, BY ADDING SECTION 12-37-223 SO AS TO EXEMPT FROM PROPERTY TAX A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF REAL PROPERTY TO LIMIT TO TWENTY PERCENT INCREASES IN FAIR MARKET VALUE OF SUCH PROPERTY ATTRIBUTABLE TO REASSESSMENT PROGRAMS AND PROVIDE THE MANNER IN WHICH THIS EXEMPTION APPLIES AND ITS DURATION, TO REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF REASSESSMENT, BY ADDING SECTION 12-37-130, SO AS TO ESTABLISH A TASK FORCE TO STUDY THE IMPACT OF THIS NEW EXEMPTION ON HOMEOWNERS AND THE REAL ESTATE INDUSTRY, AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO LIMITS ON PROPERTY TAX MILLAGE INCREASES, SO AS TO CLARIFY THE CALCULATION OF THE INCREASED MILLAGE ALLOWED PURSUANT TO INCREASES IN THE CONSUMER PRICE INDEX.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3734 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 48-20-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE RETAINED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS MINING AND RECLAMATION PROGRAM AND USED SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE, AND TO AMEND SECTION 44-56-170, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE TEN-DOLLAR-A-TON INCINERATION FEE ON HAZARDOUS WASTE MUST BE BASED ON THE AMOUNT OF HAZARDOUS WASTE COLLECTED BY THE FACILITY AND DOES NOT INCLUDE NONHAZARDOUS MATERIAL ADDED AT THE INCINERATION FACILITY FOR FUEL BLENDING.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3778 (Word version) -- Reps. Herbkersman, Bailey, Bowers, Ceips, Clark, Clemmons, Duncan, Gilham, Haskins, J. Hines, Hinson, Hosey, Littlejohn, Lloyd, Lourie, Mahaffey, Merrill, Miller, Moody-Lawrence, J.H. Neal, Pinson, E.H. Pitts, Richardson, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Snow, Toole, Umphlett, Vaughn, Viers, White and Whitmire: A BILL TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO ALLOW THE DRIVER TO TEMPORARILY LEAVE THE SCENE OF THE ACCIDENT TO REPORT IT TO THE PROPER AUTHORITIES, TO PROVIDE THAT CERTAIN PERSONS MAY MOVE OR HAVE REMOVED FROM THE TRAVELED WAY ALL DISABLED VEHICLES, VEHICLES INVOLVED IN AN ACCIDENT, AND DEBRIS CAUSED BY A VEHICLE TRAFFIC COLLISION UNDER CERTAIN CIRCUMSTANCES WITHOUT INCURRING LIABILITY FOR DAMAGES TO A VEHICLE THAT RESULTS FROM ITS REMOVAL UNLESS THE REMOVAL WAS DONE IN A RECKLESS OR GROSSLY NEGLIGENT MANNER, TO ASSIGN THE REASONABLE COSTS OF REMOVAL TO CERTAIN PARTIES, AND TO PROVIDE THAT RECOVERY FROM AN AT FAULT PARTY IS NOT BARRED WHEN AN ACCIDENT IS CAUSED BY THE ACTIONS OF THAT PARTY; TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT THAT RESULTS IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE TERM "COLLISION", TO PROVIDE THAT THE DRIVER MAY TEMPORARILY LEAVE THE ACCIDENT SCENE TO REPORT THE ACCIDENT TO THE PROPER AUTHORITIES, TO DELETE THE PROVISION THAT REQUIRES THAT THE DRIVER MUST STOP THE VEHICLE WITHOUT OBSTRUCTING TRAFFIC, TO PROVIDE A PROCEDURE FOR A DRIVER TO FOLLOW WHEN MOVING A DISABLED VEHICLE OR A VEHICLE INVOLVED IN AN ACCIDENT RESULTING ONLY IN DAMAGE TO A VEHICLE FROM A ROADWAY, AND TO PROVIDE THAT THE DRIVER OR ANY OTHER PERSON WHO MOVES THE VEHICLE IS NOT LIABLE OR AT FAULT REGARDING THE CAUSE OF THE ACCIDENT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT SIGNS MAY BE ERECTED ALONG HIGHWAYS AND STREETS THAT INSTRUCT THE PUBLIC THAT DRIVERS OF CERTAIN VEHICLES SHALL MAKE A REASONABLE EFFORT TO MOVE THE VEHICLES OFF A ROADWAY; TO AMEND SECTION 56-5-4100, RELATING TO THE SPILLAGE OF LOADS ALONG HIGHWAYS, SO AS TO REVISE THE TYPE OF MATTERS THAT MAY BE SPILLED FROM A VEHICLE THAT ARE COVERED BY THIS PROVISION, TO PROVIDE THAT AN OPERATOR OF A VEHICLE THAT SPILLS CERTAIN MATTER ALONG A HIGHWAY MUST MAKE EVERY REASONABLE EFFORT TO REMOVE THE MATTER FROM THE HIGHWAY, TO PROVIDE THAT CERTAIN AGENCIES MAY REMOVE THE MATTER FROM A HIGHWAY IF THE VEHICLE OPERATOR DOES NOT REMOVE THE MATTER WITHOUT INCURRING LIABILITY FOR DAMAGES TO THE MATTER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE STATE AND ITS POLITICAL SUBDIVISIONS ARE NOT LIABLE FOR ANY DAMAGES OR CLAIMS OF DAMAGES THAT MAY RESULT FROM THE FAILURE TO EXERCISE ANY AUTHORITY PROVIDED IN THIS PROVISION, AND TO PROVIDE THAT CERTAIN INDIVIDUALS SHALL BEAR THE COSTS OF THE REMOVAL, STORAGE, AND DISPOSITION OF ANY MATTER COVERED BY THIS PROVISION; BY ADDING SECTION 56-5-1536 SO AS TO DEFINE, PROVIDE FOR THE REGULATION OF TRAFFIC THROUGH, AND PENALTIES FOR VIOLATING PROVISIONS THAT REGULATE TEMPORARY WORK ZONES; AND TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY'S MOTOR VEHICLES OR MOTORCYCLES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES, AND TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION".
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO REVISE THE SENTENCE THAT MAY BE IMPOSED PURSUANT TO THIS PROVISION, TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY, HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY INSTEAD OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED INSTEAD OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED INSTEAD OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A DEPARTMENT OF NATURAL RESOURCES SUMMONS FOR CERTAIN LITTERING VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4968 (Word version) -- Reps. Limehouse, Harrell, J.E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J.H. Neal, Parks and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A COMPANY THAT PRODUCES A MOTION PICTURE PROJECT OR IN A COMPANY THAT CONSTRUCTS, CONVERTS, AND EQUIPS A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE" AND TO FURTHER DEFINE THE COMMISSION'S OBJECTIVES; AND TO REPEAL SECTION 12-6-3510, RELATING TO CREDITS AGAINST THE STATE'S INCOME TAX FOR INVESTMENTS IN QUALIFYING MOTION PICTURE PROJECTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 5002 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-43-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A PRODUCER'S LICENSE, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO WAIVE THE EXAM BY EXPANDING THE EXEMPTION TO INCLUDE THOSE WHO HAVE A BACHELOR'S DEGREE IN INSURANCE IF APPLYING FIVE YEARS WITHIN AN APPLICATION FOR LICENSURE AND EXPANDS THE EXEMPTION IF THE APPLICANT HAS CERTAIN DESIGNATIONS FOR BOTH PROPERTY AND CASUALTY AND LIFE INSURANCE, TO OFFER LICENSE EXAMS ELECTRONICALLY AS WELL AS WRITTEN, AND TO AUTHORIZE THE DEPARTMENT TO PURSUE ACTION AGAINST AN APPLICANT OR INSURER'S REPRESENTATIVE FOR FALSE INFORMATION PROVIDED ON AN APPLICATION; TO AMEND SECTION 38-43-101, RELATING TO LICENSING AN INSURANCE PRODUCER WHO WAS PREVIOUSLY LICENSED FOR THE SAME LINES OF INSURANCE IN ANOTHER STATE, SO AS TO AUTHORIZE THE DEPARTMENT TO PURSUE ACTION AGAINST AN APPLICANT OR INSURER'S REPRESENTATIVE FOR PROVIDING FALSE INFORMATION ON AN APPLICATION; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATIONAL REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS, SO AS TO STRENGTHEN THE EDUCATIONAL REQUIREMENTS AND DELETE THE REQUIREMENT THAT A COURSE EXAMINATION BE MONITORED BY A PROCTOR; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS OF AN APPLICANT OR PRODUCER LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE OR LIFE, ACCIDENT, AND HEALTH INSURANCE, SO AS TO ALLOW THE DEPARTMENT TO BE RECIPROCAL WITH OTHER STATES WITH REGARD TO CONTINUING EDUCATIONAL REQUIREMENTS AND AUTHORIZE THE DIRECTOR TO APPOINT AS MANY REPRESENTATIVES AS NECESSARY TO PERFORM THE RESPONSIBILITIES OF THE ADVISORY BOARD; TO AMEND SECTION 38-43-107, AS AMENDED, RELATING TO THE ADDRESS SUPPLIED BY AN INSURANCE PRODUCER WHEN APPLYING FOR A LICENSE, SO AS TO REQUIRE THE BUSINESS, MAILING, AND RESIDENCE ADDRESSES; TO AMEND SECTION 38-43-200, AS AMENDED, RELATING TO THE PROHIBITION ON SPLITTING COMMISSIONS WITH AN UNLICENSED PERSON BY A LICENSED PRODUCER, SO AS TO DELETE A PROVISION WHICH ALLOWS FEE SPLITTING; TO AMEND SECTION 38-44-20, RELATING TO DEFINITIONS USED IN THE MANAGING GENERAL AGENTS ACT, SO AS TO CLARIFY THE DEFINITION OF A "MANAGING GENERAL AGENT"; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE AGENT, SO AS TO CLARIFY WHAT CONSTITUTES THE LIFE SPAN OF A CERTIFICATE OF COURSE COMPLETION WITH RESPECT TO A BROKER LICENSE; TO AMEND SECTION 38-77-155, RELATING TO THE DISTRIBUTION OF MONIES FROM THE UNINSURED MOTORIST'S FUND BY THE DIRECTOR OF INSURANCE, SO AS TO ALLOW THE DIRECTOR TO DISTRIBUTE MONIES BASED ON DATA FROM THE INSURER'S ANNUAL STATEMENT INFORMATION FILED WITH THE DEPARTMENT; BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO EXPAND THE DEFINITION OF "ASSOCIATION" TO INCLUDE POLITICAL SUBDIVISIONS, TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; BY ADDING CHAPTER 90 TO TITLE 38 SO AS TO PROVIDE FOR THE CREATION OF A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC) EXCLUSIVELY TO FACILITATE THE SECURITIZATION OF ONE OR MORE RISKS, AS A MEANS OF ACCESSING SOURCES OF CAPITAL AND ACHIEVING THE BENEFITS OF SECURITIZATION, TO PROVIDE FOR DEFINITIONS, TO PROVIDE THAT NO PROVISION OF THE CODE, OTHER THAN THOSE SPECIFICALLY REFERENCED IN THIS ARTICLE APPLIES TO A SPFC AND AUTHORIZES THE DIRECTOR TO EXEMPT A CERTAIN SPFC THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED, TO REQUIRE CERTAIN INFORMATION BE FURNISHED THE DIRECTOR WHEN A SPFC APPLIES FOR A LICENSE, TO REQUIRE SPECIFIC LICENSING REQUIREMENTS, TO ESTABLISH CERTAIN INCORPORATION REQUIREMENTS OF A SPFC, TO ESTABLISH CERTAIN MINIMUM CAPITALIZATION REQUIREMENTS, TO PROVIDE THAT A SPFC MAY ISSUE ONLY THE RISKS OF A COUNTERPARTY, AUTHORIZES A SPFC TO CEDE RISKS OF A COUNTERPARTY TO A THIRD PARTY WITH THE APPROVAL OF THE DIRECTOR, TO AUTHORIZE A SPFC TO ENTER INTO CONTRACTS NECESSARY TO FULFILL THE PURPOSES OF A SPFC CONTRACT INSURANCE SECURITIZATION AND THIS ARTICLE, TO AUTHORIZE A SPFC TO DISCOUNT RESERVES AS APPROVED BY THE DIRECTOR AND REQUIRE THE SPFC TO FILE AN ANNUAL ACTUARIAL REPORT, TO AUTHORIZE A SPFC TO ESTABLISH AND MAINTAIN ONE OR MORE PROTECTED CELLS TO INSURE OR REINSURE RISKS OF ONE OR MORE SPFC CONTRACTS WITH A COUNTERPARTY UNDER CERTAIN CONDITIONS, TO AUTHORIZE A SPFC TO ISSUE SECURITIES, INCLUDING CERTAIN NOTES, AND TO MAKE PAYMENTS ON THE SECURITIES SUBJECT TO THE PRIOR APPROVAL OF THE DIRECTOR, TO AUTHORIZE A SPFC TO ENTER INTO SWAP AND ASSET MANAGEMENT AGREEMENTS, TO AUTHORIZE SPFC, SUBJECT TO CERTAIN RESTRICTIONS, TO ENTER INTO BOTH SPFC CONTRACTS AND ANCILLARY AGREEMENTS, ESTABLISHES REQUIREMENTS THAT MUST BE MET BY A SPFC IN FULFILLING ITS OBLIGATIONS UNDER THE SPFC CONTRACT, TO ESTABLISH CERTAIN SPECIFIC REQUIREMENTS OF TRUSTS AND TRUST ASSETS OF A SPFC, TO RESTRICT THE PAYMENT OF DIVIDENDS BY A SPFC TO ONLY THOSE WITHIN THE TERMS OF THE SECURITIZATION TRANSACTION AGREEMENTS, TO ESTABLISH REPORTING REQUIREMENTS OF SPFC, INCLUDING A MATERIAL CHANGE IN THE BUSINESS PLAN TO THE DIRECTOR, TO REQUIRE THAT A SPFC FILE A CPA AUDITED FINANCIAL STATEMENT, TO REQUIRE THE DIRECTOR TO EXAMINE THE SPFC AT LEAST ONCE EVERY THREE YEARS AND PROVIDE A PROCEDURE FOR THE THREE-YEAR PERIOD TO BE EXPANDED TO FIVE YEARS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE AUTHORITY OF A SPFC EXPIRES AT THE TERMINATION OR CANCELLATION OF A SPFC CONTRACT, TO PROVIDE THE DIRECTOR MAY SUSPEND OR REVOKE A LICENSE FOR CERTAIN REASONS, TO PROVIDE FOR THE PAYMENT OF CERTAIN PREMIUM TAXES BY A SPFC, TO PROVIDE THAT A SPFC BE GRANTED CREDIT FOR REINSURANCE TO THE EXTENT OF FAIR MARKET VALUE OF ASSETS HELD IN TRUST OR OTHERWISE PROPERLY SECURED, TO PROVIDE FOR THE GROUNDS UNDER WHICH THE DIRECTOR MAY APPLY FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A DOMESTIC SPFC, INCLUDING EMBEZZLEMENT OR IF THE SPFC IS INSOLVENT, TO PROVIDE THAT, GENERALLY, INFORMATION SUBMITTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE IS CONFIDENTIAL AND TO PROVIDE EXCEPTIONS, TO PROVIDE FOR THE GOVERNANCE OF APPLICABLE CIVIL LAW WHEN A CONTESTED CASE BASED ON A DECISION OF THE DIRECTOR BROUGHT BY A THIRD PARTY, TO PROVIDE THAT THE DIRECTOR MAY PROMULGATE REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE, AND TO PROVIDE THAT NOTHING IN ARTICLE 3, CHAPTER 90, TITLE 38 WITH RESPECT TO A SPFC SHALL ABROGATE, LIMIT, OR RESCIND THE AUTHORITY OF THE ATTORNEY GENERAL PURSUANT TO THE PROVISIONS OF TITLE 35; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY; AND TO AMEND SECTIONS 61-4-720 AND 61-4-730, BOTH AS AMENDED, RELATING TO TASTING AND SALES OF WINE BY A WINERY LICENSED IN THIS STATE, SO AS TO FURTHER DEFINE "WINE" FOR PURPOSES OF THESE SECTIONS TO INCLUDE WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT AND BERRIES WHICH ARE GROWN IN THIS STATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Received as information.

Message from the House

Columbia, S.C., June 3, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 5358 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO REVISE THE APPOINTMENT OF THE SEVEN MEMBERS OF THE BOARD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator RICHARDSON asked unanimous consent to make a motion that Rule 15A providing for a requisite number of 28 votes for passage be amended to two-thirds of those present and voting, excluding those voting to abstain.

Senator FORD objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Objection

With Senator LEVENTIS retaining the floor, Senator BRANTON asked unanimous consent to make a motion that the members of the Senate decline their salary and per diem for the day.

Senator J. VERNE SMITH objected.

Senator LEVENTIS continued arguing contra to the confirmation of Mr. Gregory.

Confirmation proceedings were interrupted by adjournment.

Committee to Inform the House

The PRESIDENT appointed Senators RAVENEL and WALDREP to a committee to inform the House of Representatives that the Senate had completed its business and was ready to adjourn Sine Die.

Committee to Inform the Governor

The PRESIDENT appointed Senators GIESE and KNOTTS to a committee to inform the Governor that the Senate had completed its business and was ready to adjourn Sine Die.

Committee from the House

Representatives Lourie and Richardson appeared in the Chamber to inform the Senate that the House of Representatives had completed its business and was ready to adjourn Sine Die.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Abbeville County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Abbeville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Susan G. Cothran, 438 Highway 20, Abbeville, S.C. 29620 VICE Clinton J. Hall II

Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 2003, and to expire June 30, 2007

Horry County Council

Martina L. Hardwick, 714 Cedar Dr. North, Surfside Beach, S.C. 29575

Having received a favorable report from the Orangeburg County Delegation, the following appointments were confirmed in open session: