Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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 how it all began, the beginning, recorded in Genesis, Chapter 3:8-10, remembering that the Hebrew language is a picture language:

"Then the eyes of both of them were opened, and they sewed fig leaves together and made themselves coverings. And they heard the sound of the Lord God walking in the cool of the day...

Then the Lord God called to Adam and said to him, "Adam, WHERE ARE YOU?"

Let us pray.

Father, we know that in - through - and under these ancient words there are meanings and interpretations for the Holy Spirit to speak to our modern world.

Father, show us the light that we and our world may know our nakedness and hear You say, "Children, where are you? "
Amen!

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

At 11:04 A.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Sheheen
Short                     Smith, J. Verne           Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

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

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

Glen Kennedy, 400 Lexington Avenue, Kingstree, S.C. 29556

Senator WILLIAMS introduced Dr. John Nobles of Bennettsville, S.C., Doctor of the Day.

S. 573 (Word version) -- Senators McConnell, Verdin, Rankin and Courson: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; AND TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE.

On motion of Senator ELLIOTT, with unanimous consent, the names of Senators ELLIOTT and FORD were added as co-sponsors of S. 573.

S. 721 (Word version) -- Senators McConnell, Knotts, Martin, Verdin, Land, Hutto, O'Dell and Fair: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT AND RETIREMENT ALLOWANCES FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW A SOLICITOR ELIGIBLE TO RETIRE WITH THE MAXIMUM RETIREMENT ALLOWANCE EQUAL TO NINETY PERCENT OF THE CURRENT SALARY OF A SOLICITOR TO RETIRE AND RECEIVE THIS RETIREMENT ALLOWANCE WHILE CONTINUING TO SERVE AS SOLICITOR, TO PROVIDE THAT A RETIRED SOLICITOR CONTINUING TO SERVE PAYS NO EMPLOYEE CONTRIBUTIONS, AND TO PROVIDE THAT EMPLOYER CONTRIBUTIONS MUST BE PAID AS IF THAT SOLICITOR WERE AN ACTIVE CONTRIBUTING MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS.

On motion of Senator BRYANT, with unanimous consent, the name of Senator BRYANT was added as a co-sponsor of S. 721.

The following were introduced:

S. 751 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 752 (Word version) -- Senator Cromer: A BILL TO AMEND ARTICLE 1, CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING GENERALLY, BY ADDING SECTION 59-101-450, SO AS TO PREVENT PUBLIC INSTITUTIONS OF HIGHER LEARNING FROM USING THE SOCIAL SECURITY NUMBER OF A STUDENT AS THE INDIVIDUAL IDENTIFICATION NUMBER OF THE STUDENT.
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Read the first time and referred to the Committee on Education.

S. 753 (Word version) -- Senators Campsen, J. Verne Smith, Ryberg, Peeler, Richardson, Courson, Grooms, Cromer, Verdin, Gregory, Cleary, O'Dell, McConnell, Fair, Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 3, TITLE 54 SO AS TO PROVIDE STATE PORTS AUTHORITY FACILITY STANDARDS FOR THE EMPLOYMENT OF PERSONS WHO WORK WITHIN PORT FACILITIES INCLUDING FINGERPRINT-BASED CRIMINAL HISTORY CHECKS; AND TO ADD SECTION 56-1-2165 SO AS TO REQUIRE A COMMERCIAL DRIVER'S LICENSE AFTER JANUARY 1, 2006, TO OPERATE A YARD HOSTLER AT A STATE PORTS AUTHORITY FACILITY.
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Read the first time and referred to the Committee on Transportation.

S. 754 (Word version) -- Senator Hutto: A SENATE RESOLUTION CONGRATULATING THE HUNTER-KINARD-TYLER BOYS "TROJANS" BASKETBALL TEAM ON WINNING THE 2005 CLASS A STATE CHAMPIONSHIP IN A VERY IMPRESSIVE FASHION, BREAKING THE SCORING RECORD IN A CHAMPIONSHIP GAME WITH ONE HUNDRED POINTS, AND HONORING THE PLAYERS, HEAD COACH ARIC SAMUELS, AND ASSISTANT COACH KEVIN WRIGHT ON THEIR IMPRESSIVE 23-4 SEASON.
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The Senate Resolution was adopted.

S. 755 (Word version) -- Senator Hutto: A SENATE RESOLUTION CONGRATULATING THE HUNTER-KINARD-TYLER "LADY TROJANS" BASKETBALL TEAM ON WINNING THE 2005 CLASS A STATE CHAMPIONSHIP, THE FIRST IN SCHOOL HISTORY, AND HONORING THE PLAYERS, COACH TONIA YOUNG, AND ASSISTANT COACH ELLA JONES ON THEIR IMPRESSIVE UNDEFEATED 25-0 SEASON.
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The Senate Resolution was adopted.

S. 756 (Word version) -- Senators J. Verne Smith, Williams, Thomas, Malloy, Short, Leventis, Verdin, Elliott, O'Dell, Lourie, Alexander, Pinckney, Hutto, Sheheen and Ford: A BILL TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR IN CHARGE OF THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING SURGERY, REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST A PATIENT IN CALLING THEIR ATTENDING PHYSICIANS, REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES WHEREBY PATIENTS CAN RECEIVE ASSISTANCE FOR RESOLUTION OF URGENT PATIENT CARE CONCERNS, AND TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE A CIVIL CAUSE OF ACTION.
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Read the first time and referred to the Committee on Medical Affairs.

S. 757 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO HONOR AND EXTEND SINCERE BEST WISHES TO MR. ROBERT E. "BOB" PREVATTE ON THE OCCASION OF HIS EIGHTIETH BIRTHDAY ON APRIL 14, 2005, AND WISH HIM CONTINUED GOOD HEALTH AND MUCH HAPPINESS.
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The Senate Resolution was adopted.

S. 758 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF WILLIE CHARLES SHEALEY OF GRANITEVILLE WHO DIED AS A RESULT OF THE TERRIBLE FREIGHT TRAIN ACCIDENT ON JANUARY 6, 2005, IN GRANITEVILLE WHICH SUBJECTED HUNDREDS OF PEOPLE TO DEADLY CHLORINE GAS.
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The Senate Resolution was adopted.

S. 759 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO COMMEND MS. JULIA MAE FELDER OF HOPKINS FOR HER DEVOTED SERVICE TO THE STATE OF SOUTH CAROLINA UPON HER RETIREMENT.
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The Senate Resolution was adopted.

S. 760 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE BOY SCOUT BRYSON MALONE SUMMERS OF WEST COLUMBIA ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT AWARD, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 761 (Word version) -- Senator Hutto: A BILL TO AMEND SECTIONS 59-1-450, 59-1-452, 59-1-453, 59-6-10, 59-6-15, 59-6-16, 59-6-17, 59-6-20, 59-6-30, 59-6-100, 59-6-110, 59-18-120, 59-18-320, 59-18-340, 59-18-360, AS AMENDED, 59-18-500, 59-18-900, 59-18-920, 59-18-1110, 59-18-1510, 59-18-1530, 59-18-1540, 59-18-1560, 59-18-1580, AS AMENDED, 59-18-1595, 59-18-1700, 59-18-1930, 59-21-440, 59-21-600, 59-21-1210, 59-21-1220, 59-24-65, 59-24-100, 59-24-110, 59-26-20, AS AMENDED, 59-28-150, 59-28-190, 59-28-200, 59-28-210, 59-28-220, 59-29-170, 59-29-220, 59-40-70, 59-63-65, 59-139-10, 59-139-40, 59-139-50, 59-139-60, AND 59-150-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO CHANGE CERTAIN REFERENCES FROM THE EDUCATION OVERSIGHT COMMITTEE TO THE DEPARTMENT OF EDUCATION OR THE SUPERINTENDENT OF EDUCATION, AND TO DELETE CERTAIN REFERENCES TO THE EDUCATION OVERSIGHT COMMITTEE; AND TO REPEAL SECTIONS 59-18-910 AND 59-141-10 RELATING TO PROGRESS REPORTS AND FORMULATING AND IMPLEMENTING A PLAN TO ACCOMPLISH NATIONAL EDUCATION GOALS, THE DEADLINES FOR BOTH OF WHICH HAVE EXPIRED.
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Senator HUTTO spoke on the Bill.

Read the first time and referred to the Committee on Education.

S. 762 (Word version) -- Senators Alexander, Knotts, Hutto, Hayes and Short: A BILL TO AMEND SECTION 40-47-213 OF THE 1976 CODE, RELATING TO THE PROHIBITION OF THE DISCLOSURE OF CERTAIN INFORMATION RELATIVE TO STATE BOARD OF MEDICAL EXAMINERS PROCEEDINGS, TO ALLOW INFORMATION RELATED TO THE INITIAL COMPLAINANT TO BE DISCLOSED UNDER CERTAIN CIRCUMSTANCES, AND TO CREATE PROCEDURES RELATED TO PUBLIC ACCESS TO INFORMATION ARISING OUT OF A FORMAL COMPLAINT TO THE BOARD.
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Read the first time and referred to the Committee on Medical Affairs.

H. 3936 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION RECOGNIZING THE ACADEMIC PROWESS AND ENTREPRENEURIAL SPIRIT OF THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO RECEIVED STATEWIDE DECA AWARDS IN MARKETING COMPETITION IN CHARLESTON RECENTLY, AND WISHING THEM AND THEIR TEACHERS AND ADVISORS, CARL VADASZ AND APRIL BRAGG, WELL AS THEY COMPETE ON THE NATIONAL LEVEL APRIL 27-30, 2005, IN ANAHEIM, CALIFORNIA.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 523 (Word version) -- Senators Richardson, Thomas, Ryberg and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-130 SO AS TO PROVIDE THAT AN EMPLOYER WHO EMPLOYS AN ILLEGAL ALIEN FOR WORK IN THIS STATE IS SUBJECT TO AN ADMINISTRATIVE FINE AND LOSS OF LICENSING BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 580 (Word version) -- Senators Knotts, Grooms, Bryant, Reese, Ford, Verdin, Elliott, Short, Mescher, Patterson, Matthews, Land, Thomas, Rankin and Ryberg: A BILL TO AMEND SECTION 10-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESSIBILITY COMMITTEE FOR THE BUILDING CODES COUNCIL, SO AS TO CLARIFY THAT THE COMMITTEE SHALL ADVISE THE COUNCIL ON MATTERS OF ACCESSIBILITY TO BUILDINGS, STRUCTURES, AND FACILITIES BY PERSONS WITH DISABILITIES.

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Corrections and Penology submitted a favorable report on:

S. 610 (Word version) -- Senators Fair, Campsen, O'Dell, Scott, Bryant, Cleary, Rankin, Williams, Thomas, Hayes and Cromer: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES THAT INDICATE THAT A PERSON HAS COMPLETED SUCCESSFULLY CERTAIN LAW ENFORCEMENT TRAINING, SO AS TO DELETE THE PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS CLASS II-SCO (DEPARTMENT OF CORRECTIONS) IN ANY COUNTY WITH A PRISON SYSTEM THAT BORDERS ANOTHER STATE TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES, AND TO REPLACE IT WITH A PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS STATE OR LOCAL CORRECTIONAL OFFICERS TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 637 (Word version) -- Senators Jackson, Malloy, J. Verne Smith, Matthews, Reese, Short, McGill, Leventis, Williams, Patterson and Pinckney: A BILL TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM "STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF THESE ORGANIZATIONS THAT PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A LONG TERM BASIS; AND AMONG OTHER THINGS, TO REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE LICENSED AND TO PROVIDE A GRANDFATHER PROVISION FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO USE AN ASSURANCE ORGANIZATION TO CERTIFY THE QUALIFICATIONS OF A PROFESSIONAL EMPLOYER ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE INSURANCE.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 660 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR ARCHITECTS, SO AS TO DELETE PROVISIONS PROVIDING PARTIAL CREDIT TO APPLICANTS FOR THOSE EXAMINATION SUBJECT AREAS PASSED.

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Corrections and Penology submitted a favorable report on:

S. 719 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3682 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO ESTABLISH PROCEDURES TO IDENTIFY THE TRANSFER OF A BUSINESS, TO AMEND SECTION 41-35-120, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES, TO PROVIDE THE REQUIREMENTS FOR DRUG TESTING AND TO ALLOW INFORMATION RECEIVED BY AN EMPLOYER IN A DRUG-TESTING PROGRAM TO BE RECEIVED IN EVIDENCE IN A PROCEEDING DETERMINING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION, AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF A CONTRIBUTING EMPLOYER.

Ordered for consideration tomorrow.

S. 745 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF APRIL 10-16, 2005, AS "TELECOMMUNICATORS WEEK IN SOUTH CAROLINA" IN CONNECTION WITH NATIONAL TELECOMMUNICATORS WEEK.

Returned with concurrence.

Received as information.

S. 750 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION COMMENDING DR. JOHN L. CARSON FOR HIS EXEMPLARY SERVICE AS THE THIRTEENTH PRESIDENT OF ERSKINE COLLEGE AND SEMINARY DURING THE PAST SEVEN YEARS, AND WISHING HIM AND HIS FAMILY WELL AS HE LEAVES ERSKINE CONTINUING TO FOLLOW GOD'S CALLING.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 414 (Word version) -- Senators Moore and Setzler: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO REVISE ELIGIBILITY AND RETENTION REQUIREMENTS FOR THE SCHOLARSHIP BY INCLUDING A REQUIREMENT THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION, FOR PURPOSES OF LIFE SCHOLARSHIP ELIGIBILITY, MUST BE INCLUSIVE OF THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.

S. 738 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 746 (Word version) -- Senators Matthews and Hutto: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.

By prior motion of Senator MATTHEWS

S. 75 (Word version) -- Senators Knotts, Hutto, O'Dell, Alexander and Cromer: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.

S. 511 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE, IF REQUIRED BY THE PROPERTY BYLAWS, AND TO PROVIDE, FURTHER, FOR DISTRIBUTION OF INSURANCE PROCEEDS.

On motion of Senator RICHARDSON, with unanimous consent, S. 511 was ordered to receive a third reading on Friday, April 15, 2005.

S. 707 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-6-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELECTION OF MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE ELECTION OF THE COMMISSIONERS ELECTED BY THE GENERAL ASSEMBLY EVERY FOUR YEARS, BEGINNING FEBRUARY 1, 2006.

S. 749 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175, SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE DESCRIBING CERTAIN OFFENSES THAT THE CHILD IS A VICTIM OF OR WITNESS TO IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.

Senator HUTTO explained the Bill.

S. 108 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO CREATE A CAUSE OF ACTION FOR THEFT OF HEALTH CARE SERVICES WHEN A PERSON SECURES PERFORMANCE OF SUCH SERVICES, HAS RECEIVED INSURANCE PROCEEDS OR THIRD PARTY PAYMENT TO PAY FOR SUCH SERVICES, AND WITHIN NINETY DAYS OF RECEIVING PROPER NOTICE HAS NOT REMITTED THE PAYMENT TO THE HEALTH CARE PROVIDER; TO ESTABLISH NOTICE REQUIREMENTS, A SCHEDULE OF DAMAGES, INCLUDING ACTUAL DAMAGES AND A PERCENTAGE OF THE ACTUAL DAMAGES, AND DEFENSES TO THIS CAUSE OF ACTION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0108.005), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO CREATE A CAUSE OF ACTION FOR UNCOMPENSATED RECEIPT OF HEALTH CARE SERVICES WHEN A PERSON SECURES PERFORMANCE OF SUCH SERVICES, HAS RECEIVED INSURANCE PROCEEDS OR THIRD PARTY PAYMENT TO PAY FOR SUCH SERVICES, AND AFTER RECEIVING PROPER NOTICE HAS NOT REMITTED THE PAYMENT TO THE HEALTH CARE PROVIDER; TO ESTABLISH NOTICE REQUIREMENTS, A SCHEDULE OF DAMAGES, INCLUDING ACTUAL DAMAGES AND LIQUIDATED DAMAGES AS A PERCENTAGE OF THE ACTUAL DAMAGES, AND DEFENSES TO THIS CAUSE OF ACTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-45.   (A)   For purposes of this section:

(1)   'Reasonable charges' mean the usual and customary charges for the region as agreed upon between the health care services provider and the insurance company for the delivery of the health care services.

(2)   'Patient' means the person who received the services or who is the parent or guardian for the person who received the services.

(B)   Unless otherwise agreed to verbally or in writing, a patient engages in the uncompensated receipt of health care services if the patient willfully and knowingly:

(1)   secures performance of a health care service which is provided only for compensation;

(2)   has received insurance proceeds as determined by the agreement between the insurance company and the heath care service provider or has received payment for health care services from a third party directed in writing for the specific health care service; and

(3)   does not remit payment to the health care provider as provided in subsection (D).

(C)   If payment is not made more than ninety days after the health care services are provided, a notice separate from the regular billing notices must be sent by the health care provider to the address of record for the patient by registered or certified mail. Unless returned by the post office, this separate notice is considered to be received no later than ten days after mailing.

(D)   When a person fails to pay the reasonable charges within ninety days for health care services provided, or thirty days after a patient has received payment for the health care services from a third party through settlement, verdict, or other arrangements, a health care provider may bring an action against a patient for failure to pay the reasonable charges, and is allowed to allege liquidated damages as an additional remedy if the health care service provider can prove, by a preponderance of the evidence, that the patient received insurance proceeds or a third party payment in the amount of the reasonable charges for the health care services provided. The liquidated damages must be alleged in accordance with the following:

(1)   for a first occurrence by a patient, actual damages plus ten percent of actual damages;

(2)   for a second occurrence by the same patient, actual damages plus twenty percent of actual damages; or

(3)   for a third or subsequent occurrence by the same patient, actual damages plus thirty percent of actual damages.

(E)   A health care provider may request liquidated damages on the recovery of insurance proceeds or third party payment only for the amount of proceeds or payments made on the health care services provider's claim. If the proceeds or payments have been pro rated because the insurance proceeds or third party payments are less than the total value of the health care services provided, the health care provider, when alleging liquidated damages, must do so only on his pro rata share.

(F)   It is a defense to an action brought pursuant to this section that:

(1)   the patient secured the performance of the health care service by giving a postdated check to the health care service provider and the health care service provider performing the service or any other person presented the check for payment before the date on the check;

(2)   the health care services were not rendered in a competent manner by the health care service provider or the health care service provider's services failed to meet the accepted standard of care for similar health care service providers;

(3)   the health care services were covered under a health care insurance plan and payment owed by the health care insurance company has not yet been received by the health care provider or the patient for the services provided to the patient; or

(4)   the notices of payment due were not sent as provided by subsection (C).

(G)   A health care service provider who accepts a down payment for compensation in order to perform health care services for a patient and fails to perform the services is subject to a cause of action for reimbursement of the down payment made and is also subject to a claim for liquidated damages in accordance with the following:

(1)   for a first occurrence by the health care service provider, actual reimbursement plus ten percent of actual reimbursement;

(2)   for a second occurrence by the same health care service provider, actual reimbursement plus twenty percent of actual reimbursement; or

(3)   for a third or subsequent occurrence by the same health care service provider, actual reimbursement plus thirty percent of actual reimbursement.

(H)   Nothing in this section is construed to require any person to violate or fail to conform to the requirements of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and regulations adopted pursuant to that act."

SECTION   2.   This act takes effect upon approval by the Governor and applies to health care services rendered on and after the effective date of this act.     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 236 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD AND SUBMITTING A FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, OR USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0236.002), which was adopted:

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 2 in its entirety and inserting:

/   SECTION   2.   Section 56-1-515 of the 1976 Code is amended to read:

"Section 56-1-515.   (1)(A)   It is unlawful for any a person to produce a counterfeit motor vehicle driver's license or identification card, to alter a motor vehicle driver's license or identification card so as to provide false information on the license or card, or to sell or issue a fictitious motor vehicle driver's license or identification card.

(2)(B)   It is unlawful for a person to have in his possession a counterfeit motor vehicle driver's license or identification card.

(C)   It is unlawful for any a person to use a motor vehicle driver's license or identification card not issued to the person, an altered motor vehicle driver's license or identification card, an a motor vehicle driver's license or identification card containing false information, or an a motor vehicle driver's license or identification card not issued to the person to defraud another person or violate the law.

(3)(D)   Any A person violating the provisions of subsection (1)(A) is guilty of a misdemeanor, and, upon conviction, must be fined not more than two thousand five hundred dollars, or imprisoned for not more than six months, or both.

(4)(E)   Any A person violating the provisions of subsection (2) subsections (B) or (C) is guilty of a misdemeanor, and, upon conviction, must be fined not more than one hundred dollars, or imprisoned for not more than thirty days."   /

Renumber sections to conform.     Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 276 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN UNAUTHORIZED PERSON NOT ALLOWED WITHIN THE GUARD RAIL OF A VOTING BOOTH, SO AS TO AUTHORIZE A DEPENDENT CHILD OF A QUALIFIED ELECTOR TO ACCOMPANY THE QUALIFIED ELECTOR IN THE VOTING BOOTH WHILE HE IS CASTING HIS BALLOT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0276.002), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 1-4, and inserting:

/   (B)   Minor children of a qualified elector may accompany the qualified elector in the voting booth while he is casting his ballot. The qualified elector shall attest that the persons accompanying him are the minor children of the elector."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 506 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0506.003), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 28 through 39, in Section 4-11-65, as contained in SECTION 1, and inserting therein the following:

/   "Section 4-11-65.   (A)   When bonding of county officials or employees is statutorily required, the governing body of a county may purchase a fidelity bond to cover all or a portion of the county officials and employees. A fidelity bond may be used instead of specific statutory bond requirements including, but not limited to, those found in Sections 12-39-10, 12-45-10, 14-17-40, 14-17-60, 14-17-350, 14-23-1050, 17-5-20, 17-5-70, 22-1-150, 22-1-160, 23-11-30, and 23-13-20. Any officials or employees not covered by a fidelity bond must be bonded as required by statute.

(B)   The purchase of a fidelity bond as provided in subsection (A) or the replacement of an existing bond with a fidelity bond covering one or more county officials or employees must be evidenced by passage of a resolution by the county's governing body. A fidelity bond must meet or exceed the minimum value of the bond required by the statute or statutes for the covered officials or employees."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 557 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY PENAL SYSTEM, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS WORKING FOR THE MUNICIPALITY.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0557.003), which was adopted:

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

/   SECTION   1.   Section 42-1-500 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 42-1-500.   A county or municipality, by resolution of its governing body, may elect to cover prisoners in the custody of the county penal system or municipality with workers' compensation benefits in accordance with the provisions of Sections 42-1-480 and 42-1-490. As used in this section, prisoners in the custody of the county include prisoners in the custody of the county sheriff. The appropriate officials shall make arrangements and necessary adjustments in their contributions or premiums to the State Accident Fund or other insurers as the fund or insurers determine necessary to provide compensation for county or municipal prisoners in appropriate cases. The provisions of this section permit workers' compensation coverage only to county or municipal prisoners performing work assigned by penal officials of the county or municipality or engaged in a vocational training program and, further, apply to these prisoners regardless of the length of the sentence to be served.

For the purposes of this section, when a county or municipality elects to cover its prisoners with workers' compensation benefits, the coverage also includes: (a) those prisoners who have been sentenced to the Department of Corrections and who are assigned to a county or municipality, and (b) those prisoners who have been sentenced to the Department of Corrections and who are being used for public service work or related activities while being supervised by the county or municipality."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0384.002), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:

"Section 16-17-500.   (A)   It shall be is unlawful for any a person to sell, furnish, give, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore a tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall be punished as follows:

(1)   for a first offense by a fine not exceeding twenty-five dollars;

(2)   for a second offense, by a fine not exceeding fifty dollars; and

(3)   for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.

One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.

(B)   Tobacco products may be accessible only in vending machines located in an establishment:

(1)   which is open only to persons who are eighteen years of age or older; or

(2)   where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed. The owner, licensee, or employee must demand proof of age from a prospective purchaser if he has reasonable grounds to believe the prospective purchaser is less than eighteen years of age. Proof that an owner, licensee, or employee demanded, was shown, and reasonably relied upon an individual's proof of age is a defense to any action brought pursuant to this subsection. Vending machines which distribute tobacco products in establishments must meet the requirements of this subsection within one hundred twenty days after the effective date of this subsection or the machines must be removed.

(C)(1)   It is unlawful for an individual less than eighteen years of age to purchase, accept receipt of, or possess, or attempt to purchase, attempt to accept receipt of, or attempt to possess a tobacco product, or to present or offer to a person proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.

(2)   This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.

(D)(1)   An individual who intentionally or knowingly violates a provision contained in this section either in person, by agent, or in any other way, is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a)   for a first offense, by a fine not less than fifty dollars nor more than one hundred dollars;

(b)   for a second offense, which occurs within three years of the first offense, by a fine not less than one hundred dollars nor more than two hundred dollars;

(c)   for a third or subsequent violation, which occurs within three years of the first offense, by a fine not less than two hundred dollars nor more than three hundred dollars.

(2)   The fine must be paid to the municipal clerk of court or magistrate, as appropriate, and deposited with the city or county treasurer, as appropriate. The city or county treasurer, as appropriate, must remit fifty percent of the fine to the State Treasurer. The State Treasurer must deposit the fine received to the Department of Health and Environmental Control to be used for the department's Youth Smoking Prevention Plan.

(E)   A violation of this section is triable exclusively in either municipal or magistrate's court.

(F)   In lieu of the penalties contained in subsection (D), a court may require an individual who is less than eighteen years of age who illegally purchases, accepts receipt of, or possesses, or attempts to purchase, accept receipt of, or possess a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense. If the individual successfully completes a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, then the court must reduce the fine or required hours of community service by not less than fifty percent.

(G)   An individual who is less than eighteen years of age and who has been convicted of violating a provision of this section may request to have his record expunged upon becoming eighteen years of age. If the individual has paid any fine imposed upon him or successfully completed any court-ordered community service and Department of Health and Environmental Control approved smoking cessation or tobacco prevention programs, then the individual's record must be expunged.

(H)   A violation of this section is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program, including, but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.

(I)   Notwithstanding any other provision of law, a violation of this section does not violate the terms and conditions of an establishment's beer and wine permit and is not grounds for revocation or suspension of a beer and wine permit."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator McCONNELL desired to be recorded as voting against the adoption of the committee amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Senator McCONNELL desired to be recorded as voting against the second reading of the Bill.

I do not support the attempt in S.384 to criminalize smoking by minors. While I concur that the desire to curb teen smoking is commendable, I do not think this is the right way. Before we require teens and their parents to go to court to defend a charge, the State should do more with smoking education and cessation programs to deal with this serious problem. We need to encourage young people to choose not to smoke by educating them, not criminalizing them.

S. 370 (Word version) -- Senator Hawkins: A BILL TO AMEND TITLE 7, CHAPTER 17 OF THE 1976 CODE, RELATING TO CERTIFICATES AND RECORDS OF RESULTS OF ELECTIONS BY ADDING SECTION 7-17-275, TO PROVIDE FOR AN AWARD FOR COSTS AND ATTORNEY FEES ASSOCIATED WITH AN ELECTION PROTEST; AND TO AMEND TITLE 7, CHAPTER 25 RELATED TO OFFENSES AGAINST THE ELECTION LAWS BY ADDING SECTION 7-25-210 TO PROVIDE FOR QUALIFIED CIVIL IMMUNITY FOR POLL WORKERS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0370.003), which was adopted:

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

/   SECTION   1.   Section 7-17-260 of the 1976 Code is amended to read:

"Section 7-17-260.   The State Board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest. A protest or contested case heard by the State Board pursuant to Chapter 17 of Title 7 shall be considered an 'administrative action' pursuant to Section 15-36-10."

SECTION   2.   Chapter 25, Title 7 of the 1976 Code is amended by adding:

"Section 7-25-210.   A poll worker, whether or not compensated, while acting pursuant to or in furtherance of the holding or conduct of an election, shall be immune from personal civil liability for any act or omission when the act or omission is done or made in good faith and does not constitute gross negligence, recklessness, willfulness, or wantonness."

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator SETZLER, the Bill was carried over, as amended.

S. 347 (Word version) -- Senators Lourie, Jackson, Mescher, Ford, Knotts, Cleary, Scott, Short, Patterson, Land, Cromer, Elliott, Ryberg, Grooms and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-210 SO AS TO MAKE IT A CRIME TO DEFACE, VANDALIZE, TAMPER WITH, OR REMOVE A POLITICAL CAMPAIGN SIGN, TO PROVIDE AN EXEMPTION, AND TO PROVIDE A PENALTY FOR VIOLATION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator McCONNELL proposed the following amendment (JUD0347.003), which was adopted:

Amend the committee report, as and if amended, page [347-1], lines 39 and 40, by striking SECTION 2 in its entirety and inserting therein the following:

/   SECTION   2.   Chapter 1, Title 7 of the 1976 Code is amended by adding:

"Section 7-1-110.   (A)   A sign bearing a political message relating to an election, primary, or referendum may be placed in view of any highway or in a highway right-of-way if the sign:

(1)   is not placed in the highway median;

(2)   is not affixed to or does not obscure the view of any official traffic sign, signal, or control device or railroad sign, signal, or control device; or

(3)   does not create a hazardous condition for highway users.

(B)   A state or local governmental authority having jurisdiction over highway rights-of-way is prohibited from removing any signs bearing political messages relating to an election, primary, or referendum from a highway right-of-way in the fourteen-day period preceding the election or on election day except when the sign does not comply with the provisions of subsection (A)."

SECTION   3.   Section 56-5-1020 of the 1976 Code is amended to read:

"Section 56-5-1020.   (A)   No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which (a) (1) purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, (b) (2) attempts to direct the movement of traffic, or (c) (3) hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign, signal, or control device bearing thereon any commercial advertisement.

(B)   This provision does not prohibit the placement of signs bearing a political message as provided in Section 7-1-110.

(C)   This provision shall does not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

(D)   Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance, and the state or local governmental authority having jurisdiction over the highway may remove it or cause it to be removed without notice."

SECTION   4.   Section 57-25-10 of the 1976 Code is amended to read:

"Section 57-25-10.   (A)   It is unlawful for a person to display, place, or affix a sign, as defined in Section 57-25-120(3), within a right-of-way and visible from the main-traveled way of the highway. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(B)   The provisions of this section do not prohibit the placement of signs bearing a political message as provided in Section 7-1-110."

SECTION   5.   Section 57-25-140 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( )   The provisions of this section do not prohibit the placement of signs bearing a political message as provided in Section 7-1-110."

SECTION   6.   This act takes effect upon approval by the Governor./

Amend title and renumber sections to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD0347.002), which was adopted:

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

/   SECTION   1.   Chapter 25, Title 7 of the 1976 Code is amended by adding:

"Section 7-25-210.   (A)   It is unlawful to deface, vandalize, tamper with, or remove a lawfully placed political campaign sign prior to the election without the permission of the candidate or party.

(B)   This section does not apply to a governmental entity when a political campaign sign is removed because of noncompliance with applicable law, or because an employee of the governmental entity removing the sign is working within the course and scope of his employment.

(C)   A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator HUTTO, the Bill was carried over, as amended.

S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander and Fair: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0016.005), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   Section 44-53-370(d) of the 1976 Code is amended to read:

"(d)   A person who violates subsection (c) with respect to:

(1)   a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years or fined not more than five thousand dollars, or both. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both;

(2)   any other controlled substance classified in Schedules I through V is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than one thousand dollars, or both. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than two thousand dollars, or both, except as provided in subsection (d)(3)(4);

(3)   cocaine is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. For a first offense, the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than seven years or fined not more than seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years or fined not more than twelve thousand five hundred dollars, or both;

(4)   possession of more than: ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish, fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, fifteen tablets, capsules, dosage units, or the equivalent quantity of 3, 4-methylenedioxymethamphetamine (MDMA), or twenty milliliters or milligrams of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid, is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Sections 17-22-10 through 17-22-160. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both.

When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable."       /

Amend the bill further, as and if amended, by striking SECTION 4 it its entirety and inserting:

/   SECTION   4.   Section 44-53-375 of the 1976 Code is amended to read:

"Section 44-53-375.   (A)   A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine methamphetamine or cocaine base, as defined in Section 44-53-110, is guilty of a felony misdemeanor and, upon conviction for a first offense, must be imprisoned not more than five three years and or fined not less more than five thousand dollars, or both. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten seven years and or fined not less more than ten thousand seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less more than ten years nor more than fifteen years and or fined not less more than fifteen thousand twelve thousand five hundred dollars, or both.

(B)   A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine methamphetamine or cocaine base, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:

(1)   for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and or fined not less more than twenty-five thousand dollars, or both;

(2)   for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not less than five years nor more than twenty-five thirty years, and or fined not less more than fifty thousand dollars, or both;

(3)   for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not less than fifteen years nor more than thirty years, and or fined not less more than one hundred fifty thousand dollars, or both.

Possession of one or more grams of ice, crank, or crack cocaine methamphetamine or cocaine base is prima facie evidence of a violation of this subsection.

(C)   A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of ice, crank, or crack cocaine methamphetamine or cocaine base, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as 'trafficking in ice, crank, or crack cocaine methamphetamine or cocaine base' and, upon conviction, must be punished as follows if the quantity involved is:

(1)   ten grams or more, but less than twenty-eight grams:

(a)   for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b)   for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c)   for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(2)   twenty-eight grams or more, but less than one hundred grams:

(a)   for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b)   for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c)   for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(3)   one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(4)   two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(5)   four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(D)   Possession of equipment or paraphernalia used in the manufacture of cocaine, cocaine base, or methamphetamine is prima facie evidence of intent to manufacture.

(E)   It is unlawful for any person, other than a manufacturer, practitioner, dispenser, distributor, or retailer to knowingly possess any product that contains twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances. A person who violates this subsection is guilty of a felony and, upon conviction, must be punished as follows if the quantity involved is:

(1)   twelve grams or more, but less than twenty-eight grams:

(a)   for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b)   for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c)   for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(2)   twenty-eight grams or more, but less than one hundred grams:

(a)   for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b)   for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c)   for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(3)   one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(4)   two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(5)   four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

This subsection does not apply to:

(1)   a consumer who possesses products containing ephedrine, pseudoephedrine, or phenylpropanolamine in a manner consistent with typical medicinal or household use, as indicated by storage location, and possession of the products in a variety of strengths, brands, types, purposes, and expiration dates;

(2)   products labeled for pediatric use pursuant to federal regulations and according to label instructions primarily intended for administration to children under twelve years of age; or

(3)   products that the Drug Enforcement Administration and the Department of Health and Environmental Control, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, its salts, isomers, salts of isomers, or its precursors, or the precursors' salts, isomers, or salts of isomers, or a combination of any of these substances.

This subsection preempts all local ordinances or regulations governing the possession of any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine.

(F)   Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710.

(G)   A person eighteen years of age or older may be charged with unlawful conduct toward a child pursuant to Section 20-7-50, if a child was present at any time during the unlawful manufacturing of methamphetamine."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

On motion Senator SHEHEEN, the Bill was carried over, as amended.

S. 72 (Word version) -- Senators Ritchie, Jackson, Ryberg, Mescher, Richardson and Ford: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN SEVENTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.

Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator RITCHIE asked unanimous consent to take up amendment No. 2.

There was no objection.

Senator RITCHIE proposed the following Amendment No. 2 (PT\ 2520SJ05), which was adopted:

Amend the bill, as and if amended, by deleting all after the enacting words and inserting:

/ SECTION   1.   Section 56-1-176 of the 1976 Code, as last amended by Act 181 of 2002, is further amended to read:

"Section 56-1-176.   (A)   School attendance is a condition for the issuance or reinstatement of a beginner's permit, a conditional driver's license, and a special restricted driver's license, and a regular driver's license for a person who is less than seventeen years of age. By applying for a beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license, a person less than seventeen years of age consents to the release of his high school attendance records by the school district to the Department of Motor Vehicles for purposes of this section. The Department of Motor Vehicles may not issue or reinstate a beginner's permit, conditional driver's license, or a special restricted driver's license, or a regular driver's license to a person less than seventeen years of age pursuant to Section 56-1-40, Section 56-1-50, Section 56-1-175, or Section 56-1-180 unless the person:

(1)   has a high school diploma or a certificate of attendance, or a General Education Educational Development Diploma; or

(2)   is enrolled in a public or private school or is home schooled under the provisions contained in Section 59-65-40, 59-65-45, or 59-65-47, or is enrolled in and is making progress toward completion of a program leading to a General Educational Development Diploma, and:

(a)   the person student has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b)   the person student is not suspended or expelled from school.

(B)   Documentation of enrollment status must be presented to the Department of Motor Vehicles by the applicant on a form developed in consultation with the State Department of Education, the Department of Motor Vehicles, and individuals to represent the private and home school entities and approved by the department Department of Motor Vehicles. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2) subsection (A). The appropriate public or private school official or home school association shall provide the form to the applicant upon request.

(C)   The board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association shall notify a student and the parent or guardian of the student who is at least fifteen but less than seventeen years of age when the student has accumulated three consecutive unlawful absences or five total unlawful absences. This notification must include information regarding the requirements of this section.

(D)   When a student who is at least fifteen but less than seventeen years of age is habitually truant from school, the appropriate school official shall notify the student's parent or guardian not later than five school days from the date in which the person is considered truant. For the purposes of this section, 'habitually truant' means having more than three days' consecutive unlawful absences or five days' unlawful absences during one semester or more than ten total days' unlawful absences during a school year. The parent or guardian shall have ten days from the date the notice was sent to petition the appropriate school official for a waiver pursuant to subsection (E). For a student not granted a waiver pursuant to subsection (E), the appropriate school official shall notify the Department of Motor Vehicles of the truancy in a manner agreed to by the Department of Motor Vehicles and the Department of Education. Within five days of receipt of the notice, the Department of Motor Vehicles shall send notice to the licensee's parent or guardian that the beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license will be suspended pursuant to this section on the twentieth day following the date the notice was sent.

(E)   A student's parent or guardian may petition for a waiver of the requirements of this section if the student has a personal or family hardship that requires that the student have a driver's license. For purposes of this section, a personal or family hardship means a medical condition of the student or a member of his immediate family that requires that he maintain a driver's license to receive or transport an immediate family member for treatments, or employment requiring the student to maintain a driver's license to support himself or his immediate family. The student's parent or guardian has the burden of demonstrating the need for a waiver. In considering a petition for a waiver, the board or governing body or association or their designees shall consider the recommendations of physicians, teachers, other school officials, guidance counselors, or academic advisors before granting a waiver to the requirements of this section. A person denied a waiver may appeal the decision of the public school principal, the designee of the governing body of a private school, or the designee of a home school association to the board of trustees of the public school district, the governing body of a private school, or the home school association.

(F)   A student whose permit or license has been suspended pursuant to this section may not have his permit or license reinstated until that student successfully has complied with the requirements of subsection (A)(2) of this section for a full school semester subsequent to the semester during which the student's permit or license was suspended. If a student has complied with the requirements of subsection (A)(2) for a full semester, he may petition, in writing, for reinstatement of his permit or license to the board of trustees of the school district or its designee, the governing body of the private school, or the home school association. Upon determining that the student is in compliance with this subsection, the board or governing body or association shall notify the Department of Motor Vehicles, in the manner agreed to by the Department of Motor Vehicles and the Department of Education, and the Department of Motor Vehicles shall reinstate the student's permit or license. The student is exempt from paying the department's standard reinstatement fee.

(G)   If a student between the ages of sixteen and seventeen years who has been through the school intervention process, has been referred to family court, and has been placed on an order to attend school, continues to accumulate unlawful absences, a family court judge having jurisdiction over the case may issue a court order suspending the student's license in accordance with this section.

(H)   At the beginning of each school year, the board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association shall notify students and parents or guardians of the requirements of this section."

SECTION   2.   If any section, subsection, paragraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   3.   This act takes effect August 1, 2005. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

On motion of Senator RITCHIE, the Bill was carried over, as amended.

H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

On motion of Senator RITCHIE, the Bill was carried over.

S. 271 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES WADBOO CREEK ALONG SOUTH CAROLINA HIGHWAY 402 IN BERKELEY COUNTY IN HONOR OF JACK B. GRAVES, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JACK B. GRAVES BRIDGE".

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

S. 387 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 145 FROM THE SOUTH CAROLINA-NORTH CAROLINA BORDER IN CHESTERFIELD COUNTY TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 1 IN CHESTERFIELD COUNTY THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".

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

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 387.

S. 425 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG SOUTH CAROLINA HIGHWAY 9 IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HOOVER FAY BELL BRIDGE".

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

H. 3545 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES CLOUDS CREEK ALONG HIGHWAY S41-25, SPANN ROAD, IN SALUDA COUNTY "HARE'S MILL POND BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HARE'S MILL POND BRIDGE".

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 79 (Word version) -- Senators Knotts, Elliott and Setzler: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT" AND TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16 AS ARTICLE 1.

Senator MARTIN moved to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary.

The Bill was ordered placed on the Calendar for consideration tomorrow.

S. 79 (Word version) -- Senators Knotts, Elliott and Setzler: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT" AND TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16 AS ARTICLE 1.

Senator McCONNELL asked unanimous consent to make a motion to recommit the Bill to the Committee on Judiciary, retaining its place on the Calendar.

There was no objection and the Bill was recommitted to the Committee on Judiciary, retaining its place on the Calendar.

S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; AND TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE.

Senator MARTIN moved that the Bill be made a Special Order.

Senator MARTIN spoke on the motion.

On motion of Senator MARTIN, with unanimous consent, the motion was withdrawn.

H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J.M. Neal, Neilson, Ott, Phillips, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J.R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.

Pursuant to Rule 32B, the Chairman of the Rules Committee, Senator MARTIN, moved to take the Bill up for immediate consideration following the Special Orders.

Senator MARTIN explained the Bill.

Senator SHEHEEN made a Parliamentary Inquiry as to the vote requirement necessary to adopt the motion.

The PRESIDENT stated that a majority vote would be required to adopt the motion.

Senator HUTTO made a Parliamentary Inquiry as to whether further action on a Bill which has been recalled could take place on the same day or must the Bill remain on the Calendar for one day prior to any action being taken.

The PRESIDENT stated that further action could be taken on the same day that a Bill had been recalled.

Senator HUTTO made a Parliamentary Inquiry as to the Bill's placement on the Calendar tomorrow, pursuant to Rule 32B, if the Bill were to be given a second reading.

On motion of Senator MARTIN, with unanimous consent, the motion under Rule 32B was withdrawn.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Clark, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT A MARRIAGE OF ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT SHALL BE VALID OR RECOGNIZED IN THIS STATE.

The Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.

Senator FORD desired to be recorded as voting against the third reading of the Resolution.

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND MISCELLANEOUS OTHER PROVISIONS.
(ABBREVIATED TITLE)

The Bill was read the third time, passed and ordered sent to the House of Representatives.

Senator MARTIN moved to revert to the Motion Period.

There was no objection and the Senate reverted to the Motion Period.

THE SENATE REVERTED TO THE MOTION PERIOD.

S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; AND TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE.

Senator MARTIN made a motion to make the Bill a Special Order.

Senator MARTIN spoke on the motion.

Senator RYBERG argued contra to the motion.

Senator RYBERG raised a Point of Order that the Bill had not been on the Calendar for twenty-four hours prior to making the motion.

Senator MARTIN spoke on the Point of Order.

Senator CLEARY moved that the Senate stand adjourned.

The Senate refused to adjourn.

The PRESIDENT overruled the Point of Order raised by Senator RYBERG.

Senator MARTIN spoke on the motion.

Senator McCONNELL spoke on the motion.

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

Alexander                 Anderson                  Bryant
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese
Richardson                Ritchie                   Setzler
Sheheen                   Short                     Thomas
Williams

Campsen                   Cleary                    Gregory
Ryberg                    Verdin

The Bill was made a Special Order.

Senator McCONNELL rose for an Expression of Personal Interest.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that upon the conclusion of the Joint Assembly on Monday, April 18, 2005, the Senate would stand in recess until 2:30 P.M.

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

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

Glen Kennedy, 400 Lexington Avenue, Kingstree, S.C. 29556

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of SPC Chrystal Gaye Stout of Pickens, S.C.; and on motion of Senators HAWKINS and RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of SGT Stephen C. High of Spartanburg, S.C.; and on motion of Senator CAMPSEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of MAJ Ed Murphy of Mt. Pleasant, S.C. SPC Stout, SGT High and MAJ Murphy lost their lives while on duty in Afghanistan when their unit, the 228th Signal Brigade, was involved in a helicopter crash.

At 12:29 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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