SENATE JOURNAL 05/25/2005 - South Carolina Legislature Online

South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Wednesday, May 25, 2005
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

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

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

Beloved, St. Paul had a tough time in Corinth. Hear him! (II Cor.2:14):

"Now thanks be to God, which always causes us to triumph."

Let us pray.

Father, we do feel that our work, day by day, is a partnership with our Creator in the realization of Your purpose for a better world for the family of the children of mankind.

We know that on the battlefield, or in any of the areas of human life, victory is won by those who grasp the initiative, accepting the challenge with faith and courage.

Father, out of our reservoir of goodwill, desire and studied planning, help us so that we do things around here Your way!
Amen!

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

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
May 24, 2005

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 573, R-82.

(R82, S573 (Word version)) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: AN ACT TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO DELETE THE COMMISSION OF THE DEPARTMENT OF REVENUE, TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO ESTABLISH CONDITIONS UNDER WHICH DIRECTORS MAY BE REMOVED; 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; 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 AND PROVIDE THAT NOTHING IN THIS SECTION PROHIBITS THE AUTHORITY FROM PAYING CERTAIN AMOUNTS TO THE STATE; AND TO AMEND SECTION 58-31-320, RELATING TO THE PROVISION OF ELECTRIC SERVICE BY THE AUTHORITY TO CERTAIN CUSTOMERS, SO AS TO AUTHORIZE THE AUTHORITY TO EXCHANGE OR INTERCHANGE SERVICE WITH, PURCHASE ELECTRIC ENERGY FROM, OR SELL ELECTRIC ENERGY TO ANY JOINT AGENCY ORGANIZED AND OPERATING PURSUANT TO THE PROVISIONS OF CHAPTER 23 OF TITLE 6.

I am vetoing this legislation because, despite the assertions of some supporters, this legislation will have a chilling effect on accountability to the people of South Carolina and ultimately serves as a threat to ratepayers of Santee Cooper.

We have tried fixed terms with the Santee Cooper board and did not see positive results. It was during the time of protected terms that political contributions from the money that belonged to ratepayers were given and a new addition to a private school was named after a Santee Cooper board member after he provided ratepayer money to build the addition. It was during this time that Santee Cooper was swept up in a federal grand jury that implicated its former vice president for receiving kickbacks from coal companies that cost ratepayers millions. As a result of scandals and poor stewardship the Governor was given removal powers as a part of the Restructuring Act of 1993.

All that having been said, if this Bill were only about removal of board members, I would not object as strongly as I do to this legislation.

This Bill goes on to do many things that I think are harmful to both ratepayers and taxpayers. First, this legislation increases the number of board members who must have "substantial work experience" with relation to cooperatives from one to two. This provision goes in the opposite direction the corporate world is now moving under the Sarbanes-Oxley legislation, which expects more, not less independence from boards of directors. In the private sector, corporations typically do not provide a bloc of votes to the largest consumer, no matter how insignificant the number may seem. Ultimately, this legislation only serves to further dilute the representation of the primary customer that Santee Cooper is supposed to serve, in exchange for the group with the most powerful lobby. However, the board is supposed to ultimately act in the best interest of Santee Cooper as a whole and not any one interest.

Second, the Bill creates liability against individual directors for failing to act "in the best interests of the Public Service Authority" among other things. Though the State cannot provide coverage for the directors, liability insurance is provided by Santee Cooper and would be extended to cover any litigation under this provision. Current law requires a director to be held liable for criminal or unethical actions taken as a member of the board. This legislation now opens to interpretation the good faith provision to nearly 4 million people and leaves for the courts to arbitrate the due diligence or thoughts behind an individual's actions. This will allow any individual the right to litigate the actions of the board, regardless of merit, simply because they happen to disagree with a specific outcome. As an example, recreational fisherman, one of Santee Cooper's constituencies may feel differently about modification of lake levels than those who lease lakefront parcels from the utility. Alternatively, destruction of water hyacinths may be viewed as necessary for electrical generation efforts, but once again hurt the recreational fisherman. If the board went in one direction to benefit those who lease land or to destroy aquatic vegetation, the recreational fisherman could quite possibly take legal action against some or all of the board members. In all, I believe this provision will have a chilling effect on attracting the best and brightest of the State to service on the Santee Cooper board.

Third, the legislation requires all future appointments to the board must first be screened by the State Regulation of Public Utilities Review Committee before being considered for confirmation by the Senate. This Committee is comprised of six legislative members, equally represented by the House and the Senate, and four additional appointments picked from the general public. This simply defies logic. Under current law, every appointee to the board requires confirmation by the Senate. Creating yet another committee presupposes the Senate is incapable of their current responsibility in screening executive branch appointments. This review committee allows for the first time, a group of unelected citizens the power to do what only elected legislators have done since the founding of the State - take part in confirming executive branch appointments. This is de facto "destructuring" and shifts some of the current responsibilities vested in elected officials over to an unelected, and therefore, less accountable, group of individuals.

Finally, the legislation reconfirms the General Assembly's role in disposing of all material energy generating facilities or property needed for power generation. However, it adds further that Santee Cooper or its board cannot even inquire or consider the feasibility of such an act without prior approval of the General Assembly.

In total, this legislation attempts to cement some of the worst characteristics of our current state government. The Bill diffuses accountability for members of the board and the people who confirm them to the point that prospective board appointments will need to be as knowledgeable of Columbia politics as they might be in power generation - hardly a trait ratepayers or management should want from their board. The Bill also creates limitless litigation possibilities against any and all members of the board, which will make serving far less attractive to some of the most qualified citizens of the state and will add further costs to ratepayers, who will ultimately pay for the liability coverage for members of the board. However, it is the legislative micromanagement of the board's actions, right down to its ability to speak on the issue of asset disposal that is the most chilling. We should not allow muzzles to be dispensed in the court of public policy when the point of view does not reflect our own. This legislation is clearly an attempt by some to censor a debate that has been brought on by members of the General Assembly, members of the media, and even their own Legislative Audit Council (LAC).

The members of the Santee Cooper board have asked questions relating to the benefits of employees, funds given to non-profit and other organizations, revenues returned to the State, and procurement issues. This same mandate was given to the Legislative Audit Council a decade ago. These were fair and legitimate questions to ask of an agency whose senior management either engaged in suspicious activity or allowed it to happen. While some of the concerns originally raised by the LAC have been resolved, there are still more questions that need to be answered.

While this legislation may prevent members of the Santee Cooper board from raising concerns about the value of contributions or the possibility of additional contributions to the State, it will not stop the debate from continuing. This Bill is clearly designed to intimidate board members, current and future, into not asking questions, not looking for efficiencies, not proposing sale of property, even if they are surplus, or suggesting any increased contributions to the state. If the General Assembly doesn't stop them legislatively, then any one person can tie them up in the courts.

The issue of privatization has been raised numerous times. Let us be clear: any attempt to sell the asset could only happen if legislation were introduced and approved by the General Assembly. Several legislators, including senior leadership in the House of Representatives, have proposed over the last 15 years to do just that and the legislation has gone nowhere. Not surprisingly, the operations of Santee Cooper have continued and the flow of electricity to the customers, both direct and indirect, has not suffered in the slightest.

Questions have been raised for more than two decades about how much Santee Cooper should return to the taxpayers, as mandated in the enabling statute. Despite what proponents of this legislation assure ratepayers, there are ways of increasing contributions without once raising rates. The company could reduce expenditures, as it has for two consecutive years under the current board, approve the sale of surplus assets, or increase efficiencies. The scare tactics employed by some over the last few months ignores the debate on increased contributions over more than 20 years. Simply put, I would not accept ratepayer increases to increase contributions to the State.

Fundamentally, I believe this legislation is destructive, both to the ratepayers of Santee Cooper and the people of South Carolina. It will not provide the stability or accountability that the proponents allege, nor does it offer enticement to some of the most qualified citizens in South Carolina to serve on its board. Further, this Bill turns restructuring of state government on its head and sends one more state institution back to the state government of 1895. This Bill should not be enacted and I encourage the members of the General Assembly to go back to the drawing board on this legislation.

For this reason, I am returning S. 573, R-82 to you without my signature.
Sincerely,
Mark Sanford

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator McCONNELL spoke on the veto.

Senator McCONNELL moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 43; Nays 1

AYES

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

Total--43

NAYS

Campsen

Total--1

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor

March 23, 2005
Mr. President and Members of the Senate:

I respectfully request withdrawal from your consideration the appointment listed below:

Respectfully,
Mark C. Sanford

Withdrawal of Statewide Appointment

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2001, and to expire May 19, 2008

Georgetown County:

Carl Owens Falk, 202 Sea Oats Circle, Pawleys Island, S.C. 29585 VICE Guerry Green

Appointment Withdrawn

On motion of Senator HUTTO, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor

March 23, 2005
Mr. President and Members of the Senate:

I respectfully request withdrawal from your consideration the appointment listed below:

Respectfully,
Mark C. Sanford

Withdrawal of Statewide Appointment

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2004, and to expire May 19, 2011

At-Large - Chairman:

Guerry E. Green, Screen Tight, One Better Way, Georgetown, S.C. 29449 VICE T. Graham Edwards (vacated)

Appointment Withdrawn

On motion of Senator HUTTO, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

Leave of Absence

At 11:25 A.M., Senator SCOTT requested a leave of absence following the Joint Assembly until 3:00 P.M.

Expression of Personal Interest

Senator MOORE rose for an Expression of Personal Interest.

S. 839--CO-SPONSORS ADDED

S. 839 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF CHARLESTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.

On motion of Senator FORD, with unanimous consent, the names of Senators FORD, CAMPSEN and GROOMS were added as co-sponsors of S. 839.

Motion to Ratify Adopted

At 4:43 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts on Thursday, May 26, 2005, at 12:00 P.M. or at a mutually convenient time.

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

RECALLED FROM LOCAL DELEGATION

S. 840 (Word version) -- Senator Thomas: A BILL TO PROVIDE THAT FOR THE UPCOMING REASSESSMENT YEAR UPON THE INCREASE IN THE VALUE OF THE MILL, THE GREENVILLE COUNTY SCHOOL SYSTEM SHALL ROLL BACK THE MILLAGE FOR THE ADDED AMOUNT OF NEW TAXES THAT COME IN FROM THE REASSESSMENT.

Senator J. VERNE SMITH asked unanimous consent to make motion to recall the Bill from the Greenville County Local Delegation.

There was no objection.

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

RECALLED

S. 870 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 7-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN EDGEFIELD COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF EDGEFIELD COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE POLLING PLACES FOR EDGEFIELD COUNTY MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY WITH THE APPROVAL OF A MAJORITY OF THE EDGEFIELD COUNTY LEGISLATIVE DELEGATION, AND TO CORRECT ARCHAIC LANGUAGE.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

RECALLED

H. 4096 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

RECALLED

S. 867 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 219 IN NEWBERRY COUNTY FROM OXNER ROAD (ROAD S-36-611) TO UNITED STATES HIGHWAY 176 AS "JERRY ALEWINE MEMORIAL HIGHWAY" IN MEMORY OF JERRY M. ALEWINE, WHO SERVED THE COUNTY OF NEWBERRY AND THE STATE OF SOUTH CAROLINA WITH DISTINCTION AS A MEMBER OF THE NEWBERRY COUNTY COUNCIL, AS BOARD CHAIRMAN OF THE NEWBERRY COUNTY MEMORIAL HOSPITAL, AND AS A MEMBER OF THE NEWBERRY COUNTY TRANSPORTATION COMMITTEE AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Senator CROMER asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3305 (Word version) -- Reps. J.E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J.H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan, Walker, Mahaffey, Chellis and Whipper: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.

Senator LOURIE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

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

RECALLED, AMENDED, READ THE SECOND TIME

H. 3840 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection and the Bill was recalled.

Senator MOORE 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 MOORE proposed the following amendment (JUD3840.001), which was adopted:

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

/ SECTION 1. Article 3, Chapter 9, Title 58 of the 1976 Code is amended by adding:

"Section 58-9-200. As used in Sections 58-9-295 and 58-9-297:

(1) 'Communications service provider' means:

(a) a telephone utility as defined in Section 58-9-10(6);

(b) a government-owned telecommunications service provider as defined in Section 58-9-2610(1);

(d) a person or entity providing telephone, voice over internet protocol, similar voice service, or any other voice replacement service, data service, video service, or any information service; or

(e) an entity using or allowing another entity to use its cable, wires, fiber, or any material, facilities, or equipment that have the ability to carry voice, data, video, or any other information transmissions.

'Communications service provider' does not mean a radio common carrier as defined in Section 58-11-10(f).

(2) 'Communications service' means:

(a) telephone service, including without limitation basic local exchange telephone service as defined in Section 58-9-10(9);

(b) voice over internet protocol, or similar voice or voice replacement service;

(d) video service; or

(e) any information service."

SECTION 2. Article 3, Chapter 9, Title 58 of the 1976 Code is amended by adding:

"Section 58-9-295. (A) No communications service provider or a parent company, subsidiary, or affiliate of a communications service provider shall enter into any contract, agreement, or arrangement, oral or written, with a person or entity that:

(1) requires a person or entity to restrict or limit the ability of any other communications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide communications services in this State or otherwise deny or restrict access to the real property by any other communications service provider; or

(2) offers or grants incentives or rewards to an owner of real property or the owner's agent that are contingent upon restricting or limiting the ability of any other communications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide communications services in this State or otherwise denying or restricting access to the real property by any other communications service provider.

(B)(1) Nothing in this section prohibits a communications service provider and a user or prospective user of communications service from entering into an agreement with respect to the user or prospective user's own communications service.

(2) Nothing in this section prohibits an owner of real property or the owner's agent from entering into agreements with one or more communications service providers for the purpose of marketing a communications service to the owner of real property or to the tenants of real property, so long as such agreements are not in violation of subsection (A).

(3) This section does not affect a franchise agreement or other agreement with a municipality concerning the use of public streets, public rights-of-way, or other public property.

(C) All contracts, agreements, or arrangements in violation of subsection (A) made on or after the effective date of this section are void and unenforceable.

(D) A communications service provider who violates the provisions of this section is subject to a monetary penalty as provided in Section 58-9-1610. Each day that a contract, agreement, or arrangement prohibited by this section remains in force or effect shall constitute a separate violation as provided in Section 58-9-1620."

SECTION 3. Article 3, Chapter 9, Title 58 of the 1976 Code is amended by adding:

"Section 58-9-297. (A) No other communications service provider, including without limitation a carrier of last resort as defined in Section 58-9-10(10), shall be obligated to provide any communications service to the occupants of the property described herein if an owner or developer of any multi-tenant business or residential property, including without limitation apartments, condominiums, subdivisions, office buildings, or office parks:

(1) permits only one communications service provider to install its facilities or equipment during the construction phase of the property;

(2) accepts or agrees to accept incentives or rewards from a communications service provider to the owner, developer, or occupants of the property that are contingent upon the provision of communications service by that communications service provider to the exclusion of other providers of communications service;

(3) collects from the occupants of the property charges for the provision of communications service to the occupants in any manner, including without limitation through rent, fees, or dues; or

(4) enters into an agreement with a communications service provider that is in violation of Section 58-9-295.

(B) If any communications service provider is relieved of an obligation to provide communications service to occupants of property pursuant to subsection (A), the communications service provider may voluntarily provide communications services to the occupants of that property, and the public service commission must not impose any requirements related to the terms, conditions, rates, or availability of this service."

SECTION 4. If, as result of federal law, a finding of a federal administrative agency, or a decision of a federal or state court of competent jurisdiction, this act is deemed to be inapplicable to any person, entity, or class of provider that otherwise meets the definition of a communication service provider in Section 58-9-200, this act shall become void and unenforceable as to all communications service providers.

SECTION 5. This act takes effect forty-five days after being approved by the Governor, or forty-five days after the act becomes effective by operation of law as provided in Article IV, Section 21 of the South Carolina Constitution. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 886 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. JACQUELINE G. JENKINS, DIRECTOR OF THE DORCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE ON THE OCCASION OF HER RETIREMENT AND TO EXTEND TO HER EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 887 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO DECLARE JUNE 1-4, 2005, AS SWEETGRASS BASKET DAYS IN SOUTH CAROLINA AND TO RECOGNIZE THE LOCAL SWEETGRASS BASKET MAKERS AS THEY EXHIBIT THIS ANCIENT AFRICAN ART FORM IN MOUNT PLEASANT AS PART OF THE PICCOLO SPOLETO CELEBRATION.
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Senator CAMPSEN spoke on the Resolution.

On motion of Senator CAMPSEN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 888 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, SO AS TO ADD RANGE HOOD INSTALLATION, REPLACEMENT, ALTERATION, AND REPAIR AS A SUBCLASSIFICATION UNDER MECHANICAL CONTRACTORS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 889 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO REPEAL OF DUPLICATIVE REGULATIONS INCLUDED IN THE NURSE PRACTICE ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 890 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING TATTOO FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2945, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 891 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 892 (Word version) -- Senator Williams: A SENATE RESOLUTION TO HONOR AND RECOGNIZE MRS. RUBY WOODS CARTER OF DILLON COUNTY FOR HER MANY ACCOMPLISHMENTS AND A LIFETIME OF SERVICE TO THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 893 (Word version) -- Senator McGill: A BILL TO AMEND ACT 1095 OF 1962, RELATING TO, AMONG OTHER THINGS, THE LOWER FLORENCE COUNTY HOSPITAL BOARD OF DIRECTORS AND THE POWERS AND DUTIES OF THE BOARD, SO AS TO ADD THE POWER TO PLEDGE THE PROCEEDS FROM FUTURE REVENUES RECEIVED AS COLLATERAL FOR THE PURPOSES OF SECURING FINANCING NECESSARY TO MAINTAIN THE OPERATIONS OF THE HOSPITAL.
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Read the first time and, on motion of Senator McGILL, with unanimous consent, S. 893 was ordered placed on the Calendar without reference.

S. 893--Ordered to a Second and Third Reading

On motion of Senator McGILL, with unanimous consent, S. 893 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 894 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO HONOR AND RECOGNIZE ATTORNEY HENRY HAMMER OF COLUMBIA FOR HIS EXTRAORDINARY CAREER IN PURSUIT OF JUSTICE AND FOR HIS TIRELESS COMMITMENT TO HIS FAMILY, COMMUNITY, AND FAITH.
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The Senate Resolution was adopted.

S. 895 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CELEBRATE AND REMEMBER THE WONDERFUL LIFE AND WORK OF MS. JUDIE FRANCIS OF COLUMBIA AND TO HONOR HER MEMORY AND CONTRIBUTIONS TO OTHERS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 896 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND THEIR POWERS AND DUTIES, THE ELECTION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION AND ITS POWERS AND DUTIES, THE AUTHORITY AND PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE, SO AS TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION, TO CREATE THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FISCAL COMMISSION, AND TO REVISE CERTAIN POWERS AND DUTIES AND CERTAIN PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 896--Ordered to a Second and Third Reading

On motion of Senator MATTHEWS, with unanimous consent, S. 896 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3162 (Word version) -- Reps. Duncan, M. A. Pitts, E. H. Pitts, Taylor, Anthony, W. D. Smith, J. M. Neal, Pinson, Hayes, Jennings, McGee, G. R. Smith, Wilkins, Vaughn, Young, Kirsh, Bailey, Battle, Witherspoon, Ballentine, Hinson, Mahaffey, Toole and Clark: A BILL TO ENACT THE "SOUTH CAROLINA SPORTS OFFICIALS AND COACHES PROTECTION ACT" BY ADDING SECTION 16-3-611 TO THE 1976 CODE SO AS TO MAKE IT UNLAWFUL TO COMMIT AN ASSAULT AND BATTERY UPON A SPORTS OFFICIAL OR COACH DURING AND AFTER AN ATHLETIC CONTEST AND TO PROVIDE PENALTIES FOR VIOLATIONS INCLUDING ENHANCED PENALTIES WHEN A WEAPON IS USED IN THE COMMISSION OF THE CRIME OF ASSAULT AND BATTERY UPON A SPORTS OFFICIAL OR COACH.

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

H. 3915 (Word version) -- Reps. Pinson, Parks, Anthony and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.

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

H. 4152 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE I-26/SOUTH CAROLINA HIGHWAY 219 INTERCHANGE IN NEWBERRY COUNTY AS "MAIN STREET INTERCHANGE" BECAUSE THIS INTERCHANGE AS WELL AS SOUTH CAROLINA HIGHWAY 219 AND MAIN STREET SERVE AS THE GATEWAY TO THE CITY OF NEWBERRY AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4155 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO IMPLEMENTATION OF EMERGENCY HEALTH POWERS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2962, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4167 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO MR. AND MRS. MARION B. "MUTT" SKIPPER OF COLUMBIA ON THE OCCASION OF THEIR TWENTY-FIFTH WEDDING ANNIVERSARY AND TO EXTEND TO THEM EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.

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

H. 4170 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. JOHN FLOYD LAWRENCE OF LANDRUM, FORMER EDITOR AND MANAGER OF THE "LANDRUM NEWS LEADER", AND ONE OF LANDRUM'S MOST RESPECTED CITIZENS, UPON HIS DEATH.

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

H. 4180 (Word version) -- Reps. Merrill, Hinson, Dantzler and Umphlett: A CONCURRENT RESOLUTION TO CONGRATULATE THE BISHOP ENGLAND HIGH SCHOOL GIRLS TRACK AND FIELD TEAM OF CHARLESTON ON ITS IMPRESSIVE CLASS AA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACHES ON ANOTHER EXTRAORDINARY SEASON.

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

H. 4181 (Word version) -- Reps. Hayes and Jefferson: A CONCURRENT RESOLUTION CONGRATULATING THE PEE DEE INDIAN NATION OF UPPER SOUTH CAROLINA ON RECEIVING THE HIGH HONOR ON BEING RECOGNIZED AS A "TRIBE" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

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

H. 4182 (Word version) -- Reps. Hayes and Jefferson: A CONCURRENT RESOLUTION CONGRATULATING THE EASTERN CHEROKEE, SOUTHERN IROQUOIS, AND UNITED TRIBES OF SOUTH CAROLINA ON THE DISTINCTION OF THEIR RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

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

H. 4183 (Word version) -- Reps. Hayes and Jefferson: A CONCURRENT RESOLUTION CONGRATULATING THE WACCAMAW INDIAN PEOPLE ON RECEIVING THE HIGH HONOR OF BEING RECOGNIZED AS A "TRIBE" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

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

H. 4184 (Word version) -- Reps. Hayes and Jefferson: A CONCURRENT RESOLUTION CONGRATULATING THE WASSAMASAW TRIBE OF VARNERTOWN INDIANS ON THE DISTINCTION OF ITS RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

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

H. 4185 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND MS. MARCI ANDINO, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ELECTION COMMISSION, FOR ASSISTING THE GENERAL ASSEMBLY WITH THE DRAFTING AND ADOPTING OF LEGISLATION THAT COMPLIES WITH THE MANDATES OF THE UNITED STATES CONGRESS' HELP AMERICA VOTE ACT, AND TO MAKE SOUTH CAROLINA A NATIONAL LEADER IN THE AREAS OF VOTER REGISTRATION AND CONDUCTING FAIR AND IMPARTIAL ELECTIONS.

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

H. 4186 (Word version) -- Reps. Parks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING MORRIS CHAPEL BAPTIST CHURCH OF GREENWOOD COUNTY ON THE JOYFUL OCCASION OF ITS ONE HUNDRED FORTIETH ANNIVERSARY, AND WISHING THE PASTOR AND CHURCH MEMBERS A BRIGHT FUTURE AND MANY MORE YEARS OF SUCCESS, HAPPINESS, AND ACHIEVEMENTS.

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

H. 4187 (Word version) -- Reps. G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson,Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEE CENTRAL HIGH SCHOOL LADY STALLIONS GIRLS BASKETBALL TEAM OF LEE COUNTY ON ITS IMPRESSIVE STATE AA BASKETBALL CHAMPIONSHIP TITLE AND TO HONOR ITS PLAYERS AND THEIR COACH, DOROTHY FORTUNE, ON ANOTHER EXTRAORDINARY SEASON.

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

H. 4197 (Word version) -- Reps. Martin, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA EDUCATIONAL TELEVISION FOR PROVIDING QUALITY TELEVISION AND RADIO PROGRAMMING TO RESIDENTS OF THE PALMETTO STATE FOR ALMOST FIFTY YEARS, AND FOR PROVIDING LIVE COVERAGE OF THE PROCEEDINGS OF BOTH CHAMBERS OF THE GENERAL ASSEMBLY SINCE 1999.

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

REPORTS OF STANDING COMMITTEES

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3039 (Word version) -- Reps. Sinclair and Whipper: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3243 (Word version) -- Rep. Talley: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2005" INCLUDING PROVISIONS 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 ALSO APPLIES TO THE DISTRIBUTION OR PURCHASE FOR A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE OVER TWENTY-SEVEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR PRESENT OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN TO POSSESS A TOBACCO PRODUCT, TO PROVIDE THE CONDITIONS IN WHICH TOBACCO PRODUCTS MAY BE DISTRIBUTED IN VENDING MACHINES, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS; AND TO REVISE THE DEFINITION OF THE TERM "PROOF OF AGE".

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3479 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3582 (Word version) -- Reps. McLeod, Clark, J.E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:

H. 3614 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS DEFINED IN FEDERAL LAW, AND AGREES TO THE DISTRIBUTION OF THIS PAYMENT TO THE STATE FOR COURT COSTS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3646 (Word version) -- Reps. Parks, J.H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M.A. Pitts and F.N. Smith: A BILL TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3650 (Word version) -- Reps. W.D. Smith, Hagood and McLeod: A BILL TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3741 (Word version) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee, Anderson, Hardwick, Frye, W.D. Smith, Leach, J.H. Neal, G.R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, J.E. Smith, Talley, Thompson, Toole, Townsend, White, Umphlett, Allen, Simrill and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3832 (Word version) -- Reps. J.E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J.M. Neal, Ott, Parks, Perry, Pinson, Rivers, D.C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: 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.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-11-345 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; AND BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE THREE PERCENT OR MORE OF THE STATE'S GENERAL FUND APPROPRIATIONS FOR ANY FISCAL YEAR SHALL PROVIDE TO THE OFFICE OF STATE BUDGET AN ESTIMATE OF ITS PLANNED GENERAL FUND EXPENDITURES FOR THE NEXT THREE FISCAL YEARS, AND TO PROVIDE THAT THIS DATA, IN CONJUNCTION WITH THE BOARD OF ECONOMIC ADVISORS' LONG-TERM REVENUE ESTIMATE, SHALL BE COMPILED BY THE OFFICE OF STATE BUDGET INTO A THREE-YEAR FINANCIAL PLAN THAT WILL ASSIST THE STATE IN DETERMINING AND PLANNING FOR ITS LONG-TERM FINANCIAL COMMITMENTS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED FUNDS; 11-11-420, RELATING TO CERTIFICATION OF COMPLIANCE WITH STATE PERMANENT EMPLOYEES LIMITATION; 11-35-40, AS AMENDED, RELATING TO THE STATE CONSOLIDATED PROCUREMENT CODE; 11-39-50, RELATING TO OIL OVERCHARGE FUNDS; 11-49-100, RELATING TO REPORTING BY THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY; 12-28-2725, AS AMENDED, RELATING TO THE AUDIT OF THE STATE'S REGIONAL TRANSIT AUTHORITIES; 20-7-5020 AND 20-7-9710, AS AMENDED, BOTH RELATING TO THE BOARDS OF TRUSTEES OF THE CHILDREN'S TRUST FUND AND FIRST STEPS TO SCHOOL READINESS, RESPECTIVELY; 23-47-50, AS AMENDED, AND 23-47-65, AS AMENDED, BOTH RELATING TO THE EMERGENCY TELEPHONE SYSTEM; 25-21-20, AS AMENDED, RELATING TO THE VETERANS' TRUST FUND; 38-79-470, RELATING TO THE MEDICAL MALPRACTICE FUND; 43-33-320, RELATING TO THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.; 44-96-165, RELATING TO SOLID WASTE TRUST FUNDS; 46-17-380, RELATING TO THE AGRICULTURAL COMMODITIES MARKETING BOARD; 48-5-160, AS AMENDED, RELATING TO THE WATER QUALITY REVOLVING FUND AUTHORITY; 49-6-20, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT TRUST FUND; 50-3-760, 50-3-950, AND 50-11-20, AS AMENDED, ALL RELATING TO FUNDS ESTABLISHED IN THE DEPARTMENT OF NATURAL RESOURCES; 52-5-110, RELATING TO THE SPRINGDALE FUND; 56-10-660, RELATING TO THE DISCLOSURE OF MOTOR VEHICLE INSURANCE DATABASE INFORMATION; 59-2-100, RELATING TO THE SOUTH CAROLINA INVESTMENT PROGRAM; 59-4-70, RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; 59-109-170, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY; AND 59-150-90 AND 59-150-320, BOTH RELATING TO THE EDUCATION LOTTERY COMMISSION, ALL SO AS TO CONFORM THOSE SECTIONS TO, AND OTHERWISE TO REFLECT THE CHANGES TO, THE STATE AUDITOR'S DUTIES AS DESCRIBED IN CHAPTER 7 OF TITLE 11; AND TO REPEAL SECTION 1-7-408, RELATING TO THE REPORTING OF EXPENDITURES BY A COUNTY SOLICITOR, AND SECTION 51-22-40, RELATING TO AN AUDIT OF THE LEGACY TRUST FUND.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3940 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS; DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA: DATA RELEASE FOR MEDICAL ENCOUNTER DATA AND FINANCIAL REPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Walker, Townsend, and Anthony to the Committee of Free Conference on the part of the House on:

H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 25, 2005

Mr. President and Senators:

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

Received as information.

H. 3499--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
FREE CONFERENCE REPORT ADOPTED

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

Whereupon, Senators HAYES, SHORT and JACKSON were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HAYES, the Report of the Committee of Free Conference to H. 3499 was adopted as follows:

H. 3499--Free Conference Report

The General Assembly, Columbia, S.C., May 24, 2005

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

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

That the same do pass with the following amendments:

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

/ SECTION 1. (A) The General Assembly finds that:

(1) South Carolina ranks tenth in the United States for the number of overweight and obese people;

(2) the number of overweight children in South Carolina has tripled since the 1960's;

(3) South Carolina ranks first in the number of strokes, third in heart disease, and tenth in diabetes;

(4) Twenty-five percent of children ages five to ten have high cholesterol, high blood pressure, or other early warning signs of heart disease;

(5) regular physical activity helps to improve strength and endurance, prevents obesity and controls body weight, helps build healthy bones and muscles, and reduces anxiety and stress;

(6) newly completed research shows a significant relationship between academic achievement and physical fitness; and

(7) according to a national report, for the first time in one hundred years the current generation of people will have a shorter life span than the previous generation due to a sedentary lifestyle.

(B) The General Assembly further finds that one goal of public education is to assist all students in reaching their full academic potential and that a child's health impacts his school attendance, readiness to learn, potential learning, and achievement. In this regard, the General Assembly believes that each public elementary school in this State should have a full-time school nurse in order to:

(1) improve early detection of health problems that can interfere with learning or lead to more serious or disabling health conditions;

(2) prevent disease by teaching and encouraging healthy lifestyles and habits that have lifelong implications for children and their families;

(3) provide valuable health services, including administering medications and care management necessary for those students who have chronic or episodic health conditions and disabilities; and

(4) care for students who incur injuries at school including injuries that require medical attention.

SECTION 2. This act may be cited as the Students Health and Fitness Act of 2005.

SECTION 3. Title 59 of the 1976 Code is amended by adding:

"CHAPTER 10
Physical Education, School Health Services,
and Nutritional Standards
Article 1
Physical Education Standards

Section 59-10-10. (A) The goal of this article is to provide every elementary student with the equivalent of thirty minutes of physical activity daily. Beginning in the 2006-07 school year, students in kindergarten through fifth grade must be provided a minimum of one hundred fifty minutes a week of physical education and physical activity. In 2006-07, a minimum of sixty minutes a week must be provided in physical education, and as Section 59-10-20 is phased in, the minimum time for physical education is must be increased to ninety minutes a week. The certified physical education teacher to student ratio is designed to provide students in kindergarten through fifth grade with scheduled physical education either every day or on alternate days throughout the school year and must be based on the South Carolina Physical Education Curriculum Standards. The student to teacher ratio in a physical education class may not exceed the average student to teacher ratio of 28 to 1. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grade, and high school physical education courses. The physical activity must be planned and coordinated by the Physical Education Activity Director pursuant to Section 59-10-30.

(B) A student may be exempted from these physical education and activity requirements required by subsection (A) by seeking a waiver as outlined in Section 59-29-80(B).

(C) During each year of implementation of the reduced student to physical education teacher ratio, each district shall report to the State Department of Education by June fifteenth, the number of minutes of physical education instruction and the minutes of additional physical activity students receive daily with a total for the week. The report must be listed by elementary school and by individual class and grade level. The State Department of Education shall provide a summary of this information to the General Assembly by December first of each year of implementation.

(D) The implementation of decreased student to teacher ratio and increased instruction in physical education pursuant to Section 59-10-20 is not intended to replace or reduce time dedicated to instruction in the arts taught by certified arts specialists.

Section 59-10-20. (A) Beginning with the 2006-07 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 700 to 1.

(B) Beginning with the 2007-08 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 600 to 1.

(C) Beginning with the 2008-09 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 500 to 1.

Section 59-10-30. (A) Each elementary school shall designate a physical education teacher to serve as its Physical Education Activity Director. The Physical Education Activity Director shall plan and coordinate opportunities for additional physical activity for students that exceed the designated weekly student physical education instruction times that may include, but not be limited to, before, during, and after school dance instruction, fitness trail programs, intramural programs, bicycling programs, walking programs, recess, and activities designed to promote physical activity opportunities in the classroom.

(B) In schools having dance education specialists, instruction based on the South Carolina Dance Curriculum Standards and the dance components of the South Carolina Physical Education Standards may be used to satisfy one-fourth of the required physical education minutes.

(C) Noncertified or adult volunteers may assist in implementing or supervising these structured physical activities if approved by the district superintendent. If volunteers are used, appropriate liability insurance must be provided. The director annually shall submit to the principal a report outlining the additional physical activities for students.

Section 59-10-40. Appropriate professional development must be provided to teachers and volunteers on the importance of physical activity for young children and the relationship of activity and good nutrition to academic performance and healthy lifestyles.

Section 59-10-50. (A) Each public school in this State shall administer the South Carolina Physical Education Assessment. Assessment of students in second grade, fifth grade, eighth grade, and high school must be used to assess the effectiveness of the school's physical education program and its adherence to the South Carolina Physical Education Curriculum Standards. The State Department of Education shall develop a procedure for calculating a district and school physical education program effectiveness score. The district and school physical education effectiveness score must be reported to the education community through the district and school report card.

(B) The physical education teachers in a school that receives an unsatisfactory program effectiveness score pursuant to subsection (A), will be provided professional development activities designed to assist the school in improving its programs' effectiveness.

Section 59-10-60. Each district shall make every effort to ensure that the schools in its district have age appropriate equipment and facilities to implement the physical education curriculum standards.

Article 2
School Health Services

Section 59-10-210. Beginning with the 2007-08 school year, the General Assembly, annually in the General Appropriations Act, shall appropriate funds to the Department of Education to provide licensed nurses for elementary public schools. The State Department of Education shall make these funds available through a grant program and shall distribute the funds to the local school districts on a per school basis.

Article 3
Nutrition Standards

Section 59-10-310. In an effort to promote optimal healthy eating patterns, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report, National School Lunch Act, and the most recent applicable Dietary Guidelines for Americans.

Section 59-10-320. (A) The State Department of Education shall make available to each school district a coordinated school health model designed to address health issues of children. The program must provide for coordinating the following eight components: safe and healthy environment, physical education, health education, staff wellness, health services, guidance and health, nutrition services, and parent and community involvement. The Department of Education shall notify each school district of the availability of professional development opportunities and provide technical assistance for implementing the coordinated school health model.

(B) The Department of Education shall develop or adopt an assessment program to evaluate district and school health education programs. At a minimum, the assessment must be designed to determine program effectiveness and adherence to South Carolina Health and Safety Education Curriculum Standards. The State Department of Education shall begin piloting health education assessments in the 2006-07 school year with implementation in the 2008-09 school year.

Section 59-10-330. (A) Each school district shall establish and maintain a Coordinated School Health Advisory Council (CSHAC) to assess, plan, implement, and monitor district and school health policies and programs, including the development of a district wellness policy to begin implementation in the 2006-07 school year. The council must be composed of members of the community, school representatives, students, parents, district food service employees, and school board members.

(B) Each district, in collaboration with the CSHAC, shall develop a school health improvement plan that addresses strategies for improving student nutrition, health, and physical activity and includes the district's wellness policy. The district health improvement plan goals and progress toward those goals must be included in the district's strategic plan required pursuant to Section 59-20-60.

(C) Each school board of trustees shall establish health and nutrition policies for its elementary schools designed to limit vending sales and sales of foods and beverages of minimal nutritional value at any time during the school day except in the case of medical emergency and special occasions celebrated during school hours. However, this policy does not restrict the food that a parent or guardian may provide for his child's consumption at school. A school district board of trustees may adopt a more restrictive policy.

Section 59-10-340. Each district's Coordinated School Health Advisory Council established pursuant to Section 59-10-330 shall determine which snacks may be sold in vending machines in elementary schools.

Section 59-10-350. Each elementary school shall provide students a minimum of twenty minutes to eat lunch once they have received their food. In determining the total length of the lunch period, time to and from the cafeteria, time to go through the line, and time to bus trays at the end of lunch must be considered.

Section 59-10-360. Health curriculum for students in kindergarten through fifth grade must include a weekly nutrition component.

Section 59-10-370. Each phase of implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board. There is no mandatory financial obligation to school districts if state funding is not appropriated for each phase of implementation as provided for in the fiscal impact statement of the Office of the State Budget of the State Budget and Control Board.

Section 59-10-380. Nothing in this article may be construed to prohibit or limit the sale or distribution of any food or beverage item through fundraisers by students, teachers, or groups when the items are intended for sale off the school campus."

SECTION 4. This act takes effect upon approval by the Governor. /

Amend the bill further, by striking all before the enacting words and inserting:

/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION, SCHOOL HEALTH SERVICES, AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION, SCHOOL HEALTH SERVICES, AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS; TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS; TO PROVIDE FOR A CERTAIN PHYSICAL EDUCATION TEACHER TO STUDENT RATIO ON A PHASED-IN BASIS; TO PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS; TO PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR; TO PROVIDE FOR THE APPROPRIATION OF FUNDS FOR LICENSED NURSES FOR ELEMENTARY PUBLIC SCHOOLS; TO PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS; TO PROVIDE FOR A COORDINATED SCHOOL HEALTH MODEL AND AN ASSESSMENT PROGRAM FOR SCHOOL HEALTH EDUCATION PROGRAMS; TO PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH; TO PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES; TO PROVIDE FOR A WEEKLY NUTRITION COMPONENT FOR THE HEALTH CURRICULUM; AND TO PROVIDE THAT IMPLEMENTATION IS CONTINGENT UPON THE APPROPRIATION OF FUNDING./

Amend title to conform.

/s/Hon. Robert W. Hayes, Jr.      /s/Hon. Robert E. Walker
/s/Hon. Linda H. Short            /s/Hon. Ronald P. Townsend
/s/Hon. Darrell Jackson           /s/Hon. Michael A. Anthony
On Part of the Senate.                     On Part of the House.

, and a message was sent to the House accordingly.

H. 3499--ENROLLED FOR RATIFICATION

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

A message was sent to the House accordingly.

HOUSE CONCURRENCES

S. 876 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO MR. AND MRS. WILLIAM HOWARD OSWALT OF BATESBURG ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY AND TO EXTEND TO THEM AND THEIR FAMILY EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.

Returned with concurrence.

Received as information.

S. 877 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF SEPTEMBER 19-23, 2005, SOUTH CAROLINA BARBER WEEK ON THE OCCASION OF THE 2005 ANNUAL BARBER CONVENTION, AND TO RECOGNIZE ALL SOUTH CAROLINA BARBERS FOR THE OUTSTANDING CONTRIBUTIONS THEY MAKE TO THEIR INDIVIDUAL COMMUNITIES.

Returned with concurrence.

Received as information.

S. 885 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. FRIEDA MITCHELL ON HER EIGHTIETH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR GOOD HEALTH AND HAPPINESS.

Returned with concurrence.

Received as information.

RECESS

At 11:59 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Judicial Elections

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

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.

Election to the Family Court,
Sixth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Sixth Judicial Circuit, Seat #1

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that Brian M. Gibbons had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of Brian M. Gibbons was placed in nomination.

Senator McCONNELL moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Brian M. Gibbons was elected to the position of Judge, Family Court, Sixth Judicial Circuit, Seat #1 for the term prescribed by law.

Election to the Position of
Judge, Circuit Court, At-Large Position, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large Position, Seat #12.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Debra J. Gammons, Mr. Frederick A. "Rick" Hoefer, II and Mr. Thomas A. Russo had been screened and found qualified to serve.

Senator McCONNELL and Representative Delleney placed the names of Ms. Debra J. Gammons, Mr. Frederick A. "Rick" Hoefer II and Mr. Thomas A. Russo in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Gammons:

Anderson               Courson                Jackson
McConnell              Reese                  Ritchie
Thomas

Total--7

The following named Senators voted for Mr. Hoefer:

Alexander              Drummond               Hayes
Hutto                  Knotts                 Lourie
Malloy                 Pinckney               Richardson
Setzler                Sheheen                Smith, J. Verne

Total--12

The following named Senators voted for Mr. Russo:

Bryant                 Campsen                Cleary
Cromer                 Elliott                Fair
Grooms                 Hawkins                Land
Leatherman             Martin                 Matthews
McGill                 Mescher                Moore
O'Dell                 Patterson              Peeler
Ryberg                 Scott                  Verdin
Williams

Total--22

On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Gammons:

Allen                  Bales                  Brown, J.
Brown, R.              Emory                  Funderburk
Govan                  Hines, J.              Hosey
McLeod                 Rutherford             Scott
Skelton

Total--13

The following named Representatives voted for Mr. Hoefer:

Agnew                  Altman                 Anderson
Ballentine             Barfield               Bingham
Bowers                 Brady                  Breeland
Brown, G.              Cobb-Hunter            Coleman
Cooper                 Cotty                  Delleney
Hagood                 Haley                  Hardwick
Harrison               Hines, M.              Howard
Huggins                Jennings               Kennedy
Lee                    Lucas                  Mack
Martin                 McCraw                 McGee
Miller                 Neal, J.H.             Neal, J.M.
Norman                 Ott                    Phillips
Sandifer               Simrill                Sinclair
Smith, G.M.            Smith, J.E.            Talley
Thompson               Toole                  Townsend
Weeks                  Whipper

Total--47

The following named Representatives voted for Mr. Russo:

Anthony                Bailey                 Battle
Branham                Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Dantzler
Davenport              Duncan                 Edge
Frye                   Hamilton               Harrell
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Jefferson
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
Merrill                Neilson                Owens
Parks                  Perry                  Pinson
Pitts, E.              Pitts, M.              Rhoad
Rice                   Scarborough            Smith, D.C.
Smith, G.R.            Smith, J.R.            Smith, W.D.
Stewart                Taylor                 Umphlett
Vaughn                 Vick                   Viers
Walker                 White                  Whitmire
Young

Total--55

RECAPITULATION

Total number of Senators voting 41
Total number of Representatives voting 115
Grand Total 156
Necessary to a choice 78
Of which Ms. Gammons received 20
Of which Mr. Hoefer received 59
Of which Mr. Russo received 77

No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.

Second Ballot

On motion of Senator THOMAS, with unanimous consent, the name of Ms. Debra J. Gammons was withdrawn from consideration.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Hoefer:

Alexander              Anderson               Courson
Drummond               Hayes                  Hutto
Jackson                Knotts                 Lourie
Malloy                 Pinckney               Richardson
Setzler                Sheheen                Smith, J. Verne

Total--15

The following named Senators voted for Mr. Russo:

Bryant                 Campsen                Cleary
Cromer                 Elliott                Fair
Grooms                 Hawkins                Land
Leatherman             Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Patterson
Peeler                 Reese                  Ryberg
Scott                  Thomas                 Verdin
Williams

Total--25

On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Hoefer:

Agnew                  Allen                  Altman
Bales                  Ballentine             Barfield
Bingham                Bowers                 Brady
Breeland               Brown, G.              Brown, R.
Cobb-Hunter            Coleman                Cooper
Cotty                  Delleney               Emory
Funderburk             Hagood                 Haley
Hardwick               Harrison               Hines, J.
Hines, M.              Hosey                  Howard
Huggins                Jennings               Kennedy
Lee                    Lucas                  Mack
McCraw                 McGee                  McLeod
Miller                 Neal, J.H.             Neal, J.M.
Norman                 Ott                    Phillips
Sandifer               Scott                  Simrill
Sinclair               Smith, G.M.            Smith, J.E.
Thompson               Toole                  Townsend
Weeks                  Whipper

Total--53

The following named Representatives voted for Mr. Russo:

Anderson               Anthony                Bailey
Battle                 Branham                Brown, J.
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Dantzler               Davenport
Duncan                 Edge                   Frye
Govan                  Hamilton               Harrell
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Jefferson
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
Martin                 Merrill                Neilson
Owens                  Parks                  Perry
Pinson                 Pitts, E.              Pitts, M.
Rhoad                  Rice                   Rutherford
Scarborough            Skelton                Smith, D.C.
Smith, G.R.            Smith, J.R.            Smith, W.D.
Stewart                Taylor                 Umphlett
Vaughn                 Vick                   Viers
Walker                 White                  Whitmire
Young

Total--61

RECAPITULATION

Total number of Senators voting 40
Total number of Representatives voting 114
Grand Total 154
Necessary to a choice 78
Of which Mr. Hoefer received 53
Of which Mr. Russo received 61

Whereupon, the PRESIDENT announced that the Honorable Thomas A. Russo was elected to the position of Judge, Circuit Court, At-Large Position, Seat #12 for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

RECESS

At 12:29 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT Pro Tempore.

Expression of Personal Interest

Senator MESCHER rose for an Expression of Personal Interest.

Remarks by Senator MESCHER

Lady and gentlemen of the Senate, as you know I have received a lot of press lately about my involvement with Santee Cooper. I do not know what a contract negotiated thirty years ago to get me to come to Santee Cooper from Chicago has to do with screening a potential Santee Cooper board member. I do not know what a pension contract negotiated fifteen years ago has to do with screening. I do not know what my living on the lake has to do with screening. I assume it is called, "welcome to the political world."

I have a thick skin, but I cannot ignore a quote by the Governor in a Jim Davenport article published in today's paper. The Governor is quoted as saying, "Mescher was fired in the wake of a coal purchasing scandal." While true I was fired, what does that have to do with the screening of a potential Santee Cooper board member?

But, as Paul Harvey would say, "Now for the rest of the story."

For a couple of years, back in the late 1980's, I became suspicious one of my vice presidents was doing things I did not think were morally or legally right. This individual, according to the organizational chart, reported to me, but he really worked for the board of directors. He was the only person, by board direction, involved in coal contracts. I never saw the contracts. He took them directly to the board.

I went to five Santee Cooper board members, individually, with my suspicions and recommended the individual be removed from negotiating coal contracts. To a member, they responded this individual was beloved by the co-ops and the South Carolina General Assembly and the board would not do anything which might be seen as hurting him. One board member, when I visited him at his Edisto Beach house, suggested we wait until the South Carolina General Assembly was out of session and then take some action. However, no action was ever taken.

Essentially, I walked the plank for Santee Cooper. I put my suspicions and charges in writing. At a board meeting with this individual and other management personnel in the room, I handed out my charges against the individual and there was an uproar. The individual left the room and the board called a recess. Four or five board members went to talk to this individual. When the board came out of recess, they announced the individual had resigned. Shortly after, the board called a special meeting with me and their outside attorney in attendance. We talked and talked and talked. It was the consensus I had to go. I had embarrassed the board and action had to be taken. The final vote was ten to one for my discharge. The only vote in my favor was made by the director, RALPH ELLIS. As I left, I asked them to at least check to see if my charges were valid.

The board requested a SLED investigation. A couple of SLED agents came down, but it was quickly evident it was going to be a whitewash. While interviewing one of the vice presidents, one SLED agent said, "Let's hurry this up, because we have to get back to Columbia by night fall." The vice president immediately contacted RALPH ELLIS, a known supporter of mine who was a former Senator and roommate of the SLED director. Some of you may remember RALPH. After RALPH contacted the SLED director, SLED started digging and found the individual was accepting kickbacks. In one instance, a coal company representative delivered a $75,000.00 check to the individual at the Charleston airport. They also uncovered a little scheme whereby the individual and a few coal company people would buy a small struggling coal company. The individual would then start buying Santee Cooper coal from the newly purchased company. The vigorous growth of the company under new management made it rather attractive. The group would then sell the coal company and split the profit. After a thorough investigation by the FBI and SLED, charges were brought against the individual and a trial date was set.

At the time set for the trial, I was doing a consulting job in Colorado for the U.S. Department of Energy. I was to be the first witness in the case set for trial on a Tuesday morning. I got a call on Sunday, informing me I was not needed at the trial. The individual was dead. He had an accident while quail hunting. It seems he was hunting quail with 00 buckshot, and the gun went off pressed against his chest. His death was ruled to have been an accident.

I found out later the board had made a deal with the individual the day I made my charges. He was to resign. They would then get rid of MESCHER and the individual would come back as president. While possibly biased, I think being President of Santee Cooper is one of the best jobs in South Carolina - no question. A Santee Cooper President is an important person. If I had not sacrificed my job as Santee Cooper President by exposing this individual, he would be President today of Santee Cooper. He would be sitting there running Santee Cooper, beloved by the co-ops and the South Carolina General Assembly - and still taking kickbacks.

I do not know why the Senators from Orangeburg and Horry and I are being attacked by the Governor for doing our jobs. All we are doing is looking at hard information. We are not using innuendoes or erroneous assumptions as charged by the Governor. We are not making claims or comments, which cannot be proven about any individual.

So, yes, it is true I was fired in advance of a big coal company scandal, but not because I was involved in the scandal but because I exposed the scandal. I knew when I went into that board meeting I would be fired. But, I have a bull-headed moral character, which frequently gets me in trouble. It is also said I have no tact and am the poorest example of a politician in South Carolina. I sort of wear those characterizations as a badge of honor.

Thank you for listening to the rest of the story and enduring my little spiel. Three of the board members I contacted about the suspected scandal are still living and can verify what happened. I have no regrets for my actions and would repeat them, if necessary.

Thank you so much.

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

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 4077 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A SIX AND ONE-QUARTER MILL INCREASE IN THE LEVY OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006, AND TO ALLOCATE THE INCREASED REVENUES FOR SCHOOL PURPOSES IN DILLON COUNTY.

By prior motion of Senator ELLIOTT

H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.

H. 3410 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTIONS 33-1-200 AND 33-31-120, AS AMENDED, BOTH RELATING TO THE FILING REQUIREMENTS OF CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT THE DOCUMENT MUST BE IN A MEDIUM AND FORM AS PERMITTED BY THE SECRETARY OF STATE.

HOUSE BILLS RETURNED

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

H. 3067 (Word version) -- Reps. J.R. Smith, Clark, Clyburn, Perry, D.C. Smith, Stewart and G.R. Smith: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.

H. 3244 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.

H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.

H. 4035 (Word version) -- Reps. Harrell, Wilkins, Chellis, Thompson, Cotty, Huggins, Clark, Bales, Neilson, Hosey, J.E. Smith, Frye, Altman, Anthony, Bailey, Battle, Bowers, Branham, Cato, Cobb-Hunter, Cooper, Davenport, Delleney, Hagood, Hardwick, Haskins, J. Hines, Hinson, Kirsh, Leach, Mahaffey, McLeod, Miller, J.H. Neal, Norman, Ott, Owens, Rhoad, Rice, Scarborough, Scott, D.C. Smith, G.R. Smith, Talley, Taylor, Vaughn, Walker, White, Witherspoon and Young: A BILL TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING AND INVESTING VENTURE CAPITAL PURSUANT TO THE VENTURE CAPITAL INVESTMENT ACT AND TO REVISE AND FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS UNDER WHICH VENTURE CAPITAL IS RAISED AND INVESTORS RECEIVE STATE TAX CREDITS FOR THEIR INVESTMENT; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CONSOLIDATED PROCUREMENT CODE, SO AS TO EXEMPT THE VENTURE CAPITAL AUTHORITY, AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PRIVATE INVESTMENT AND OTHER PROPRIETARY FINANCIAL DATA PROVIDED TO THE VENTURE CAPITAL AUTHORITY BY A DESIGNATED INVESTOR GROUP OR AN INVESTOR.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3412 (Word version) -- Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole, Taylor, D.C. Smith and Bailey: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSIONS TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT IF A PATIENT DOES NOT REQUIRE INVOLUNTARY TREATMENT, THE COURT, UPON PROPER NOTICE, SHALL DISMISS THE PETITION FOR COMMITMENT; TO AMEND SECTION 44-17-430, RELATING TO TAKING PERSONS WHO ARE BELIEVED TO BE A DANGER TO THEMSELVES OR OTHERS INTO CUSTODY, SO AS TO PROVIDE THAT AN ORDER AUTHORIZING SUCH CUSTODY IS VALID ONLY FOR SEVENTY-TWO HOURS; TO ADD SECTION 44-13-05 SO AS TO ESTABLISH PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON WHO THE OFFICER BELIEVES TO BE MENTALLY ILL INTO PROTECTIVE CUSTODY AND TO PROVIDE IMMUNITY FROM LIABILITY; TO AMEND SECTION 44-17-580, RELATING TO PROCEDURES FOR JUDICIAL COMMITMENT TO A MENTAL HEALTH FACILITY, SO AS TO CLARIFY THESE PROCEDURES AND TO AUTHORIZE THE COURT TO ORDER OUT-PATIENT TREATMENT FOLLOWING IN-PATIENT COMMITMENT; TO AMEND SECTION 44-24-150, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO COMMIT CERTAIN CHILDREN FOR PSYCHIATRIC EVALUATION, SO AS TO PROVIDE THAT THE COURT MAY ORDER THAT SUCH AN EVALUATION BE CONDUCTED BY A COMMUNITY MENTAL HEALTH CENTER AND THAT IF AN IN-PATIENT EVALUATION IS RECOMMENDED, THE COURT MAY COMMIT THE CHILD TO A DESIGNATED HOSPITAL FOR UP TO FIFTEEN DAYS FOR SUCH AN EVALUATION; AND TO AMEND SECTION 44-52-50, RELATING TO PROCEDURES FOR EMERGENCY ADMISSIONS FOR ALCOHOL AND DRUG TREATMENT, SO AS TO CLARIFY THAT IF A COURT ISSUES AN ORDER TO TAKE A PERSON IN NEED OF SUCH TREATMENT INTO PROTECTIVE CUSTODY, THE ORDER IS VALID ONLY FOR SEVENTY-TWO HOURS.

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

Senator PINCKNEY asked unanimous to take up for immediate consideration Amendment No. 1 on third reading.

There was no objection.

Senator PINCKNEY proposed the following amendment (NBD\ 11867AC05), which was adopted:

Amend the bill, as and if amended, Section 44-13-05, page 4, immediately after line 35 by inserting:

/(H) For purposes of this section 'local mental health center or crisis stabilization program' includes such center or program in an adjoining county or if there is not such a center or program in an adjoining county, then such a center or program in the nearest location./

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

The amendment was adopted.

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

SECOND READING BILLS

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

S. 723 (Word version) -- Senator Campsen: A BILL TO AMEND SECTIONS 12-24-10 AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO RECORDING OF DEEDS, SO AS TO PROVIDE THAT AN INSTRUMENT ALIENATING REALTY TO THE DISTRIBUTEE OF AN ESTATE IS NOT A DEED REQUIRING A RECORDING FEE OR AN AFFIDAVIT.

Senator CAMPSEN explained the Bill.

H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.

H. 4086 (Word version) -- Rep. Hayes: A BILL TO ENACT THE DILLON COUNTY SCHOOL FACILITIES FINANCING ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN DILLON COUNTY NOT TO EXCEED TWO PERCENT TO OFFSET PAYMENT OBLIGATIONS RELATED TO GENERAL OBLIGATIONS ISSUED TO FINANCE SCHOOL CONSTRUCTION, ACQUISITION, AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION, ACQUISITION, AND RENOVATION, AND TO PROVIDE FOR OTHER MATTERS RELATING TO IMPLEMENTING THIS ACT.

By prior motion of Senator ELLIOTT

H. 4086--Ordered to a Third Reading

On motion of Senator ELLIOTT, H. 4086 was ordered to receive a third reading on Thursday, May 26, 2005.

S. 868 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF THE 2001 CSO MORTALITY TABLE FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES AND NONFORFEITURE BENEFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator THOMAS explained the Resolution.

S. 882 (Word version) -- Senator Cromer: A BILL TO PROVIDE THAT A COUNTY WHICH CONDUCTED A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM AFTER 2000 WHICH HAS NOT YET BEEN IMPLEMENTED MAY POSTPONE IMPLEMENTATION FOR ONE ADDITIONAL YEAR.

H. 3335 (Word version) -- Reps. Limehouse, Hagood, Merrill, Whipper, Altman, Breeland, R. Brown, Chellis, Harrell, Hinson, Mack, Scarborough, Umphlett, Ceips and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-676 SO AS TO DESIGNATE SWEET GRASS BASKET THE OFFICIAL STATE HANDCRAFT.

H. 3892 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO UTILIZATION OF GENERIC TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2964, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Resolution.

AMENDED, READ THE SECOND TIME

S. 839 (Word version) -- Senators McConnell, Ford, Campsen and Grooms: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF CHARLESTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.

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

Senator McCONNELL proposed the following amendment (BBM\ 10945MM05), which was adopted:

Amend the bill, as and if amended, Section 7-7-140(A) as found in SECTION 1, page 7, by inserting after line 19 the words

/ Mt. Pleasant 7 / and after line 35 the words / Mt. Pleasant 24 /.

Amend the bill further at page 8, by deleting line 8 in its entirety; by inserting after line 23 the words / North Charleston 16 /; and by deleting line 38 in its entirety.

Amend the bill further, page 9, by deleting line 34 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE SECOND TIME

H. 3768 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR SALES AND USE TAXES ON BEER AND WINE; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; BY ADDING CHAPTER 55 TO TITLE 12, ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED; TO AMEND SECTIONS 12-6-1110 AND 12-6-1130, RELATING TO CALCULATIONS OF INCOME, SO AS TO PROVIDE FOR CALCULATIONS WITHOUT SOME OF THE DEDUCTIONS ALLOWED BY THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB"; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-520 RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW A COUNTY OR MUNICIPALITY TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT; TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; TO AMEND SECTION 12-54-90, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE THE NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST RESULTS IN A DECISION BECOMING FINAL AND TO PROVIDE, FURTHER, FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR; BY ADDING SECTION 33-14-420 SO AS TO FURTHER PROVIDE FOR CLAIMANTS AGAINST FUNDS OF A DISSOLVED CORPORATION; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS AND SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION.

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

Senator CROMER proposed the following amendment (3768R005.RWC), which was adopted:

Amend the bill, as and if amended, page 38 by inserting an appropriately numbered SECTION on line 13:

/ SECTION ____. Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, a county which conducted a countywide property tax equalization and reassessment program after 2000 which has not yet been implemented, may by ordinance postpone the implementation for one additional year. /

Renumber sections to conform.

Amend title to conform.

Senator CROMER explained the amendment.

The amendment was adopted.

Senator LEATHERMAN proposed the following amendment (3768R004.HKL), which was adopted:

Amend the bill, as and if amended, page 18, by striking lines 5 through 8 and inserting:

/ (2) improvements to both public or private electric, natural gas, and telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58; /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Senator HAYES proposed the following amendment (BBM\ 10944MM05), which was adopted:

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

/ SECTION __. Section 12-36-2120(57)(a)(v) of the 1976 Code, as added by Act 387 of 2000, is amended to read:

"(v) computers, printers and printer supplies, and computer software;

(vi) bath wash clothes, blankets, bed spreads, bed linens, sheet sets, comforter sets, bath towels, shower curtains, bath rugs and mats, pillows, and pillow cases." /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Senator LEATHERMAN proposed the following amendment (3768R006.HKL), which was adopted:

Amend the bill, as and if amended, page 38, line 25 by inserting an appropriately numbered SECTION:

/ SECTION _____. A. SECTION 1. Chapter 45, Title 12 of the 1976 Code is amended by adding:

"Section 12-45-185. Notwithstanding the provisions of Section 12-45-180, the county treasurer may waive the penalties imposed pursuant to that section if the taxpayer provides clear and convincing evidence to the county treasurer that the taxpayer delivered the timely payment to the United States mail or that the taxpayer otherwise timely delivered or caused to be delivered the payment. The request for waiver must be in the form of an application in writing to the county treasurer that includes documentation sufficient for the treasurer to conclude that the taxpayer made timely payment of the taxes. Waiving penalties is within the sole discretion of the county treasurer and the treasurer's denial of a waiver is not subject to appeal."

B. This SECTION takes effect upon approval by the Governor and applies for property taxes due for tax years beginning after 2004.

SECTION _____. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3575. (A) An individual taxpayer meeting the eligibility requirements of subsection (B) of this section may claim as a nonrefundable credit against the income tax imposed pursuant to 12-6-510 an amount equal to fifty percent of the premium costs the individual paid during the taxable year for health insurance coverage as defined in Section 38-74-10(5), that offers coverage to the individual, his spouse, or a person he was eligible to claim as a dependent on his federal income tax return, or any combination of these people, for the taxable year. The credit allowed by this section may not exceed three thousand dollars for each qualifying individual covered by a policy for which a credit is claimed. A nonresident who claims the credit allowed by this section shall reduce the amount of the credit in the same manner as nonresident individuals reduce personal exemptions and applicable standard deduction or itemized deductions pursuant to Section 12-6-1720(2).

(B) The credit allowed by this section is available only to an individual taxpayer who held a policy of health insurance covering the taxpayer, the taxpayer's spouse, or a person the taxpayer was eligible to claim as a dependent on his federal income tax return, or any combination of these people from an insurance company which has withdrawn from writing health insurance policies in this State and the taxpayer, in replacing the insurance with a policy having substantially the same coverage, has been assigned to the South Carolina Health Insurance Pool established pursuant to Chapter 74 of Title 38 with a higher premium than the former policy.

(C) A credit is not allowed for premium payments that are deducted or excluded from the taxpayer's income for the taxable year, whether the deduction or exclusion was due to a South Carolina modification pursuant to Article 9 of this chapter or was due to an exclusion or deduction, which resulted in a reduction of the taxpayer's federal taxable income.

(D) A taxpayer who claims the credit allowed by this section shall provide information required by the department to demonstrate that the taxpayer is eligible for the credit and that the amount paid for premiums for which the credit is claimed was not excluded from the taxpayer's gross income for the taxable year."

B. Upon approval by the Governor, this act is effective for taxable years beginning after 2004. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3883 (Word version) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (H. 3883), which was adopted:

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

/ SECTION 1. Section 40-29-20(13) of the 1976 Code, as last amended by Act 61 of 2001, is further amended to read: "Section 40-29-20. (13) 'Manufactured home retail dealer' means a person engaged in the business of buying, selling, offering for sale, or dealing in manufactured homes or offering for display manufactured homes for sale in South Carolina. A person who buys, sells, or deals in three or more manufactured homes in any twelve-month period or who offers or displays for sale three or more manufactured homes in a twelve-month period is considered a manufactured home retail dealer. 'Selling' and 'sale' include lease-purchase transactions. "Manufactured home retail dealer" does not include banks and finance companies that acquire manufactured homes as an incident to their regular business, if no more than four homes are acquired in any twelve- month period for sale, exchange, or transfer or if more than four are acquired, the sale, exchange, or transfer of these homes is conducted in accordance with Section 40-29-200(H)."

SECTION 2. Section 40-29-200 of the 1976 Code, as last amended by Act 171 of 2004, is further amended to read:

"Section 40-29-200. (A) All licenses expire June thirtieth of each even-numbered year following the date of issue, unless sooner revoked or suspended.

(B) An applicant for licensure shall:

(1) demonstrate financial responsibility as required by regulations of the board;

(2) not have engaged illegally in the licensed classification;

(3) demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;

(4) if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State;

(5) submit proof of registration with the Department of Revenue and submit a current tax identification number;

(6) where applicable, pass an examination administered by the board or its designated test provider in the license classification for which application is made;

(7) where applicable, complete training as prescribed by the board.

(C) A manufactured housing license is not required for a licensed real estate salesman or licensed real estate broker who negotiates for sale or sells a manufactured home for an individual who is the owner of not more than two manufactured homes, or for banks and finance companies licensed by the South Carolina Manufactured Housing Board that acquire manufactured homes which are situated on or affixed to real property as an incident to their regular business or attempts to negotiate for any legal entity the listing, sale, purchase, exchange, lease, or other disposition of a used manufactured or mobile home in conjunction with the listing, sale, purchase, exchange, lease, or other disposition of real estate upon which the used manufactured or mobile home is located.

(D) A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of a manufactured home retail dealer and manufactured home manufacturer to conspicuously display the licenses in the established place of business. Manufactured home retail salesmen and manufactured home contractors, installers, and repairers are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request.

(E) The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a felony within the prior seven years or an offense involving moral turpitude.

(F) No person may be issued a license as a manufactured home retail dealer unless the person can show proof satisfactory to the board of two years' experience in the manufactured home industry or other relevant experience acceptable to the board.

(G) Notwithstanding any other provision of law, the board may not grant reciprocity or issue a license to an applicant:

(1) whose license in another state is currently restricted in any way, including probationary or other conditions, or was surrendered in lieu of disciplinary action or was revoked;

(2) who has disciplinary action pending against him in another state; or

(3) who is currently under sentence, including probation or parole, for a felony, crime of moral turpitude, or other criminal violation related to any aspect of the business of manufactured housing.

(H) A holder of a lien on a manufactured home who sells, exchanges, or transfers by lease-purchase a repossessed manufactured home subject to the lien is not subject to the provisions of this chapter if the sale, exchange, or transfer is through a licensed manufactured home retail dealer who has entered into a contract with the lienholder for the sale, exchange, or transfer of the home. The contract between the lienholder and the manufactured home retail dealer must be in a form adopted by the board."

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

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE SECOND TIME

H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.

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

Senators SETZLER and KNOTTS proposed the following amendment (SETZLER-3906), which was adopted:

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

\ SECTION __. A. Section 59-149-50(B) of the 1976 Code is amended to read:

"(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale ~~each year~~ and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60. 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."

B. The provisions of Section 59-149-50(B) of the 1976 Code, as amended by this act, apply with regard to LIFE Scholarships awarded beginning with the 2004 fall semester. /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Senators HUTTO and SHEHEEN proposed the following amendment (3906-2), which was adopted:

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

/ SECTION __. Section 59-149-50(A) of the 1976 Code, as last amended by Act 187 of 2004, is further amended to read:

"(A) To be eligible for a LIFE Scholarship, a student must be either a student who has graduated ~~member of a class graduating~~ from a high school located in this State, a student who has completed at least three of the final four years of high school within this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, or a student who has graduated ~~graduating~~ from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, or a student whose parent or guardian has served in or has retired from one of the United States Armed Forces within the last four years, paid income taxes in this State for a majority of the years of service, and is a resident of this State. These students also must meet the requirements of subsection (B) and be eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations. In addition, beginning with the 1998-1999 school year for those students who graduate from high school on or after May 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senators HUTTO and PATTERSON proposed the following amendment (HUTTO-3906), which was adopted:

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

/ SECTION __. A. Section 59-149-10(B)(2) of the 1976 Code is amended to read:

"(2) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which ~~has attained 501(c)(3) tax status and~~ was incorporated in its original charter in 1962, was granted a license to operate in 1997 by the Commission on Higher Education, has continued to maintain a campus in South Carolina, and is accredited by the Southern Association of Colleges and Secondary Schools ~~or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(c)(3) tax status~~. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter."

B. The provisions of Section 59-149-10(B)(2) of the 1976 Code, as amended by this act, apply with regard to LIFE Scholarships awarded beginning with the 2004 fall semester. \ Renumber sections to conform.

Amend title to conform.

Senator PATTERSON explained the amendment.

The amendment was adopted.

The Committee on Education proposed the following amendment (PT\2682SJ05), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/ SECTION __. Section 59-104-20 of the 1976 Code, as last amended by Section 3G of Act 356 of 2002, is further amended by adding subsections (E), (F), (G), and (H) at the end to read:

"(E) A Palmetto Fellows Scholarship is available to an eligible resident student who attends or will attend an eligible four-year public or independent institution.

(F) For purposes of subsection (E):

(1) 'Public or independent institution' means:

(a) a South Carolina public institution defined in Section 59-103-5, excluding a public two-year or technical institution, and an independent institution as defined in Section 59-113-50, excluding an eleemosynary junior or independent two-year institution; or

(b) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina.

(2) 'Resident student' means:

(a) a student who is either a member of a class graduating from a high school located in this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, or a student graduating from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent; and

(b) a student classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.

(G) In addition to qualifications established by regulation, to qualify for a Palmetto Fellows Scholarship, a student shall:

(1) meet the following three criteria:

(a) a minimum score of 1200 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score;

(b) a cumulative 3.5 grade point ratio on the Uniform Grading Scale at the end of the junior or senior year; and

(c) rank in the top six percent of the class at the end of the sophomore, junior, or senior year. When calculating eligibility for Palmetto Fellows Scholarships in schools where the top six percent of the graduating class is two students or less, the top two students must be considered for the scholarship regardless of class rank. The top six percent of the graduating class must meet all Palmetto Fellows Scholarship eligibility requirements in order to receive a scholarship. If the top six percent of the class is not a whole number of students, the Commission on Higher Education shall round up to the next whole number of students eligible; or

(2) meet the following two criteria:

(a) a minimum score of 1400 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score; and

(b) a cumulative 4.0 grade point ratio on the Uniform Grading Scale at the end of the junior or senior year.

Qualifying scores must be certified by the high school on the Palmetto Fellows Scholarship application by the scholarship application deadline.

(H) Notwithstanding another provision of law, a student who met the initial eligibility requirements to receive a Palmetto Fellows Scholarship Award as a senior in high school and has met the continuing eligibility requirements shall receive the award. A student who received a Palmetto Fellows Scholarship Award as a senior in high school but declined the award is eligible to reapply for the annual scholarship, providing he meets all of the initial and continuing academic eligibility requirements of the Palmetto Fellows program, if he transfers to a qualifying South Carolina institution of higher learning. The number of semesters or academic years a student attended an out-of-state institution are to be deducted from the number of semesters or academic years a student is eligible for the scholarship. All funding provided for Palmetto Fellows Scholarships regardless of its source or allocation must be used to implement the provisions of this subsection."

SECTION __. Section 2-77-15 of the 1976 Code is amended to read:

"Section 2-77-15. For purposes of this chapter:

(1) 'Eligible institution' means a four-year institution of higher learning: ~~at which sixty percent or more of the enrolled undergraduate students are low-income and educationally disadvantaged students.~~

(a) at which sixty percent or more of the enrolled undergraduate students were low-income and educationally disadvantaged students, for the four consecutive years immediately preceding the then current year;

(b) that is defined in Part B, Subchapter III, Chapter 28, Title 20 of the United States Code;

(d) that is organized as a nonprofit corporation or is a public institution; and

(e) that has its main campus located in South Carolina.

(2) 'Federal funding program' means:

(a) Section 507(c) of the Omnibus Parks and Land Management Act of 1996 (16 U.S.C. 470a note), as amended; or

(b) Part B, Subchapter III, Chapter 28, Title 20 of the United States Code.

(3) 'Low-income and educationally disadvantaged student' means a student who receives a Pell Grant." /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED, AMENDED
READ THE SECOND TIME

H. 3885 (Word version) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter, Harrell and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING STATE PORTS AUTHORITY FACILITIES WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE FACILITIES BY A MINIMUM OF FIVE PERCENT OVER 2005 TOTALS AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT THESE TAX CREDITS.

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

The Committee on Finance proposed the following amendment (3885R001.HKL), which was adopted:

Amend the bill, as and if amended, page 3 by striking lines 20 - 23 and inserting:

/ Coordinating Council for Economic Development. /

Amend the bill further, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

Senator GROOMS proposed the following amendment (3885R002.LKG), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 28 - 32 and inserting:

/ (2) 'Base port cargo volume' means the total amount of net tons of noncontainerized or twenty-foot equivalent units (TEUs) of product actually transported by way of a waterborne ship through a port facility during the period from January 1, 2005, through December 31, 2005. For companies who locate in South Carolina after the effective date of this section, their base cargo volume will be measured by their first calendar year as long as they meet the requirements of seventy-five net tons of noncontainerized cargo or ten loaded TEUs. Base port cargo volume must be recalculated during the period from January 1, 2015 to December 31, 2015 and every tenth year thereafter./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following amendment (GJK\ 20567SD05), which was adopted:

Amend the bill, as and if amended, in Section 12-6-3375(A) of the 1976 Code, as contained in SECTION 1, by striking beginning on line 2, page 2, / State Ports Authority / and inserting / port /;

Amend further, as and if amended, in Section 12-6-3375(D) of the 1976 Code, as contained in SECTION 1, by striking item (3) which begins on line 32, page 2, and inserting:

/ (3) 'Port facility' means any publicly or privately owned facility located within this State through which cargo is transported by way of a waterborne ship or vehicle to or from destinations outside this State and which handles cargo owned by third parties in addition to cargo owned by the port facility's owner. /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J.R. Smith and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND, AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (H. 3383), which was adopted:

Amend the bill, as and if amended, page 5 by striking lines 38-40 and inserting:

/ Technology Automatic Sprinkler System Layout'.

(H) A fire sprinkler contractor may have an unlimited number of qualifying parties listed with the department under the licensee's license. /

Amend further, page 6 by striking lines 11-28 and inserting:

/ (B) To qualify for a license, the applicant shall:

(1) submit a completed application on a form approved by the department;

(2) employ a primary qualifying party holding a current NICET Level III or IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout';

(3) submit an affidavit stating that the applicant's proposed primary qualifying party is a full-time employee in a responsible management or supervisory position who has a current NICET Level III or IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' or submit a notarized copy of the applicant's primary qualifying party's NICET Level III or IV Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' along with a government issued ID card containing his photograph; and

(4) submit all fees. /

Amend further, beginning on page 8, by striking Section 40-10-50 in its entirety and inserting:

/ Section 40-10-50. (A) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.

(B) All fees associated with the NICET Level III or IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' or any other costs for certification are the responsibility of the fire sprinkler contractor and payable to the provider.

(D) Initial license fees are:

(1) two hundred dollars for a fire sprinkler contractor license, which includes one qualifying party certificate;

(2) fifty dollars for each additional qualifying party certificate; and

(3) one hundred dollars for each branch office, which includes one primary qualifying party certificate.

(E) Renewal license fees are:

(1) two hundred dollars for a fire sprinkler business renewal, which includes one primary qualifying party certificate;

(2) fifty dollars for each additional qualifying party certificate; and

(3) one hundred dollars for each branch office, which includes one primary qualifying party certificate.

(F) A late renewal fee is due on the day following the expiration date of the license if practice continued and is:

(1) one hundred dollars for up to thirty days;

(2) one hundred fifty dollars up to sixty days;

(3) two hundred dollars for sixty-one to ninety days; and

(4) two hundred fifty dollars for ninety-one to one hundred twenty days.

(G) A license that has lapsed for more than one hundred twenty days may not be renewed. An initial application must be submitted.

(H) The replacement fee for a lost or destroyed certificate is ten dollars.

(I) The replacement fee for a lost or destroyed license is ten dollars.

(J) A fire sprinkler contractor license expires the last day of July in the licensure cycle established by the board.

(K) A ten-dollar charge may be assessed for a qualifying party to transfer his qualification certificate to another licensee. /

Amend further, page 9 by striking lines 9-11.

Amend further, page 15, by striking Section 40-10-130 in its entirety and inserting:

/ Section 40-10-130. (A) As provided in Section 40-1-130, the department may refuse to issue a license or certification to an applicant who has:

(1) had a fire sprinkler license or certification denied, suspended, revoked, or otherwise disciplined;

(2) engaged in work as a fire sprinkler contractor without a valid license as required under this chapter;

(3) submitted a bid without a valid license when one is required by law;

(4) committed an act that would be grounds for disciplinary action under this chapter;

(5) submitted false or misleading information;

(6) aided or abetted a person in the violation of a provision of this chapter or regulations promulgated under this chapter;

(7) been convicted of a crime involving unlawful breaking or entering, burglary, or larceny; or has a history of addiction to a narcotic drug; 'conviction' means the entry of a plea of guilty or nolo contendere or a verdict rendered in open court by a judge or jury;

(8) any outstanding monetary judgments related to being a fire sprinkler contractor; or

(9) engaged in conduct that demonstrates bad faith, dishonesty, untrustworthiness, or incompetence as a fire sprinkler contractor.

(B) A license or certificate or registration may not be issued to an applicant:

(1) for a minimum of one year after the date of revocation of a similar license or certificate issued by this State or any other state or jurisdiction;

(2) who is presently under suspension by a professional licensing entity in this or any other state or jurisdiction; or

(3) who has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state. /

Amend further, page 22, by striking lines 31-36 and inserting:

/ Section 40-10-270. (A) A license may not be issued unless the applicant files with the department evidence of a policy of comprehensive general liability insurance providing the minimum coverage of one hundred thousand dollars due to bodily injury, death, or destruction of property as the result of the negligent act or acts of the principal insured. /

Amend further, page 23, by striking lines 10-11 and inserting:

/ (2) The policy must be purchased from an insurer licensed by the Department of Insurance to do business in this State. /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL 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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; BY ADDING SECTION 59-101-430 SO AS TO AUTHORIZE THE GOVERNING BODY OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING TO ENTER INTO GROUND LEASE OR LEASE-PURCHASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH MUST BE DETERMINED BY THE GOVERNING BODY, AND TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO THE AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF THE AGREEMENT; BY ADDING SECTION 59-101-440 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER LEARNING MAY EMPLOY INSIDE OR OUTSIDE COUNSEL TO ADVISE IT OR REPRESENT IT IN ANY MATTER EXCEPT A LITIGATION MATTER WITHOUT THE APPROVAL OF THE ATTORNEY GENERAL; BY ADDING SECTION 59-150-356 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IN DEVELOPING THE APPLICATION AND REVIEW PROCESS FOR TECHNOLOGY GRANTS FROM THE EDUCATION LOTTERY ACCOUNT FOR FOUR-YEAR PUBLIC INSTITUTIONS SHALL DEVELOP A FORMULA FOR THE ALLOCATION OF THESE GRANTS WHICH IS NOT COMPETITIVELY BASED IN ORDER TO PERMIT MULTI-YEAR INVESTMENT APPROACHES; AND TO REPEAL ARTICLE 3, CHAPTER 101, TITLE 59 OF THE 1976 CODE RELATING TO HIGHER EDUCATION REGULATORY, PROCEDURAL, AND FINANCIAL MATTERS.

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

The Committee on Education proposed the following amendment (PT\2670SJ05), which was adopted:

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

/ SECTION ___. The fourth and fifth undesignated paragraphs of Section 2-47-50 of the 1976 Code, as last amended by Act 187 of 2004, are further amended to read:

"For purposes of this chapter, with regard to all institutions of higher learning, permanent improvement project is defined as:

(1) acquisition of land, regardless of cost;

(2) acquisition, as opposed to the construction, of buildings or other structures, regardless of cost;

(3) construction of additional facilities and work on existing facilities for any given project including their renovation, repair, maintenance, alteration, or demolition in those instances in which the total cost of all work involved is five hundred thousand dollars or more;

(4) architectural and engineering and other types of planning and design work, regardless of cost, which is intended to result in a permanent improvement project. Master plans and feasibility studies are not permanent improvement projects and are not to be included;

(5) capital lease purchase of a facility acquisition or construction; and

(6) equipment that either becomes a permanent fixture of a facility or does not become permanent but is included in the construction contract shall be included as a part of a project.

Any permanent improvement project that meets the above definition must become a project, regardless of the source of funds. However, an institution of higher learning that has been authorized or appropriated capital improvement bond funds, capital reserve fund or state appropriated funds, or state infrastructure bond funds by the General Assembly for capital improvements shall process a permanent improvement project, regardless of the amount." /

Amend the bill further by deleting PART II in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE SECOND TIME

H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G.R. Smith, J.R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J.E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E.H. Pitts, Scarborough, Sinclair, D.C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: A BILL TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, ALL FEES COLLECTED PURSUANT TO THE PROVISIONS CONTAINED IN THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE, SO AS TO PROVIDE THAT THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND INSTEAD OF BEING TURNED OVER TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNERS PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNERS PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND"; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.

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

Senator LEATHERMAN asked unanimous consent for immediate consideration on Amendment No. 3.

There was no objection.

Senators LEATHERMAN, RYBERG, LAND, THOMAS, KNOTTS and ALEXANDER proposed the following amendment (3296R004.HKL), which was adopted:

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

/ SECTION 1. Section 12-28-1555 of the 1976 Code is amended to read:

"Section 12-28-1555. (A) No person may operate or maintain a motor vehicle on a public highway in this State with motor fuel subject to the user fee contained in the fuel supply tank for the motor vehicle that contains dye as provided under Section 12-28-770.

(B) This section does not apply to:

(1) persons operating motor vehicles who have received fuel into their fuel tanks outside of this State in a jurisdiction that permits introduction of dyed motor fuel subject to the user fee of that color and type into the motor fuel tank of highway vehicles; or

(2) users of dyed fuel on the highway which are lawful under the Internal Revenue Code and regulations including state and local government vehicles and buses unless otherwise prohibited by this chapter.

(D) A person who knowingly violates or knowingly aids and abets another to violate this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both.

(E) All fines and penalties imposed pursuant to this section must be placed in the Department of Transportation State Non-Federal Aid Highway Fund."

SECTION 2. Section 12-28-2355 of the 1976 Code is amended to read:

"Section 12-28-2355. (A) For the purpose of providing funds for inspecting, testing, and analyzing petroleum products and for general state purposes, there must be paid to the department a charge of one-fourth cent a gallon, which liability arises at the same time and is payable by the same person as the motor fuel user fee imposed under this chapter as if the petroleum product were motor fuel subject to the user fee under this chapter. Upon approval of the department, a surety bond is acceptable as monthly prepayments pending monthly reports and payments. Determination of acceptable bonding must be based on distribution, location of terminal facilities, and handling through other bonded suppliers.

(B) In addition to the inspection fee of one-fourth cent a gallon imposed pursuant to subsection (A), an environmental impact fee of one-half cent a gallon is imposed which must be used by the department for the purposes of carrying out the provisions of this chapter. This one-half cent a gallon environmental impact fee must be paid and collected in the same manner that the one-fourth cent a gallon inspection fee is paid and collected, except that the monies generated from these environmental impact fees must be transmitted by the Department of Revenue to the Department of Health and Environmental Control which shall deposit the fees as provided in Section 44-2-40.

(C) Notwithstanding any other provision of law, of the fees collected pursuant to subsection (A) of this section, ten percent must be transmitted by the Department of Revenue to the Department of Agriculture beginning upon the effective date of this act for use as provided in Section 39-41-70 and the remainder of the fees must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule:

Fees General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 3. Section 12-28-2910 of the 1976 Code is amended to read:

"Section 12-28-2910. (A) The first eighteen million dollars generated from three cents of the user fee levied in this chapter must be segregated in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the user fee must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted ~~and/or~~ or an unobligated fund balance of eighteen million dollars but not to exceed eighteen million dollars for the ensuing fiscal year, or both. The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan. The council may spend not more than sixty thousand dollars annually for a state infrastructure model.

(B) All interest earnings on the Economic Development Account must be credited to the State Highway fund.

(1) in fiscal year 2005 - 2006, twelve million dollars to the account for economic development and six million dollars credited to the Department of Transportation State Non-Federal Aid Highway Fund; and

(2) in fiscal year 2006 - 2007, six million dollars to the account for economic development and twelve million dollars credited to the Department of Transportation State Non-Federal Aid Highway Fund. All payments to the account for economic development shall cease at the end of fiscal year 2006 - 2007.

(D) Beginning in fiscal year 2007 - 2008, and each succeeding fiscal year, the first eighteen million dollars generated from three cents of the user fee levied in this chapter must be credited to the Department of Transportation State Non-Federal Aid Highway Fund."

SECTION 4. Chapter 28, Title 12 of the 1976 Code is amended by adding:

"Section 12-28-2915. (A) Notwithstanding another provision of law, seven million dollars of the taxes collected pursuant to Article 1, Chapter 23, Title 12 must be placed in the account for economic development contained in Section 12-28-2910 for fiscal year 2005-2006, fourteen million dollars for fiscal year 2006-2007, and twenty million dollars for fiscal year 2007-2008 and for each succeeding fiscal year thereafter.

(1) annually distribute fifty percent of the excess to the State Non-Federal Aid Highway Fund; and (2) make an annual contribution from non-state tax sources in an amount equivalent to fifty percent of the excess to the State Highway Account of the South Carolina State Transportation Infrastructure Bank."

SECTION 5. Section 56-1-50 of the 1976 Code, is amended by adding at the end:

"(G) The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 6. Section 56-1-140 of the 1976 Code, is amended by adding at the end:

"The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 7. Section 56-1-200 of the 1976 Code, is amended by adding at the end:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 8. Section 56-1-390 of the 1976 Code, is amended to read:

"(2) The fees collected by the Department of Motor Vehicles under this provision must be distributed as follows: seventy dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles, ~~twenty-nine dollars placed in the state general fund,~~ and one dollar must be credited to the "Keep South Carolina Beautiful Fund" established pursuant to Section 56-3-3950. From the "Keep South Carolina Beautiful Fund", the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads. The remainder of the fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 9. Section 56-1-740(B) of the 1976 Code, is amended to read:

"(3) The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, ~~twenty dollars must be distributed to the general fund and~~ eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the ~~Department of Motor Vehicles~~ department. The remainder of the fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 10. Section 56-1-2090 of the 1976 Code is amended by adding at the end:

"(E) The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 11. Section 56-1-3350 of the 1976 Code, is amended by adding at the end:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 12. Section 56-3-910(B) of the 1976 Code, is amended to read:

"(B) Twenty percent of the fees and penalties collected pursuant to this chapter, except for those provided for separately in subsection (A) of this section, must be credited to the State Highway Fund of the Department of Transportation and eighty percent of the general fund of the State, beginning in fiscal year 2000-2001. The fees and penalties collected pursuant to this chapter, except for those provided for separately in subsection (A) of this section, must be credited to the South Carolina Department of Transportation which must make an annual contribution from non-state tax sources to the State Highway Account of the South Carolina Transportation Infrastructure Bank in an amount equivalent to the amount provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles. However, if the South Carolina Department of Transportation has insufficient non-state tax sources to make that annual contribution in any fiscal year, the fees and penalties must be placed directly into the State Highway Account of the South Carolina Transportation Infrastructure Bank:

Fees and Penalties General Fund State Highway

Collected After of the State Account of the

South Carolina

Transportation

Infrastructure Bank

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 13. Section 57-11-20(A) of the 1976 Code, is amended to read:

"(A) All state revenues and state monies dedicated by statute to the operation of the department must be deposited into ~~one fund to be known as~~ either the '~~state highway fund~~ State Highway Fund' or the 'State Non-Federal Aid Highway Fund' ~~and all federal revenues and federal monies must be deposited into the "federal aid highway fund"~~. ~~These~~ Both funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. Interest income from the state highway fund must be deposited to the credit of the state highway fund. Interest income from the non-federal aid highway fund must be deposited to the credit of the non-federal aid highway fund. The commission may commit up to the maximum annual debt service provided in Article X, Section 13 of the South Carolina Constitution into a special fund to be used for the sole purpose of paying the principal and interest, as it comes due, on bonds issued for the construction ~~and/~~or maintenance of state highways, or both. This special account will be designated as the State Highway Construction Debt Service Fund."

SECTION 14. In the state fiscal year beginning July 1, 2005, the Department of Transportation shall pay into the general fund of the State as its proportionate share of the cost of administration of central service agencies pursuant to the Statewide Cost Allocation Plan the following sums:

(1) Collection of Highway Revenues $2,044,952

(2) Central Service Agency Recoveries 1,248,358

Total Remittance for FY 2005-2006 $3,293,310.

These payments must continue for the two succeeding fiscal years, but the payments required pursuant to item (1) of this section decline by $1,022,476 from the prior year's payment and the payments required pursuant to item (2) of this section decline by $624,179 from the prior year's payment. This annually declining schedule of payments ends in fiscal year 2007-2008 and thereafter all payments shall cease.

SECTION 15. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 16. If any section, subsection, paragraph, subparagraph, 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 17. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Senators GROOMS and VERDIN proposed the following amendment (3296R005.LKG), which was tabled:

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

/ SECTION 1. Section 12-28-1555 of the 1976 Code is amended to read:

(B) This section does not apply to:

(E) All fines and penalties imposed pursuant to this section must be placed in the Department of Transportation State Non-Federal Aid Highway Fund."

SECTION 2. Section 12-28-2355 of the 1976 Code is amended to read:

Fees General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 3. Section 12-28-2910 of the 1976 Code is amended to read:

(B) All interest earnings on the Economic Development Account must be credited to the State Highway fund.

SECTION 4. Chapter 28, Title 12 of the 1976 Code is amended by adding:

(B) Beginning in fiscal year 2007-2008, all taxes collected pursuant to Article 1, Chapter 23, Title 12 in excess of twenty million dollars must be credited to the Department of Transportation which shall annually distribute one hundred percent of the excess to the State Non-Federal Aid Highway Fund."

SECTION 5. Section 56-1-50 of the 1976 Code, is amended by adding at the end:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent"

SECTION 6. Section 56-1-140 of the 1976 Code, is amended by adding at the end:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent"

SECTION 7. Section 56-1-200 of the 1976 Code, is amended by adding at the end:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent"

SECTION 8. Section 56-1-390 of the 1976 Code, is amended to read:

Fees and Penalties General Fund Department of Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 9. Section 56-1-740(B) of the 1976 Code, is amended to read:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent"

SECTION 10. Section 56-1-2090 of the 1976 Code is amended by adding at the end:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent"

SECTION 11. Section 56-1-3350 of the 1976 Code, is amended by adding at the end:

Fees and Penalties General Fund Department of

Collected After of the State Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent"

SECTION 12. Section 56-3-910(B) of the 1976 Code, is amended to read:

Fees and Penalties General Fund Department of Collected After of the State Transportation

Non-Federal Aid

Highway Fund

June 30, 2005 60 percent 40 percent

June 30, 2006 20 percent 80 percent

June 30, 2007 0 percent 100 percent."

SECTION 13. Section 57-11-20(A) of the 1976 Code, is amended to read:

(1) Collection of Highway Revenues $2,044,952

(2) Central Service Agency Recoveries 1,248,358

Total Remittance for FY 2005-2006 $3,293,310.

SECTION 17. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

Senator RYBERG moved to lay the amendment on the table.

By a division vote of 16-12, the amendment was laid on the table.

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

CARRIED OVER

S. 499 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

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

H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD PENSION FUND AND ELIGIBILITY FOR THE NATIONAL GUARD PENSION AND THE ADMINISTRATION OF PENSIONS FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO ESTABLISH THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE NATIONAL GUARD PENSION FUND AND PROVIDE FOR THE INVESTMENT OF ITS FUNDS AS THE FUNDS OF OTHER STATE RETIREMENT FUNDS ARE INVESTED, PROVIDE FOR THE ADMINISTRATION OF THOSE PENSIONS BY THE RETIREMENT SYSTEM OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE FOR THE EXPENSES OF ADMINISTRATION TO BE PAID FROM EARNINGS.

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

COMMITTEE AMENDMENT AMENDED AND ADOPTED
AMENDED, CARRIED OVER

H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; AND TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO SANCTIONS AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER ADMINISTRATIVELY, SO AS TO INCLUDE A MONETARY PENALTY AND MAKE A CLARIFICATION.

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

Senator ALEXANDER proposed the following amendment (3767R004.TCA), which was adopted:

Amend the committee report, as and if amended, page [3767-2], by striking lines 16 through 25 and inserting:

/ SECTION _____. A. Section 12-6-3360(B)(5) of the 1976 Code is amended by adding:

"(f) In a county in which one employer has lost at least 1,500 jobs in a calendar year, the credit allowed is one tier higher than the credit for which the county would otherwise qualify. The one tier higher credit allowed by this subsection is allowed for a three-year period beginning immediately following the year during which the jobs were lost. This subsection does not apply to a job created in a county eligible for a higher tier pursuant to another provision of this section."

B. This SECTION takes effect upon approval by the Governor and applies to tax years beginning after December 31, 2004.

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the perfecting amendment.

The amendment was adopted.

The Committee on Finance proposed the following amendment (3767R001.HKL), which was adopted:

Amend the bill, as and if amended, page 15 by striking lines 38 - 43 and Page 16 by striking lines 1 - 2.

Amend the bill, as and if amended, by striking SECTION 17 in its entirety.

Amend the bill further, as and if amended, page 12 by striking SECTION 21 in its entirety and inserting:

/ SECTION 21. A. Section 12-54-250 of the 1976 Code, is amended by adding:

"(F)(1) A tax return preparer who prepares one hundred or more returns for a tax period for the same tax year shall submit all returns by electronic means where electronic means are available. Where electronic means are not available to file the return, but 2D barcode is available, the preparer must use 2D barcode. If a taxpayer checks a box on his return indicating a preference that his return is to be filed by another means, the preparer may submit that return by another means.

(2) The department shall include a notice of this requirement in its form instructions and in the forms area of its website.

(3) For the purposes of this subsection, tax return preparer means the business entity and not the individual location or individual completing the return.

(4) If compliance with this section is a substantial financial hardship, a tax return preparer may apply in writing to the department to be exempted from these requirements. The department may grant an exemption for no more than one year at a time.

(5) A person who fails to comply with the provisions of this section may be penalized in an amount to be assessed by the department equal to fifty dollars for each return."

B. This SECTION takes effect upon approval by the Governor for tax years beginning on or after January 1, 2007. /

Amend the bill, as and if amended, page 30, line 19 by adding appropriately numbered SECTIONS:

/ SECTION _____. Section 12-6-3360(B)(5) of the 1976 Code is amended by adding:

SECTION _____. A. Section 12-6-3365 of the 1976 Code, amended to read:

"Section 12-6-3365. (A) A taxpayer creating and maintaining at least one hundred full-time new jobs, as defined in Section 12-6-3360(M), at a facility of a type identified in Section 12-6-3360(M) ~~may petition, utilizing the procedure in Section 12-6-2320(B) for~~ is allowed a moratorium on state corporate income ~~or insurance premium~~ taxes imposed pursuant to Section 12-6-530 for the ten taxable years beginning the first full taxable year after the taxpayer qualifies and ending either ten years from that year or the year when the taxpayer's number of full-time new jobs falls below one hundred, whichever is earlier.

(B)(1) To qualify for the moratorium pursuant to subsection (A), a taxpayer ~~must create at least one hundred full-time new jobs at a facility in a county~~ shall:

~~(1) with an average annual unemployment rate of~~ (a)(i) create at least ~~twice the state average during each of the last two completed calendar years, based on the most recent unemployment rates available, or that is~~ one ~~of the three lowest per capita income counties, based on the average~~ one hundred full-time new jobs at a facility in a county with an average annual unemployment rate of at least twice the ~~three most recent~~ state average during each of the last two completed calendar years of, based on the most recent unemployment rates available ~~average~~, or that is one of the three lowest per capita income counties, based on the average of the three most recent years of available average per capita income data; and

(ii) invest at least ninety percent of its total investment in this State in the moratorium county; or

(b)(i) create at least one hundred full-time new jobs, and invest at least one hundred fifty million dollars, at a manufacturing facility in a county with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years, based on the most recent unemployment rates available, or that is one of the three lowest per capita income counties, based on the average of the three most recent years of available average per capita income data; and

(ii) create at least one hundred full-time new jobs, and invest at least one hundred fifty million dollars, at a manufacturing facility in a second county which is designated as distressed, least developed or underdeveloped pursuant to Section 12-6-3360; and

~~(2)~~ ~~in which~~(iii) invest at least ninety percent of ~~the taxpayer's~~ its total investment in this State ~~is located~~ in one or both of the counties specified in subsubitems (i) and (ii) of subsection (B)(1)(b);

(2) Taxpayers qualifying under subsection (B)(1)(b) are entitled to the moratorium for separate ten-year periods under subsection (A) for income attributable to facilities in each county, beginning with the first full taxable year after the taxpayer qualifies in the respective county and ending with respect to the income attributable to facilities in that county either ten years from that year or the year when the taxpayer's number of full-time new jobs in that county falls below one hundred, whichever is earlier. Loss of the moratorium in one county due to job reduction does not impact the moratorium for income attributable to facilities in the other county.

(C) ~~The~~ During the applicable moratorium period, the moratorium applies to that portion of the taxpayer's corporate income or premium tax that represents the ratio of the ~~company's~~ taxpayer's new investment in the qualifying county or counties to its total investment in this State.

(D) The department shall prescribe certification procedures to ensure that the taxpayer may claim the moratorium in future years even if a particular county is removed from the list of ~~moratorium~~ qualifying counties.

(E)(1) If the taxpayer creates and maintains at least two hundred full-time new jobs ~~within five years from the date the taxpayer creates the first full-time new job~~ at the facility~~, the moratorium period is fifteen taxable years, beginning the first full taxable year after the taxpayer qualifies and ending either fifteen~~ specified in subsection (B)(1)(a) within five years from ~~that year or~~ the ~~year when~~ date the ~~taxpayer's number of~~ taxpayer creates the first full-time new job at the facility, the moratorium period is fifteen taxable years, beginning the first full taxable year after the taxpayer qualifies and ending either fifteen years from that year or the year when the taxpayer's number of full-time new jobs falls below two hundred, whichever is earlier.

(2) If the taxpayer creates and maintains at least two hundred full-time new jobs at facilities in either or both of the counties specified in subsection (B)(1)(b) within five years from the date the taxpayer creates the first full-time new job in either of the counties, the moratorium period is fifteen taxable years with respect to income attributable to facilities in the county or counties where the taxpayer qualifies, beginning the first full taxable year after the taxpayer qualifies in a respective county and ending either fifteen years from that year or the year when the taxpayer's number of full-time new jobs in the respective county fall below two hundred, whichever is earlier.

(3) Notwithstanding any other provision of this section, if the taxpayer qualifies in one or more counties for the fifteen-year period specified in this subsection and subsequently within the ten-year period specified in subsection (A) reduces the number of jobs at any such facility to fewer than two hundred but more than one hundred, the taxpayer is entitled to the moratorium with respect to such facility for the balance of the ten-year period. Loss of the fifteen-year period in one county described in subsection (B)(1)(b) due to job reduction does not impact the fifteen-year period for income attributable to facilities in the other county.

(F) The taxpayer must create the one hundred full-time new jobs within five years from the date it creates the first full-time new job in the county specified in subsections (B)(1)(a)(i) or (B)(1)(b)(i), except that the taxpayer must have hired its first full-time new employee in the county specified in subsections (B)(1)(a)(i) or (B)(1)(b)(i) by July 1, 2005, to be eligible for either the ten-year or fifteen-year moratorium.

(G) Any moratorium allowed under subsection (B)(1)(b) is not affected if the taxpayer changes its form of business organization within the ten-or-fifteen year moratorium period.

(H) For purposes of qualification under subsection (B)(1)(b) and all related provisions, the term 'taxpayer' means a single taxpayer or, collectively, a group of one or more affiliated taxpayers."

B. The amendment to Section 12-6-3365 of the 1976 Code as contained in subsection (A) of this section does not affect the provisions of Section 3, Act 277 of 2000, as that section relates to the repeal of Section 12-6-3365 of the 1976 Code.

SECTION _____. Section 12-10-85 of the 1976 Code is amended to read:

"Section 12-10-85. (A) Funds received by the department for the State Rural Infrastructure Fund must be deposited in the State Rural Infrastructure Fund of the Council. The fund must be administered by the council for the purpose of providing financial assistance to local governments for infrastructure and other economic development activities including, but not limited to:

(1) training costs and facilities;

(2) improvements to regionally planned public and private water and sewer systems;

(3) improvements to both public and private electricity, natural gas, and telecommunications systems including, but not limited to, an electric cooperative, electrical utility, or electric supplier described in Chapter 27 of Title 58; or

(4) fixed transportation facilities including highway, rail, water, and air.

(B) Rural Infrastructure Fund grants must be available to benefit counties or municipalities designated as "distressed" or "least developed" as defined in Section 12-6-3360 according to guidelines established by the council, except that up to twenty-five percent of the funds annually available in excess of ten million dollars must be set aside for grants to areas of "underdeveloped", "moderately developed", and "developed" counties. A governing body of an "underdeveloped", "moderately developed", or " developed" county must apply to the council for these set-aside grants stating the reasons that certain areas of the county qualify for these grants because the conditions in that area of the county are comparable to those conditions qualifying a county as "distressed" or "least developed.

(C) For the purposes of this section, "local government" means a county, municipality, or group of counties, organized pursuant to Section 4-9-20(a), (b), (c), or (d).

(D) The council shall submit a report to the Governor and General Assembly by March fifteenth covering activities for the prior calendar year."

SECTION _____. Section 12-37-220(A) of the 1976 Code is amended by adding:

"(11) All property of public benefit corporations established by a county or municipality used exclusively for economic development purposes which serve a governmental purpose as defined in Section 115 of the U.S. Internal Revenue Code."

SECTION _____. A. Section 12-37-220(B)(19) of the 1976 Code is amended to read:

"(19) All property owned by volunteer fire departments and rescue squads used exclusively for the purposes of ~~such~~ these departments and squads. Property leased to a department or squad by an entity itself exempt from property tax is exempt in the same manner that property owned by these departments and squads is exempt."

B. This SECTION takes effect upon approval by the Governor and applies to property tax years beginning after June 30, 2005.

SECTION ____. A. Section 36-9-501 of the 1976 Code is amended by adding:

"(c) A person may not knowingly or intentionally file with the filing office as provided in subsections (a) or (b) a false or fraudulent financing statement or a financing statement filed for the purpose of hindering, harassing, or wrongfully interfering with another person or entity. In addition to another penalty provided by law, a violation of this subsection is a felony punishable by imprisonment for not more than five years or a fine of not more than two thousand five hundred dollars, or both. If the person is convicted of the violation, the court may find that the financing statement is ineffective, may order the filing office to terminate or purge the financing statement, and may order restitution to an aggrieved party.

(d) If a person files with the filing office pursuant to subsections (a) or (b) a false or fraudulent financing statement or a financing statement filed for the purpose of hindering, harassing, or wrongfully interfering with another person or entity, a debtor named in that financing statement may file an action against the person that filed the financing statement seeking appropriate equitable relief or damages including, but not limited to, an order declaring the financing statement ineffective, ordering the filing office to terminate or purge the financing statement, and awarding reasonable attorney fees."

B. Section 36-9-516(b) of the 1976 Code is amended to read:

"(b) Filing does not occur with respect to a record that a filing office refuses to accept because:

(1) the record is not communicated by a method or medium of communication authorized by the filing office;

(2) an amount equal to or greater than the applicable filing fee is not tendered;

(3) the filing office is unable to index the record because:

(A) in the case of an initial financing statement, the record does not provide a name for the debtor;

(B) in the case of an amendment or correction statement, the record:

(i) does not identify the initial financing statement as required by Section 36-9-512 or 36-9-518, as applicable; or

(ii) identifies an initial financing statement whose effectiveness has lapsed under Section 36-9-515;

(C) in the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's last name; or

(D) in the case of a record filed or recorded in the filing office described in Section 36-9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;

(4) in the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

(5) in the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:

(A) provide a mailing address for the debtor;

(B) indicate whether the debtor is an individual or an organization; or

(i) a type of organization for the debtor;

(ii) a jurisdiction of organization for the debtor; or

(iii) an organizational identification number for the debtor or indicate that the debtor has none;

(6) in the case of an assignment reflected in an initial financing statement under Section 36-9-514(a) or an amendment filed under Section 36-9-514(b), the record does not provide a name and mailing address for the assignee; or

(7) in the case of a continuation statement, the record is not filed within the six-month period prescribed by Section 36-9-515(d).;

(8) in the case of a record presented for filing at the Office of the Secretary of State, the Secretary of State determines that the record is not created pursuant to this chapter or is otherwise intended for an improper purpose, such as to defraud, hinder, harass, or otherwise wrongfully interfere with a person; or

(9) in the case of a record presented for filing at the Office of the Secretary of State, the same person or entity is listed as both debtor and secured party, the collateral described is not within the scope of this chapter, or that the record is being filed for a purpose other than a transaction that is within the scope of this chapter."

C. Section 36-9-518 of the 1976 Code is amended by adding:

"(d) In the case of a correction statement alleging that a previously filed record was filed wrongfully and that it should have been rejected pursuant to Section 36-9-516(b)(8) or (9), the Secretary of State, without undue delay, shall determine if the contested record was filed wrongfully and should have been rejected. To determine if the record was filed wrongfully, the Secretary of State may require the person filing the correction statement and the secured party to provide additional relevant information requested by the Secretary of State including an original or a copy of a security agreement that is related to the record. If the Secretary of State finds that the record was filed wrongfully and should have been rejected pursuant to Section 36-9-516(b)(8) or (9), the Secretary of State shall cancel the record and it is void and of no effect."

D. Section 36-9-520 of the 1976 Code is amended by adding:

"(e)(1) If the Secretary of State refuses to accept a record for filing pursuant to Section 36-9-516(b)(8) or (9) or cancels a wrongfully filed record pursuant to Section 36-9-518(d) the secured party may file an appeal within thirty days after the refusal or cancellation in the Administrative Law Court consistent with the Administrative Law Court rules.

(2) The Administrative Law Court's final decision may be appealed as in accordance with Administrative Law Court rules."

E. This SECTION takes effect upon approval by the Governor. /

SECTION _____. Section 12-37-220(B)(2)(a) is amended to read:

"(2)(a) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with a spouse, by a paraplegic or hemiplegic person, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the Department of Revenue. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains the fee or a life estate in the dwelling. To qualify for the exemption, the dwelling house must be the domicile of the person who qualifies for the exemption. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain. For the purposes of this exemption, 'paraplegic' or 'hemiplegic' includes a person with Parkinson's Disease, Multiple Sclerosis, or Amyotrophic Lateral Sclerosis, which has caused the same ambulatory difficulties as a person with paraparesis or hemiparesis. A doctor's statement is required stating that the person's disease has caused these same ambulatory difficulties. A surviving spouse of a person receiving the exemption under this subsection is not allowed the exemption."

SECTION _____. A. Chapter 6 of Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3580. (A) Taxpayers that pay an annual fee to the South Carolina Quality Forum to participate in quality programs are allowed a tax credit equal to the annual registration fee.

(B) Taxpayers also are allowed a tax credit equal to fifty percent of any fees charged to participate in the organizational performance excellence assessment process.

B. Section 12-10-80(C)(3) of the 1976 Code, as last amended by Act 334 of 2002, is further amended by adding an appropriately numbered subitem at the end to read:

"( ) quality improvement programs of the South Carolina Quality Forum."

SECTION _____. A. Section 12-44-30(7) of the 1976 Code is amended by adding:

"(e) that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a)."

B. Section 4-12-30(D)(4)(a) of the 1976 Code is amended by adding:

"(v) in the case of a project that satisfies the requirements of 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a)."

C. Section 4-29-67(D)(4)(a) of the 1976 Code is amended by adding:

"(v) in the case of a project that satisfies the requirements of 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a)."/

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted, as perfected.

Senators GROOMS and LEVENTIS proposed the following amendment (3767R003.LKG), which was adopted:

Amend the bill, as and if amended, by adding a penultimate section appropriately numbered to read:

/ SECTION ____. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3580. (A) A resident taxpayer engaged in the business of producing milk for sale is allowed a refundable income tax credit based on the amount of milk produced and sold. The credit may be claimed against the taxes due pursuant to Section 12-6-510 or 12-6-530. The credit is allowed when the USDA Class I price of fluid milk in South Carolina drops below the production price anytime during the taxable year.

(B) The Department of Agriculture shall promulgate regulations to implement the provisions of this section, including the establishment of the production price, which must consider the following factors, including but not limited to:

(1) the average price of milk in the top five states where milk is imported to South Carolina;

(2) the average transportation cost of importing milk from those five states; and

(3) the cost of production in South Carolina.

(C)(1) Each qualifying taxpayer is eligible for a ten thousand dollar tax credit based on the production and sale of the first five hundred thousand pounds of milk sold below the production price over a calendar year. The credit must be prorated on a quarterly basis.

(2) For each additional five hundred thousand pounds of milk sold below the production price, there is allowed an additional credit of five thousand dollars, also prorated on a quarterly basis.

(D) If no taxes are due, or the credit exceeds the tax liability of the taxpayer for the taxable year, the amount of the credit or excess over the tax liability must be refunded to the taxpayer. The South Carolina Commissioner of Agriculture shall certify to the Department of Revenue that producers claiming credits have met the eligibility requirements provided in this section."

B. Notwithstanding the general effective date of this act, this section is effective for taxable years beginning after 2004./

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

Senator THOMAS proposed the following amendment (3767THOMAS), which was adopted:

Amend the bill, as and if amended, page 14, by striking line 23 in its entirety and inserting:

/ (b) Notwithstanding subitem (a), unless the Director is satisfied that tax avoidance is not a significant purpose of the transaction, an interest deduction is not /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Senator LEATHERMAN proposed the following amendment (3767R006.HKL), which was adopted:

Amend the bill, as and if amended, page 30, line 19 by inserting appropriately numbered SECTIONS:

/ SECTION _____. A. SECTION 1. Chapter 45, Title 12 of the 1976 Code is amended by adding:

B. This SECTION takes effect upon approval by the Governor and applies for property taxes due for tax years beginning after 2004.

SECTION _____. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

B. This SECTION takes effect upon approval by the Governor and applies for property taxes due for tax years beginning after 2004. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT AMENDED AND ADOPTED
AMENDMENT PROPOSED, OBJECTION

H. 3184 (Word version) -- Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.

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

Senator SHEHEEN proposed the following amendment (JUD3184.011), which was adopted:

Amend the committee report, as and if amended, by striking SECTION 9 on pages [3184-9 through 3184-11] and inserting:

/ SECTION 9. Section 1-23-660 of the 1976 Code is amended to read:

"Section 1-23-660. Any contested case docketed for hearing before a board or commission abolished by this act shall continue to be under the jurisdiction of such board or commission until the case reaches final disposition at a hearing, with any ruling or adjudication of the board or commission binding. The rules of procedure and review for such boards or commissions in effect on the date of filing of the pending action shall remain in effect until the final disposition of the pending action, other provisions of this chapter notwithstanding. Where a contested case pending before a board or commission abolished by this act is continued under the jurisdiction of such board or commission as provided in this section and where that board or commission is abolished as provided by this act, that board or commission notwithstanding such provision abolishing it shall nevertheless continue in existence for the sole purpose of conducting and bringing to final disposition all such cases. Where any member of that board or commission has assumed another office after the abolition of that board or commission, he shall be considered an ex officio member of his former board or commission for the purposes of this paragraph. Any member of a board or commission abolished who continues to serve in the manner and for the purposes provided by this paragraph is entitled to receive only that mileage, per diem, and subsistence paid to members of state boards, commissions, and committees. There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the Chief Judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the Chief Judge and shall perform such other functions and duties as the Chief Judge of the court shall prescribe. All employees of the division shall serve at the will of the Chief Judge. The Chief Judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-580(B), the Administrative Law Court must hire and supervise a law clerk or other assistant solely to assist the judges who hear Department of Motor Vehicle Hearing appeals with the administration of those appeals. The law clerk or other assistant must be selected by a majority of the judges who hear Department of Motor Vehicle Hearing appeals. The position must be funded from the appropriations to hear cases from the Department of Motor Vehicles and shall be filled before the support staff of the division shall assume their functions and duties with the court.

The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.

Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the Chief Judge. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the Chief Judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. The Chief Judge shall not hear any appeals from these decisions. Nonetheless, the Chief Judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."/

Amend title to conform.

Senator SHEHEEN explained the perfecting amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD3184.009), 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 1-13-90(c)(19) of the 1976 Code is amended to read:

"(19)(i) If an application for review is made to the commission within fourteen days from the date ~~when~~ the order of the commission ~~shall have been~~ is given, the commission ~~shall~~, for good cause shown, shall review the order and evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the order.

(ii) The order of the commission, as provided in item (16) of subsection (c) of this section, if not reviewed in due time, or an order of the commission upon ~~such~~ review, as provided for in subitem (i) of item (19) of this subsection, ~~shall be~~ is conclusive and binding as to all questions of fact unless clearly erroneous in view of the reliable, probative, and substantive evidence in the whole record. Either party to the dispute ~~may~~, within thirty days after receipt of notice to be sent by registered mail of ~~such~~ the order~~, but not thereafter,~~ may appeal ~~from~~ the decision of the commission to the ~~court of common pleas of the county in which the hearing occurred, or in which the respondent resides or has his principal office~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). In case of an appeal from the decision of the commission, ~~such~~ the appeal ~~shall operate~~ operates as a supersedeas for thirty days only, unless otherwise ordered by the ~~court~~ administrative law judge, and ~~thereafter~~ the respondent ~~shall be~~ is required to comply with the order involved in the appeal or certification until the questions at issue ~~therein shall have been~~ are fully determined in accordance with the provisions of this chapter.

(iii) The commission may institute a proceeding for enforcement of its order of item (16) of subsection (c) of this section, or its amended order of subitem (i) of item (19) of this subsection after thirty days from the ~~day~~ date of ~~such~~ the order, by filing a ~~petition~~ notice of appeal in the court of common pleas of the county in which the hearing occurred, or ~~wherein~~ where ~~any~~ a person required in the order to cease and desist from a practice which is the subject of the commission's order, or to take other affirmative action, resides, or transacts business.

If no appeal ~~under~~ pursuant to subitem (ii) of item (19) of this subsection is initiated, the commission may obtain a decree of the court for enforcement of its order upon a showing that a copy of the petition for enforcement was served upon the party subject to the dictates of the commission's order."

SECTION 2. Section 1-23-320 of the 1976 Code, as last amended by Act 359 of 1998, is further amended by adding the following new lettered subsection to read:

"(j) Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence."

SECTION 3. Section 1-23-380 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 1-23-380. (A) A party who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article, Article 1, and Article 5. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. Except as otherwise provided by law, an appeal is to the court of appeals.

(1) Proceedings for review are instituted by serving and filing ~~a petition in the circuit court~~ notice of appeal as provided in the South Carolina Appellate Court Rules within thirty days after the final decision of the agency or, if a rehearing is requested, within thirty days after the decision ~~thereon~~ is rendered. Copies of the ~~petition~~ notice of appeal ~~shall~~ must be served upon the agency, the Administrative Law Court, and all parties of record.

(2) ~~The~~ Except as otherwise provided in this chapter, the serving and filing of the ~~petition~~ notice of appeal does not itself stay enforcement of the agency decision. The serving and filing of a notice of appeal by a licensee for review of a fine or penalty or of its license stays only those provisions for which review is sought and matters not affected by the notice of appeal are not stayed. The serving or filing of a notice of appeal does not automatically stay the suspension or revocation of a permit or license authorizing the sale of beer, wine, or alcoholic liquor. The agency or administrative law judge may grant, or the reviewing court may order, a stay upon appropriate terms, upon the filing of a petition under Rule 65 of the South Carolina Rules of Civil Procedure.

~~(3)~~ Within thirty days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

~~(4)~~(3) If~~, before the date set for hearing,~~ a timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file ~~that~~ the evidence and ~~any~~ modifications, new findings, or decisions with the reviewing court.

~~(5)~~(4) The review ~~shall~~ must be conducted by the court ~~without a jury~~ and ~~shall~~ must be confined to the record. In cases of alleged irregularities in procedure before the agency or the Administrative Law Court, not shown in the record, and established by proof ~~thereon may be taken in~~ satisfactory to the court, the case may be remanded to the agency or the Administrative Law Court for action as the court considers appropriate. ~~The court, upon request, shall hear oral argument and receive written briefs.~~

~~(6)~~(5) The court ~~shall~~ may not substitute its judgment for ~~that~~ the judgment of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(a) in violation of constitutional or statutory provisions;

(b) in excess of the statutory authority of the agency;

(d) affected by other error of law;

(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(B) Review by an administrative law judge of a final decision in a contested case ~~decided by a professional and occupational licensing board within the Department of Labor, Licensing, and Regulation~~, heard in the appellate jurisdiction of the Administrative Law Court, ~~shall~~ must be ~~done~~ in the same manner prescribed in subsection (A) for ~~circuit court~~ judicial review of final agency decisions, with the presiding administrative law judge exercising the same authority as the ~~circuit court~~ court of appeals; provided, ~~however,~~ that a party aggrieved by a final decision of an administrative law judge ~~in such a case~~ is entitled to judicial review of that decision by the ~~circuit court~~ court of appeals ~~under~~ pursuant to the provisions of subsection (A) ~~of this section~~ and ~~pursuant to~~ Section 1-23-610(C)."

SECTION 4. Section 1-23-390 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:

"Section 1-23-390. An aggrieved party may obtain a review of ~~any~~ a final judgment of the circuit court or the court of appeals ~~under~~ pursuant to this article by taking an appeal in the manner provided by the South Carolina Appellate Court Rules as in other civil cases."

SECTION 5. Section 1-23-540 of the 1976 Code is amended to read:

"Section 1-23-540. The chief judge (Seat 1) shall receive as annual salary equal to ~~ninety percent of~~ that paid to the ~~circuit~~ family court judges of this State. The remaining judges shall receive as annual salary equal to ~~eighty~~ ninety-five percent of that paid to the ~~circuit court judges of this State~~ chief judge (Seat 1). They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges. Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be a partner or associate with anyone engaged in the practice of law in this State."

SECTION 6. Section 1-23-600 of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:

"Section 1-23-600. (A) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony ~~shall~~ must be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless ~~the~~ confidentiality ~~thereof~~ is allowed or required by law.

(B) An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government as defined in Section 1-30-10 in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide ~~such~~ these cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, those matters arising under the Consolidated Procurement Code, those matters heard by the Public Service Commission, the Employment Security Commission, the Workers' Compensation Commission, or ~~those~~ other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by ~~law~~ statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court.

(C) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.

(D) An administrative law judge also shall preside over all ~~hearings of~~ appeals from final decisions of contested cases ~~before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380~~ pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the circuit court as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750.

(E) Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive relief as part of a civil action filed in the court of common pleas.

(F) Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review and enforce an administrative process issued by a department of the executive branch of government, as defined in Section 1-30-10, such as a subpoena, administrative search warrant, cease and desist order, or other similar administrative order or process. A department of the executive branch of government authorized by law to seek an administrative process may apply to the chief administrative law judge or his designee to issue or enforce an administrative process. A party aggrieved by an administrative process issued by a department of the executive branch of government may apply to the chief administrative law judge for relief from the process as provided in the Rules of the Administrative Law Court.

(G)(1) This subsection applies to timely requests for a contested case hearing pursuant to this section of decisions by departments governed by a board or commission authorized to exercise the sovereignty of the State.

(2) A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; matters not affected by the request may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements.

(3) The general rule of subsection (F)(2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.

(4) After a contested case is initiated before the Administrative Law Court, any party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection.

(5) A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court, the court of appeals, or in cases when Section 1-23-610(A) applies, the appropriate board or commission.

(6) Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court."

SECTION 7. Section 1-23-610 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-610. (A) For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, except the Department of Natural Resources, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the circuit court under the provisions of (A) of this section ~~and pursuant to Section 1-23-610(C)~~.

(B) For judicial review of ~~any~~ a final decision of an administrative law judge of cases ~~involving departments governed by the single director~~ in which review is not governed by subsection (A), including cases involving the Department of Natural Resources, a ~~petition~~ notice of appeal by an aggrieved party must be served and filed with the ~~Circuit~~ court of appeals as provided in the South Carolina Appellate Court Rules in civil cases and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.

(C) For judicial review of any final decision of an administrative law judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.

The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:

(a) in violation of constitutional or statutory provisions;

(b) in excess of the statutory authority of the agency;

(d) affected by other error of law;

(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(D) Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures, or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, ~~such~~ these appropriations or monies must continue to be used for these purposes after the effective date of this article."

SECTION 8. Section 1-23-650 of the 1976 Code, as last amended by Act 359 of 1998, is further amended to read:

"Section 1-23-650. (A) Rules governing the internal administration and operations of the ~~administrative law judge division shall~~ Administrative Law Court must be:

(1) proposed by the chief judge of the ~~division~~ court and adopted by a majority of the judges of the ~~division~~ court; or

(2) proposed by any judge of the ~~division~~ court and adopted by seventy-five percent of the judges of the ~~division~~ court.

(B) Rules governing practice and procedure before the ~~division~~ court which are:

(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and

(2) not otherwise expressed in Chapter 23 of, Title 1 ~~of the 1976 Code~~; ~~shall~~ upon approval by a majority of the judges of the ~~division~~ court must be promulgated by the ~~division,~~ court and ~~shall be~~ are subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution.

(C) All hearings before an administrative law judge must be conducted exclusively in accordance with the rules of procedure promulgated by the court pursuant to this section. All other rules of procedure for the hearing of contested cases or appeals by individual agencies, whether promulgated by statute or regulation, are of no force and effect in proceedings before an administrative law judge."

SECTION 9. Section 1-23-660 of the 1976 Code is amended to read:

"Section 1-23-660. Any contested case docketed for hearing before a board or commission abolished by this act shall continue to be under the jurisdiction of such board or commission until the case reaches final disposition at a hearing, with any ruling or adjudication of the board or commission binding. The rules of procedure and review for such boards or commissions in effect on the date of filing of the pending action shall remain in effect until the final disposition of the pending action, other provisions of this chapter notwithstanding. Where a contested case pending before a board or commission abolished by this act is continued under the jurisdiction of such board or commission as provided in this section and where that board or commission is abolished as provided by this act, that board or commission notwithstanding such provision abolishing it shall nevertheless continue in existence for the sole purpose of conducting and bringing to final disposition all such cases. Where any member of that board or commission has assumed another office after the abolition of that board or commission, he shall be considered an ex officio member of his former board or commission for the purposes of this paragraph. Any member of a board or commission abolished who continues to serve in the manner and for the purposes provided by this paragraph is entitled to receive only that mileage, per diem, and subsistence paid to members of state boards, commissions, and committees. There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions together with the appropriations relating to these positions are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the Chief Judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the Chief Judge and shall perform such other functions and duties as the Chief Judge of the court shall prescribe. All employees of the division shall serve at the will of the Chief Judge. The Chief Judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-50(B), each judge of the Administrative Law Court who hears appeals of decisions of the Division of Motor Vehicle Hearings is authorized to hire and supervise a law clerk or other assistant, as determined in the sole discretion of the judge. These positions must be funded from the appropriations to hear cases from the Department of Motor Vehicles and shall be filled before the support staff of the division shall assume their functions and duties with the court.

In addition to the assistant provided for in Section 1-23-580(B), each judge of the Administrative Law Court who hears appeals of decisions of the Division of Motor Vehicles Hearings is authorized to hire and supervise a law clerk or other assistant, as determined in the sole discretion of the judge. These positions must be funded from the appropriations to hear cases from the Department of Motor Vehicles, and shall be filled before the support staff of the division assumes their functions and duties with the Administrative Law Court.

The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.

SECTION 10. Section 8-13-320(10)(m) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(m) Within ten days after service of an order, report, or recommendation, a respondent may apply to the commission for a full commission review of the decision made by the commission panel. The review must be made on the record established in the panel hearings. This review is the final disposition of the complaint before the commission. An appeal to the ~~circuit court~~ court of appeals, pursuant to Section 1-23-380 and as provided in the South Carolina Appellate Court Rules, stays all actions and recommendations of the commission unless otherwise determined by the ~~circuit~~ court."

SECTION 11. Section 8-17-340(F) of the 1976 Code, as last amended by Act 284 of 1996, is further amended to read:

"(F) The decision of the committee members must be transmitted in writing to the employee and the employing agency and is final in terms of administrative review. As a result of this decision, either the covered employee or the agency may request a rehearing or reconsideration within thirty calendar days from receipt of the decision. ~~Petition for~~ A notice of appeal seeking ~~judicial~~ appellate review of the final decision may be made by the covered employee to the ~~court of common pleas of the county in which the covered employee's place of employment is located~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). Only after an agency submits a written request to the Office of Human Resources seeking approval of the board may the agency ~~initiate a petition for judicial~~ file a notice of appeal seeking appellate review to the ~~court of common pleas of the county in which the covered employee's place of employment is located~~ Administrative Law Court. However, the agency may perfect the ~~petition for judicial review~~ appeal only upon approval of the board. The covered employee or the agency who ~~initiates a petition for judicial~~ first files the notice of appeal seeking appellate review is responsible for preparation of a transcript and paying the costs of preparation of a transcript of the audio tapes of a hearing required for certification of the record to the ~~court of common pleas~~ Administrative Law Court. Neither the board nor the Office of Human Resources nor the State Human Resources Director nor the committee may be named in this ~~petition for judicial review~~ notice of appeal. However, any of these entities are entitled to make a motion in the ~~court of common pleas~~ Administrative Law Court to be allowed to intervene to participate in the ~~petition for judicial review~~ appeal for appropriate reasons including their interest in defending their policies."

SECTION 12. Section 9-21-70 of the 1976 Code, as added by Act 12 of 2003, is amended to read:

"Section 9-21-70. A claimant may appeal a final decision of the Administrative Law ~~Judge Division~~ Court in a case brought pursuant to this chapter to the ~~Richland County Court of Common Pleas~~ court of appeals pursuant to Section 1-23-380 and the South Carolina Appellate Court Rules. ~~Appeals of Administrative Law Judge Division decisions must be made in accordance with Section 1-23-610(C).~~ If a claimant brings an action covered by this chapter in the court of common pleas ~~other than an appeal of an Administrative Law Judge decision~~, the court must dismiss the case without prejudice."

SECTION 13. Section 11-35-4410 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

"Section 11-35-4410. (1) Creation. There is ~~hereby~~ created the South Carolina Procurement Review Panel which ~~shall be~~ is charged with the responsibility to review and determine de novo:

(a) requests for review of written determinations of the chief procurement officers ~~under~~ pursuant to Sections 11-35-4210 (6), 11-35-4220 (5), and 11-35-4230 (6); and

(b) requests for review of other written determinations, decisions, policies, and procedures ~~as arise~~ arising from or ~~concern~~ concerning the procurement of supplies, services, or construction procured in accordance with the provisions of this code and the ensuing regulations; provided that any matter which could have been brought before the chief procurement officers in a timely and appropriate manner ~~under~~ pursuant to Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, ~~shall~~ are not be the subject of review under this paragraph. Requests for review ~~under~~ pursuant to this paragraph ~~shall~~ must be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of such written determinations, decisions, policies, and procedures.

(2) Membership. The panel shall be composed of:

(a) [Deleted]

(b) [Deleted]

(d) the chairman, or his designee, of the Procurement Policy Committee;

(e) five members appointed by the Governor from the state at large who ~~shall~~ must be representative of the professions governed by this title including, but not limited to:

(i) goods and services.;

(ii) information technology procurements.;

(iii) construction.;

(iv) architects and engineers.;

(v) construction management.; and

(vi) land surveying services.;

(f) two state employees appointed by the Governor.

(3) Chairperson and Meetings. The panel shall elect a chairman from the members at large and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Five members present and voting shall constitute a quorum. At-large members of the panel ~~shall~~ must be paid per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. State employee members ~~shall~~ must be reimbursed for meals, lodging, and travel in accordance with current state allowances.

(4) Jurisdiction. (a) Notwithstanding the provisions of ~~Section 1-23-10, et seq.~~ Chapter 23, Title 1 or ~~any other~~ another ~~provisions~~ provision of law, the Administrative Procedures Act does not apply to administrative reviews conducted by either a chief procurement officer or the Procurement Review Panel. The Procurement Review Panel ~~shall be~~ is vested with the authority to:

~~(a)~~(i) establish its own rules and procedures for the conduct of its business and the holding of its hearings;

~~(b)~~(ii) issue subpoenas;

~~(c)~~(iii) interview any person it ~~deems~~ considers necessary; and

~~(d)~~(iv) record all determinations.

(b) A party aggrieved by a subpoena issued pursuant to this provision shall apply to the panel for relief.

(5) Procedure. Within fifteen days of receiving a grievance filed under Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6), or 11-35-4410(1)(b), the chairman shall convene the review panel to conduct an administrative review. The review panel shall record its determination within thirty days and shall communicate its decision to those involved in the determination. In the alternative, the chairman, within ten days, may appoint a hearing officer to conduct the administrative review and report his recommendations to the review panel for its determination. If a hearing officer is appointed, his report ~~shall~~ must be submitted to the review panel within ten days after his appointment, and the review panel must still record its decision within thirty days after being convened for this purpose.

(6) Finality. ~~The~~ Notwithstanding any other provision of law, including the Administrative Procedures Act, the decision of the Procurement Review Panel is final as to administrative review and may be appealed only to the circuit court ~~under~~. The standard of review is as provided by the provisions of the South Carolina Administrative Procedures Act. The filing of an appeal does not automatically stay a decision of the panel."

SECTION 14. Section 12-60-3370 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"Section 12-60-3370. Except as otherwise provided, a taxpayer shall pay, or post a bond for, all taxes, not including penalties or civil fines, determined to be due by the administrative law judge before appealing the decision to the ~~circuit~~ court of appeals. For property tax cases covered by Section 12-60-2140 or 12-60-2550, the taxpayer need pay only the amount assessed pursuant to the appropriate section."

SECTION 15. Section 12-60-3380 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"Section 12-60-3380. Except as otherwise provided in this chapter, a party may appeal a decision of the Administrative Law Judge Division to the ~~circuit court in Richland County, except that a resident of this State may elect to bring the action in the circuit court for the county of his residence~~ court of appeals. Appeal of a decision of the Administrative Law Judge Division must be made in accordance with Section 1-23-610(B)."

SECTION 16. Section 12-60-3390 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"Section 12-60-3390. If a taxpayer brings an action covered by this chapter in circuit court, ~~other than an appeal of an administrative law judge decision,~~ the circuit court shall dismiss the case without prejudice."

SECTION 17. Section 14-8-200 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:

"Section 14-8-200. (a) Except as limited by subsection (b) ~~below~~ and Section 14-8-260, the court ~~shall have~~ has jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit court, or family court, a final decision of an agency, or a final decision of an administrative law judge. This jurisdiction ~~shall be~~ is appellate only, and the court shall apply the same scope of review that the Supreme Court would apply in a similar case. The court ~~shall have~~ has the same authority to issue writs of supersedeas, grant stays, and grant petitions for bail as the Supreme Court would have in a similar case. The court, to the extent the Supreme Court may by rule provide for it to do so, ~~shall have~~ has jurisdiction to entertain petitions for writs of certiorari in post-conviction relief matters ~~under~~ pursuant to Section 17-27-100.

(b) Jurisdiction of the court ~~shall~~ does not extend to appeals of the following, the appeal from which ~~shall lie~~ lies of right directly to the Supreme Court:

(1) ~~any~~ a final judgment from the circuit court which includes a sentence of death;

(2) ~~any~~ a final ~~judgment from the circuit court~~ decision of the Public Service Commission setting public utility rates pursuant to Title 58;

(3) ~~any~~ a final judgment involving a challenge on state or federal grounds, to the constitutionality of a state law or county or municipal ordinance where the principal issue is one of the constitutionality of the law or ordinance; ~~provided,~~ however, in ~~any~~ a case where the Supreme Court finds that the constitutional question raised is not a significant one, the Supreme Court may transfer the case to the court for final judgment;

(4) ~~any~~ a final judgment from the circuit court involving the authorization, issuance, or proposed issuance of general obligation debt, revenue, institutional, industrial, or hospital bonds of the State, its agencies, political subdivisions, public service districts, counties, and municipalities, or any other indebtedness ~~now or hereafter~~ authorized by Article X of the Constitution of this State;

(5) ~~any~~ a final judgment from the circuit court pertaining to elections and election procedure;

(6) ~~any~~ an order limiting an investigation by a state grand jury ~~under~~ pursuant to Section 14-7-1630; and

(7) ~~any~~ an order of the family court relating to an abortion by a minor ~~under~~ pursuant to Section 44-41-33."

SECTION 18. Section 31-21-130(O) of the 1976 Code is amended to read:

"(O)(1) If an application for review is made to the commission within fourteen days from the date of the order of the commission ~~has been given~~, the commission, for good cause shown, shall review the order and evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the order.

(2) The order of the commission, as provided in subsection (L), if not reviewed in due time, or an order of the commission upon the review, as provided for in item (1), is conclusive and binding as to all questions of fact unless clearly erroneous in view of the reliable, probative, and substantive evidence in the whole record. Either party to the dispute, within thirty days after receipt of notice to be sent by registered mail of the order, but not after that time, may appeal from the decision of the commission to the ~~court of common pleas of the county in which the hearing occurred, or in which the respondent resides or has his principal office~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). In case of an appeal from the decision of the commission, the appeal ~~shall operate~~ operates as a supersedeas for thirty days only, unless otherwise ordered by the ~~court~~ administrative law judge, and after that the respondent is required to comply with the order involved in the appeal or certification until the questions at issue in it ~~have been~~ are determined fully in accordance with the provisions of this chapter.

(3) The commission may institute a proceeding for enforcement of its order of subsection (L), or its amended order of item (1) after thirty days from the ~~day~~ date of the order, by filing a petition in the court of common pleas of the county in which the hearing occurred, or where ~~any~~ a person against whom the order is entered resides or transacts business.

(4) If no appeal ~~under~~ pursuant to item (2) is initiated, the commission may obtain a decree of the court for enforcement of its order upon a showing that a copy of the petition for enforcement was served upon the party subject to the dictates of the commission's order."

SECTION 19. Section 33-56-140(C) of the 1976 Code, as last amended by Act 336 of 2000, is further amended to read:

"(C) In addition to other actions authorized by law, the Secretary of State, if he has reason to believe that one or more of the following acts or violations listed below has occurred or may occur, may bring an action before an administrative law judge to enjoin the charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, or other person from continuing the act or violation, or ~~doing any~~ committing other acts in furtherance of it, and for other relief as the court considers appropriate:

(1) a person knowingly and wilfully operates in violation of the provisions of this chapter;

(2) a person knowingly and wilfully makes a false statement in any registration application, statement, report, or other information required to be filed by this chapter;

(3) a person fails to file a registration statement, annual financial report, or other document required to be filed by this chapter;

(4) a person is using in the solicitation or collection of contributions any device, scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;

(5) the officers or representatives of a charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer refuse or fail, after notice, to produce records of the organization; or

(6) the funds raised by solicitation activities are not devoted to the charitable purposes of the charitable organization."

SECTION 20. Section 33-56-140(E) of the 1976 Code, as last amended by Act 336 of 2000, is further amended to read:

"(E) A person ~~that~~ who is assessed an administrative fine ~~or enjoined from any solicitation activity for any violation of this chapter~~, has had his registration suspended, or ~~that~~ who is denied registration has thirty days from receipt of certified notice from the Secretary of State to pay the fine or request an evidentiary hearing before an administrative law judge. A If a person ~~who~~ fails to remit fines or request a hearing after the required notice is given and after thirty days from the date of receipt of certified notice has elapsed ~~may be enjoined~~ the Secretary of State may suspend his registration pending final resolution and may bring action before the administrative law judge to enjoin the person from engaging in further charitable solicitation activities in this State ~~and may have its registration suspended pending final resolution~~. A person may appeal an adverse ruling from an evidentiary hearing to the circuit court. An appeal to the circuit court is governed by the standard of review provided in the Administrative Procedures Act and case law interpreting that provision The decision of the administrative law judge may be appealed as provided in Section 1-23-610."

SECTION 21. Section 39-37-100 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:

"Section 39-37-100. The action of the Department of Agriculture in refusing to grant a license or in revoking or suspending a license ~~shall be~~ is subject to review by the ~~court of common pleas in the county in which the aggrieved party resides~~ Administrative Law Court according to its appellate rules as provided in Sections 1-23-380(B) and 1-23-600(D). ~~Any~~ An appeal from the decision of the ~~circuit court shall~~ Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules."

SECTION 22. Section 41-35-750 of the 1976 Code is amended to read:

"Section 41-35-750. Within ~~the time specified by the South Carolina Administrative Procedures Act~~ thirty days from the date of mailing of the commission's decision, a party to the proceeding whose benefit rights or whose employer account may be affected by the commission's decision may secure judicial review of the decision by commencing an action in the court of common pleas, either in the county in which the employee resides or the county in which he was last employed, against the commission for the review of its decision, in which action every other party to the proceeding before the commission must be made a defendant. In this action a petition, which need not be verified but which must state the grounds upon which a review is sought, must be served upon a member of the commission or upon a person as the commission may designate within the time specified by ~~the South Carolina Rules of Civil Procedure governing these appeals~~ this section. Service is deemed complete service on all parties, but there must be left with the person served as many copies of the petition as there are defendants, and the commission promptly shall mail one copy to each defendant. With its answer the commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter and its findings of fact and decision. The commission also may certify to the court questions of law involved in any decision by the commission. In a judicial proceeding under this chapter, the findings of the commission as to the facts, if supported by evidence and in the absence of fraud, must be conclusive and the jurisdiction of the court must be confined to questions of law. These actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under the Workers' Compensation laws of this State. An appeal may be taken from the decision of the court of common pleas in the manner provided by the South Carolina Appellate Court Rules. It is not necessary in a judicial proceeding under this article to enter exceptions to the rulings of the commission, and no bond is required for entering the appeal. Upon the final determination of the judicial proceeding, the commission shall enter an order in accordance with the determination. In no event shall a petition for judicial review act as a supersedeas or stay unless the commission orders a supersedeas or stay."

SECTION 23. Section 43-25-90 of the 1976 Code is amended to read:

"Section 43-25-90. ~~Every~~ A person aggrieved by an action of the commission ~~shall~~ must be granted, upon request, a hearing before a hearing officer assigned by the commission. The hearing officer ~~shall~~ may not be a member of the commission. The hearing officer ~~shall have~~ has the authority to conduct hearings, to issue subpoenas requiring the attendance of witnesses and the production of records and other documents, to administer oaths and to take testimony. An appeal may be taken from the decision of the hearing officer to the Commission for the Blind. The commission shall hold a hearing on the matter which ~~shall~~ must be attended by at least three members. An appeal may be taken from the decision of the commission to the ~~court of common pleas for the county where the appellant resides and the matter shall be heard de novo in the court as a matter of equity~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The appellant ~~shall~~, within ~~ten~~ thirty days after notice of the decision of the commission, shall serve notice of appeal upon the chairman of the commission, stating grounds upon which the appeal is founded and file ~~such~~ the notice with ~~the Clerk of court to which such appeal is taken~~ the Administrative Law Court in accordance with its rules of procedure. ~~Such~~ The appeal ~~shall act~~ acts as a supersedeas until it is finally determined. ~~The clerk of court shall place the case upon the docket for trial.~~"

SECTION 24. Section 45-9-75 of the 1976 Code, as added by Act 423 of 1990, is amended to read:

"Section 45-9-75. The final decision or order of the panel must be in writing and ~~shall~~ must include the findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, ~~shall~~ must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The panel must list licenses or permits to be revoked in its order. No finding or conclusion may be included in the order of the panel unless it is supported by substantial evidence in the record before the panel.

The commission ~~must~~ shall send copies of the final order of determination to each party named in the complaint, ~~any~~ all ~~attorney~~ attorneys of record, and ~~any~~ other interested ~~party~~ parties within fifteen days of the conclusion of the hearing.

Notwithstanding ~~any other~~ another provision of law, the determination by the panel is not subject to appeal to the full commission and is the final administrative ~~review~~ action. ~~Any appeal~~ Appeal must be ~~made pursuant~~ to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and then judicial review as provided in Sections 1-23-380 and 1-23-390."

SECTION 25. Section 46-3-220 of the 1976 Code is amended to read:

"Section 46-3-220. ~~Any~~ An order, decision, or other official act which revokes a registration or license issued by the commissioner, may be appealed by ~~any~~ a person concerned ~~to the circuit court of the county of Richland, or the circuit court of the county of residence of the person whose license has been thusly adversely affected. Such appeal may be effected~~ by filing a notice of appeal with the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and by serving the commissioner or someone of discretion at his office, within ~~sixty~~ thirty days after receipt of written notice of the order, decision, or official act affecting the registration or license of the person concerned~~, notice of appeal~~. ~~The notice of appeal shall state the grounds upon which it is founded.~~ The commissioner, within thirty days after service of the notice of appeal, shall make a return to the ~~circuit court, giving copies of all documents and orders and a transcript of the testimony taken~~ Administrative Law Court as provided in its appellate rules."

SECTION 26. Section 46-9-90(B) of the 1976 Code, as last amended by Act 389 of 1992, is further amended to read:

"(B) The director after opportunity for a hearing may deny, suspend, modify, or revoke a license or certificate for a violation of state or federal law or regulation. In addition to denial, suspension, revocation, or modification of a license or certificate or other penalty set forth in this chapter, the license or certificate holder who violates this chapter or another chapter under the cognizance of the commission may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a license or certificate against which a civil penalty has been imposed if the license or certificate holder has not satisfied the penalty within thirty days after the license or certificate holder receives notification of the final decision of the director to impose the penalty. The license or certificate holder is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the license or certificate holder had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. ~~The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension.~~ A determination by the director is final unless within thirty days after the receipt of the notice of final determination the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension."

SECTION 27. Section 47-4-130(B) of the 1976 Code, as last amended by Act 362 of 1994, is further amended to read:

"(B) The director, after opportunity for a hearing, may deny, suspend, modify, or revoke a permit for a violation of state or federal law or regulation or duly published requirements of the commission. In addition to denial, suspension, revocation, or modification of a permit or other penalties set forth in this chapter, the permittee who violates the provisions in subsection (A) may be assessed a civil penalty by the director of not more than one thousand dollars for each violation. Each day a violation continues constitutes a separate violation. The director may suspend a permit against which a civil penalty has been imposed if the permittee has not satisfied the penalty within thirty days after the permittee receives notification of the final decision of the director to impose the penalty. The permittee is entitled to a hearing on the suspension, but the suspension remains in effect pending the hearing and the decision of the director. Matters considered by the hearing officer are limited to whether a duly issued final order of the director existed, whether the permittee had notice of the final order, and whether the assessed penalty was paid within thirty days of the notice. ~~The filing of a judicial appeal does not act as an automatic stay of enforcement of the civil penalty or of the suspension.~~ A determination by the director is final unless within thirty days after the receipt of the notice of final determination the person adversely affected appeals to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The filing of a judicial appeal does not act as an automatic stay of enforcement of the suspension."

SECTION 28. Section 47-17-50 of the 1976 Code is amended to read:

"Section 47-17-50. ~~(a)~~(A) Each shipping container of ~~any~~ meat, meat food product, or meat by-product inspected ~~under~~ pursuant to the authority of this article and found to be wholesome and not adulterated, ~~shall~~ must at the time ~~such~~ the product leaves the official establishment, bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. Each immediate container of ~~any~~ meat, meat food product, or meat by-product inspected under the authority of this article and found to be wholesome and not adulterated, ~~shall~~ must at the time ~~such~~ the product leaves the official establishment, bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients if fabricated from two or more ingredients, including a declaration as to artificial flavors or colors, if any, the net weight or other appropriate measure of the contents, the name and address of the processor, and the approved plant number of the official establishment in which the contents were processed. The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed. Each livestock carcass and each primal part of ~~such a~~ the carcass shall bear the official inspection mark and approved plant number of the establishment. The director, ~~may~~ by rules or regulations, may require additional marks or label information to appear on livestock carcasses or its parts ~~thereof~~, meat food products, or meat by-products when they leave the official establishments or at the time of their transportation or sale in this State, and he may permit reasonable variations and grant exemptions from the marking and labeling requirements of this paragraph in any manner not in conflict with the purposes of this article. Marks and labels required under this paragraph ~~shall~~ may be applied only by, or under the supervision of an inspector.

~~(b)~~(B) The use of any written, printed, or graphic matter upon or accompanying any livestock carcass, or ~~part thereof~~ its parts, meat food product, or meat by-product inspected or required to be inspected pursuant to the provisions of this article, or the container ~~thereof,~~ which is false or misleading in any particular is prohibited. No livestock carcasses or its parts, ~~thereof~~ meat food products, or meat by-products inspected or required to be inspected pursuant to the provisions of this article ~~shall~~ may be sold or offered for sale by ~~any~~ a person under any false or deceptive name; but established trade names which are usual to ~~such~~ those articles and which are not false or deceptive and which ~~shall be~~ are approved by the director are permitted. If the director has reason to believe that ~~any~~ a label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in ~~such~~ a manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the label does not accept the determination of the director, he may request a hearing, but the use of the label, ~~shall,~~ if the director so directs, must be withheld pending hearing and final determination by the director. ~~Any such~~ A determination by the director ~~shall be~~ is conclusive unless within thirty days after the receipt of notice of ~~such~~ the final determination the person adversely affected ~~thereby~~ appeals to the ~~court of common pleas or county court of the county in which he has his principal place of business~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."

SECTION 29. Section 47-19-60 of the 1976 Code is amended to read:

"Section 47-19-60. ~~(a)~~(A) All poultry products inspected at ~~any~~ an official establishment under the authority of this chapter and found to be not adulterated ~~shall,~~ at the time they leave the establishment, must bear in distinctly legible form on their shipping containers and immediate containers, as the director may require, the information required by this chapter. In addition, the director, whenever he determines ~~such~~ action is practicable and necessary for the protection of the public, may require nonconsumer-packaged carcasses at the time they leave the establishment to bear directly ~~thereon~~ in distinctly legible form any information required ~~under~~ by this chapter.

~~(b)~~(B) The director, whenever he determines ~~such~~ action is necessary for the protection of the public, may prescribe:

(1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marking or otherwise labeling ~~any~~ the articles or poultry subject to this chapter;

(2) definitions and standards of identity or composition for articles subject to this chapter and standards of fill of container for ~~such~~ the articles not inconsistent with ~~any such~~ standards established under the Federal Food, Drug and Cosmetic Act, or under the Federal Poultry Products Inspection Act, and there ~~shall~~ must be consultation between the director and the Secretary of Agriculture of the United States prior to the issuance of ~~such~~ these standards to avoid inconsistency between such standards and the federal standards.

~~(c)~~(C) No article subject to this chapter ~~shall~~ may be sold or offered for sale by ~~any~~ a person in intrastate commerce, under ~~any~~ a name or other marking or labeling which is false or misleading or in ~~any~~ a container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the director are permitted.

~~(d)~~(D) If the director has reason to believe that ~~any~~ the marking or labeling or the size or form of ~~any~~ a container in use or proposed for use with respect to ~~any~~ the article subject to this chapter is false or misleading in any particular, he may direct that ~~such~~ the use be withheld unless the marking, labeling, or container is modified in ~~such~~ a manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the director, ~~such~~ the person may request a hearing, but the use of the marking, labeling, or container ~~shall~~, if the director so directs, must be withheld pending hearing and final determination by the director. ~~Any such~~ A determination by the director ~~shall be~~ is conclusive unless, within thirty days after receipt of notice of ~~such~~ the final determination, the person adversely affected ~~thereby~~ appeals to the ~~court of common pleas for the county in which the person has his principal office or in any county in which he does business~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."

SECTION 30. Section 48-20-160 of the 1976 Code, as last amended by Act 8 of 1997, is further amended to read:

"Section 48-20-160. (A) ~~Whenever~~ If the department believes a violation of this chapter, a regulation promulgated ~~under~~ by it, or the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of that fact upon the operator, specifying the facts constituting the apparent violation and informing the operator of his right to a hearing at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice, unless the department and the operator mutually agree on another date. The operator may appear at the hearing, either personally or through counsel, and present evidence he desires in order to prove that no violation has taken place or exists. If the operator or his representative does not appear at the hearing, or if the department following the hearing finds that there has been a violation, the department may suspend the permit until the violation is corrected or may revoke the permit where the violation appears to be wilful.

(B) The effective date of a suspension or revocation is sixty days following the date of the decision. An appeal to the council ~~under~~ pursuant to Section 48-20-190 stays the effective date until the council's decision. A further appeal to the ~~court of common pleas~~ Administrative Law Court ~~under~~ pursuant to Section 48-20-200 stays the effective date until the date of the ~~court judgment~~ administrative law judge's final decision. If the department finds at the time of its initial decision that a delay in correcting a violation may result in imminent peril to life or danger to property or to the environment, it shall initiate promptly a proceeding for injunctive relief ~~under~~ pursuant to Section 48-20-230. The pendency of an appeal from a suspension or revocation of a permit has no effect upon the action.

(C) An operator whose operating permit ~~has been~~ is suspended or revoked ~~must~~ shall be denied a new permit or a reinstatement of the suspended permit to engage in mining until he gives evidence satisfactory to the department of his ability and intent to comply fully with the provisions of this chapter, regulations promulgated ~~under~~ by it, and the terms and conditions of his permit, including the approved reclamation plan, and that he has corrected satisfactorily all deficiencies or previous violations.

(D) A general permit, as provided for in Section 48-20-55, may be revoked or suspended if the operator is cited for violations of this chapter, a regulation promulgated ~~under~~ by it, or the terms and conditions of that general permit. If this authority is suspended or revoked and mining is ordered to be stopped pursuant to Section 48-20-220, the operator whose eligibility to mine under a general permit that has been suspended or revoked ~~must~~ shall be denied further eligibility under that or other general permits or an individual operation permit until satisfactory evidence is presented to the department that the operation intends to comply fully with the provisions of this chapter, regulations promulgated under it, and the terms and conditions of his permit, including satisfactorily correcting all deficiencies or previous violations."

SECTION 31. Section 48-20-190 of the 1976 Code, as last amended by Act 454 of 1990, is further amended to read:

"Section 48-20-190. An applicant for a certificate of exploration or operating permit or a person who is aggrieved and is directly affected by the permit may appeal to the council from a decision or determination of the department issuing, refusing, modifying, suspending, revoking, or terminating a certificate of exploration or operating permit or reclamation plan, or imposing a term or condition on the certificate, permit, or reclamation plan. An explorer or operator may appeal to the council from a decision or determination of the department issuing a notice of deficiencies or violations and administrative fees or assessing civil penalties. The person taking the appeal within thirty days after the department's decision shall give written notice to the council through its secretary that he desires to appeal and ~~filing~~ file a copy of the notice with the department at the same time. If more than one appeal regarding the same certificate, permit, or reclamation plan is filed with the council within the thirty-day period following the decision by the department, the council may consolidate the hearing and review of the appeals by the council. The chairman of the council shall fix a reasonable time, not less than twenty nor more than forty days from the receipt of the appeal, and place for a hearing, giving reasonable notice to the applicant, appellant, and to the department. The council, or a committee of the council designated by the council's rules of procedure, or if agreed by appellant, the council, the operator, and the department, a hearing panel consisting of one or more individuals shall conduct a full and complete hearing as to the matters in controversy, and within thirty days shall give a written decision setting forth its findings of fact and its conclusions. The council or its designated committee or the hearing panel may affirm, affirm with modifications, or overrule the decision of the department and may direct the department to take action required to effectuate its decision. A further appeal may be taken from the appellate decision to the ~~court of common pleas~~ Administrative Law Court as provided in Section 48-20-200."

SECTION 32. Section 48-20-200 of the 1976 Code, as added by Act 454 of 1990, is amended to read:

"Section 48-20-200. An appeal to the ~~courts~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) may be taken from any decision of the council, or its designated committee or the hearing panel~~, in the manner provided by Chapter 7 of Title 18~~. An appeal also may lie against the department's refusal to release part or all of a bond or other security posed ~~under~~ pursuant to Section 48-20-110 as provided in Section 48-20-130. ~~The appeal may be filed in the court of common pleas for Richland County or for the county in which the mining operation is to be conducted.~~"

SECTION 33. Section 48-39-150(D) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(D) ~~Any~~ An applicant having a permit denied or ~~any~~ a person adversely affected by the granting of the permit has the right of direct appeal from the decision of the administrative law judge ~~to the Coastal Zone Management Appellate Panel~~ pursuant to Section 1-23-610. ~~Any~~ An applicant having a permit denied may challenge the validity of any or all reasons given for denial."

SECTION 34. Section 54-3-470 of the 1976 Code is amended to read:

"Section 54-3-470. ~~Any such~~ A person may appeal from ~~any~~ an order, ruling, or requirement of the authority ~~under~~ pursuant to this article to the court of common pleas for Charleston County, to be heard and determined by the presiding judge thereof as if tried de novo before him. The judge shall pass upon and determine the reasonableness of such order, ruling or requirement and such Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The appeal shall stay the execution of ~~any~~ an order, ruling, or requirement ~~appealed from~~. No fines or penalties imposed by the authority ~~shall be~~ are operative or commence to run until the final determination of ~~such~~ the appeal."

SECTION 35. Section 55-5-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 55-5-230. ~~Any~~ A person against whom an order ~~has been~~ is entered may appeal within ~~ten~~ thirty days after the service ~~thereof appeal~~ to the ~~circuit court of the county in which the property affected by the order is located~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) for the purpose of having the reasonableness or lawfulness of the order inquired into and determined."

SECTION 36. Section 55-5-240 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 55-5-240. The person taking the appeal shall file the notice of ~~intention to~~ appeal ~~with the grounds thereof~~ in the office of the Clerk ~~of such circuit court, and summons shall thereupon be issued by the clerk and shall be served~~ with the Administrative Law Court and serve a copy ~~upon~~ on the director or his designee and all other parties of record. Upon the filing of the notice of intention to appeal with the grounds thereof, the appeal shall be docketed for trial no less than ten days or more than thirty days after the service of the summons and shall be tried by the circuit court without formal pleadings in term time or in vacation. Upon trial of the appeal the court shall hear evidence as to matters concerning the order in question, the condition of the property in question and the manner of its operation and appellate review, the administrative law judge shall enter ~~judgment~~ an order either affirming or setting aside the order of the ~~division~~ court; or ~~the court~~ may remand the matter to the ~~division~~ court for further hearing. The filing of the notice of ~~intention to~~ appeal ~~with the grounds thereof shall operate~~ operates as a supersedeas."

SECTION 37. Section 55-5-250 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 55-5-250. If no appeal is taken from the order of the division of aeronautics within the period fixed, the party against whom the order ~~was~~ is entered ~~shall be~~ is deemed to have waived the right to have the reasonableness or lawfulness of the order reviewed by the ~~court~~ Administrative Law Court, and there ~~shall~~ may be no trial of that issue in ~~any~~ a court in which suit may be instituted for the penalty for failure to comply with the order."

SECTION 38. Section 55-8-20 of the 1976 Code is amended to read:

"Section 55-8-20. (a) The agency shall administer and enforce the provisions of this chapter and may promulgate regulations necessary for its administration, which ~~shall~~ become effective pursuant to ~~Sections 1-23-10 et seq~~ Chapter 23, Title 1.

(b) The agency shall provide for hearings upon request of ~~any~~ a person who may be affected by its orders or acts ~~under~~ pursuant to the provisions of this chapter and may provide for a stay ~~thereof~~ until a hearing may be ~~had~~ held.

~~Any~~ A person aggrieved by ~~any~~ an order or act of the agency ~~hereunder~~ may have ~~judicial~~ appellate review ~~thereof~~ by appeal to the ~~circuit court~~ Administrative Law Court by the filing of ~~written~~ a notice of appeal ~~with the grounds thereof~~ with the ~~agency and the circuit court~~ Administrative Law Court within ~~ten~~ thirty days after the order or act becomes final in accordance with its rules of procedure. The agency shall transmit to the court the original or a certified copy of the entire record of the proceeding under review, including a transcript of any oral testimony taken at the hearing, at the cost of the appellant. By order of court or by stipulation of all parties to the appeal, the record may be shortened by the elimination of any portion thereof. The ~~court~~ Administrative Law Court shall determine whether the filing of the appeal ~~shall operate~~ as a stay of ~~any such~~ an order or act of the agency and the terms of ~~such~~ the stay. The court may, in disposing of the issues before it, affirm, modify or reverse the order or act of the agency in whole or in part and may enter its own order or may reverse and remand the cause for further proceedings by the agency."

SECTION 39. Section 56-5-2952 of the 1976 Code, as last amended by Act 61 of 2003, is further amended to read:

"Section 56-5-2952. The filing fee to request ~~an administrative hearing~~ pursuant to Section 56-5-2951 or 56-1-286 for a person whose driver's license has been suspended for either his refusal to submit to a breath test or registering an alcohol concentration greater than the existing lawful limit, or any ~~other~~ administrative hearing before the ~~Department of Motor Vehicles~~ Division of Motor Vehicle Hearings of the Administrative Law Court, is one hundred fifty dollars, or as otherwise prescribed by the rules of procedure for the Administrative Law Court. Funds generated from the collection of this fee ~~must be used~~ shall be retained by the ~~Office of Administrative Hearings of the Department of Motor Vehicles~~ Administrative Law Court ~~to defray the costs of scheduling and conducting administrative hearings~~."

SECTION 40. Section 58-5-330 of the 1976 Code is amended to read:

"Section 58-5-330. Within twenty days after an order or decision ~~has been~~ is made by the commission, any party to the action or proceeding may apply for a rehearing ~~in respect~~ as to any ~~matters~~ matter determined in ~~such~~ the action or proceeding and specified in the application for rehearing and a rehearing ~~shall~~ must be granted if in the judgment of the commission sufficient reason ~~therefor be made to appear~~ exists. No ~~cause of action~~ right of appeal arising out of ~~any~~ an order or decision of the commission ~~shall accrue~~ accrues in any court to any corporation or person unless ~~such~~ the corporation or person ~~shall have made~~ makes application to the commission for a rehearing within the time ~~herein~~ specified. ~~Such~~ The application ~~shall~~ must set forth specifically the ground on which the applicant considers ~~such~~ the decision or order to be unlawful. ~~Such~~ The determination ~~shall~~ must be made by the commission within thirty days after it ~~shall be~~ is finally submitted. If, after ~~such~~ the hearing and a consideration of all the facts, including those arising since the making of the order or decision, the commission ~~shall be~~ is of the opinion that the original order or decision, or any part ~~thereof~~ of it, is in any respect unjust or unwarranted or should be changed, the commission may abrogate, change or modify it and, if changed or modified, ~~such~~ the modified order ~~shall~~ must be substituted in the place of the order originally entered and with like force and effect."

SECTION 41. Section 58-5-340 of the 1976 Code is amended to read:

"Section 58-5-340. ~~Decisions~~ A decision of the commission may be reviewed by the ~~court of common pleas~~ Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules upon questions of both law and fact, as ~~herein~~ provided pursuant to this section. Within thirty days after the application for a rehearing is denied or, if the application is granted, within thirty days after the rendition of the decision on rehearing the applicant may commence an action in the court of common pleas for Richland County against the Commission as defendant to vacate or set aside any such order of the Commission or enjoin the enforcement thereof on the ground that the authorization, consent, rate or rates, charges, fares, tolls and schedules fixed in such order are insufficient, unreasonable, unjust or unlawful or that any such regulation, practice, act or service fixed in such manner is unreasonable, unjust, insufficient or unlawful.

~~In any such action a copy of the complaint shall be served with the summons and no~~ No order of determination of the commission reducing any rate, fare, charge, or toll ~~shall~~ may be in force during the pendency of ~~such~~ the action if the utility affected ~~shall execute~~ executes and ~~file~~ files with the clerk of ~~said~~ court a bond undertaking in ~~such~~ a sum as the court ~~shall prescribe~~ prescribes, and ~~to be~~ approved by the court, conditioned to secure the refund to customers of any ~~sums~~ sum that may be collected in excess of the rates, fares, charges, or tolls that ~~shall be~~ are finally adjudged to be lawful and valid."

SECTION 42. Section 58-5-990 of the 1976 Code is amended to read:

"Section 58-5-990. ~~Any~~ A gas utility which is or will be adversely affected by ~~any~~ a rule or order of the commission adopted or established pursuant to this article may file an application for rehearing and ~~thereafter~~ may seek judicial review in accordance with provisions of ~~Sections~~ Section 58-5-340 ~~to 58-5-360~~."

SECTION 43. Section 58-9-1410 of the 1976 Code is amended to read:

"Section 58-9-1410. ~~Any~~ A party in interest ~~being~~ dissatisfied with an order of the commission may commence an action in the court of common pleas for Richland County against the Commission and other interested parties as defendants to vacate or set aside, either in whole or in part, any such order on the ground that the order is unlawful or unreasonable appeal to the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules. ~~But no cause of action~~ ~~shall accrue~~ No right of appeal accrues to vacate or set aside, either in whole or in part, ~~any~~ an order of the commission except an order on a rehearing, unless a petition to the commission for a rehearing ~~has been~~ is filed and refused or ~~deemed~~ considered refused because of the commission's failure to act ~~thereon~~ within twenty days. ~~For purposes of jurisdiction the residence of the Commission shall be deemed to be in Richland County.~~"

SECTION 44. Section 58-27-2310 of the 1976 Code is amended to read:

"Section 58-27-2310. ~~Any~~ A party in interest ~~being~~ dissatisfied with an order of the commission may commence an action in any court of competent jurisdiction against the Commission and other interested parties as defendants to vacate or set aside, either in whole or in part, any such order on the ground that the order is unlawful or unreasonable appeal to the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules. ~~But no cause of action shall accrue~~ No right of appeal accrues to vacate or set aside, either in whole or in part, ~~any~~ an order of the commission, except an order on a rehearing, unless a petition to the commission for a rehearing ~~has been~~ is filed and refused or ~~deemed~~ considered refused because of the commission's failure to act ~~thereon~~ within twenty days. Any action brought hereunder must be commenced within thirty days from the date of service of notice of the order of the Commission on a rehearing or of its refusal of a petition for rehearing, either by order or failure to act thereon within twenty days."

SECTION 45. Section 59-25-260 of the 1976 Code is amended to read:

"Section 59-25-260. The findings of fact by the State Board of Education ~~shall be~~ are final and conclusive. ~~The~~ A person aggrieved by the order of the State Board of Education, within thirty days ~~thereafter~~, may appeal to the ~~court of common pleas~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D), to review errors of law only, by filing with the Administrative Law Court and the State Board of Education notice of ~~such~~ appeal ~~and of the grounds thereof~~. The State Board of Education shall ~~within thirty days~~ ~~thereafter,~~ file a certified copy of the ~~transcript of~~ record with the ~~clerk of such court~~ Administrative Law Court in accordance with its rules of procedure. ~~Any~~ An appeal from the order of the ~~circuit court shall~~ Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules."

SECTION 46. Section 59-25-830 of the 1976 Code is amended to read:

"Section 59-25-830. The findings of fact by the State Board of Education ~~shall be~~ are final and conclusive as to all parties, but any party ~~thereto may~~, within thirty days ~~thereafter~~, may appeal to the ~~court of common pleas of the county in which the appeal arose~~ Administrative Law Court as provided in Sections 1-23-380(B) and Section 1-23-600(D), to review error of law only, by filing with the State Board of Education and the Administrative Law Court notice of the appeal and of the grounds for the appeal. The state board~~, within thirty days thereafter,~~ shall file a certified copy of the ~~transcript of~~ record with the ~~Clerk of such court~~ Administrative Law Court in accordance with its rules of procedure. ~~Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules~~ A party may have judicial review of the decision of the administrative law judge as provided by law."

SECTION 47. Section 59-40-90(D) of the 1976 Code is amended to read:

"(D) A final decision of the state board may be appealed by any party to the ~~circuit court for the county in which the proposed charter school is or was to have located~~ Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)."

SECTION 48. Section 59-58-120 of the 1976 Code is amended to read:

"Section 59-58-120. ~~Any~~ A person aggrieved by the final decision of the commission in refusing to issue a license or permit, or revoking or suspending a license or permit previously granted, is entitled to ~~the same judicial review under this chapter as provided in the Administrative Procedures Act concerning contested cases~~ appeal the commission's order to the Administrative Law Court in accordance with its appellate rules of procedure."

SECTION 49. This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling.

SECTION 50. Sections 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, and 58-27-2330 of the 1976 Code are repealed.

SECTION 51. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 52. If any section, subsection, item, subitem, paragraph, subparagraph, 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, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 53. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator SETZLER proposed the following amendment (MS\ 7557AHB05):

Amend the bill, as and if amended, by striking in its entirety Section 1-23-320(j), as contained in SECTION 2, page 3184-2, beginning on line 30, and inserting:

/ "(j) Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence; provided, however, that in contested case proceedings involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic cardiac catheterization equivalents in the previous year of operation." /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Point of Order

Senator PATTERSON raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.

The PRESIDENT Pro Tempore overruled the Point of Order.

Senator SETZLER spoke on the Bill.

Remarks by Senator SETZLER

Mr. PRESIDENT and ladies and gentlemen of the Senate, I am going to be brief because the Senator from Richland, which was a proper move, has placed his name on the Bill. I'm going to be very brief in what I say. The Senator from Cherokee was aware that we were trying to get to a posture to be able to deal with this issue. This is not some attempt to circumvent or run this by you secretly. We have been sitting all session long and the Senator from Cherokee knows that. Let me just say to you that we have a hospital in Lexington County that we are very proud of, and before you take some position that you think maybe we are trying to do something we shouldn't do, let me give you about two minutes of facts.

We do 1200 heart catheterizations per year at Lexington Medical Center. We are the only facility; there is not another facility in Lexington County that does that. What the State Health Plan says is that DHEC may grant you the authorization to do open heart surgery if you meet those two qualifications. I would submit to you that what we are doing is exactly what has been done in Aiken County - the Senator from Aiken led that fight because they deserved to do heart surgery in Aiken County - and this General Assembly gave them the ability to do that. I think the same thing, Senator from Florence, occurred in Florence County where they could not do it. Lexington made application; they were denied, and they are currently in the court process before the ALJ. We have met with Richland County, we have met with the other hospitals, and this is an issue that is not going to go away. We are not trying to do anything underhanded. I am here to tell you today that we will be back every single day in this General Assembly until we get what we think is a fair consideration -- that the citizens of Lexington County are entitled to have open heart surgery. They do more than the 1200 that are required; we're asking to be treated exactly like two other counties in this State were treated; we are willing to talk about it; we've been willing to talk about it; and all we get is postponement, postponement, postponement.

I submit to you that Lexington is acting in good faith. We have told the Senator from Cherokee what we were doing; we told DHEC what we were doing; we told Palmetto Richland what we were doing and we told Providence what we were doing. We have regional cooperation in the Lexington/Richland County area; we support them; we ask and beg you to support us, because regional cooperation does not flow one way; it flows both ways. And our citizens have an outstanding hospital in Lexington Medical Center. It is one of the premier hospitals in this State, and they have awakened a sleeping giant who is cooperating with everybody in trying to provide outstanding medical service and care to the citizens of this State. We are going to be back. We expected the Senator from Richland to put his name on the Bill and object; but we wanted to make this statement to you so that you know that we are not trying to pull anything. We didn't say it was a technical amendment, and every time we try to do it, it's going to be blocked. But I'm telling you, we are here to stay; we are not going away, and it's going to affect your county, because Orangeburg is in the same situation we are; shortly, they are going to reach the 1200. And there are other counties that are going to reach the 1200 shortly.

If somebody else objects, you may not get your authorization, so all we are asking is to sit down, talk to us, deal with us, treat us fairly and squarely just like we treat everybody else. I don't have an offense with the Senator from Richland for putting his name down; he's representing his people just like we are. But I do say to you that we ask that DHEC and the other hospitals sit down in good faith and understand that we are not going away, because we have a constituency to represent. And if it's fair to be done in other counties, then it's fair to be done in Lexington County likewise.

Senator from Cherokee, you asked for the explanation, and I think you'll admit that we came to you early on. We have not played any games with this. We have been straightforward with everybody involved in this process; and, again, I just want to make sure this Senate understands that we are not trying to pull anything on you. We want you to be informed. We will be back next year. If we find another Bill this year, I'll tell you now when it comes back from the House, whether it's on the Calendar, if it comes out of committee, we are going to put up an amendment. So, we ask you to educate yourself on that issue. Talk to your local hospital, because they may very clearly be in the same posture that we are in and you may be up here fighting for what you believe in. All we are doing is what we think is right for the people we represent. The hospital is in my Senate district, it's about five minutes from my home; and I see the outstanding quality of care that is provided, not only to Lexington County's residents, but also to citizens from the Midlands.

Thank you.

Senator from Greenville - Senator, did you know that there is a villain in this circumstance? I wanted to tell you - do you agree that the villain is not Richland County, the villain is not even DHEC nor any other hospital. Did you know that I believe the villain is an antiquated group of laws that we call a Certificate of Need? Faced with a Certificate of Need, DHEC has to enforce circumstances and laws that have passed their time many, many, many years ago. So, if you don't get your desires to meet the needs of Lexington County this go around, do you think it is a good idea to broaden the scope statewide, visit the Certificate of Need laws and get them a much needed revision? Do you think that's a good idea?

Senator SETZLER - Senator, I certainly think that's a good idea. I think we've got to do whatever it takes to look at the healthcare system so that we provide the best healthcare at the best cost we can for the citizens of this State regardless of where they are located. And I want it clear, I am not making any extension on Richland County. They are doing what they think they ought to do. Their hospitals are doing what they think they ought to do. Likewise, our hospital and our delegation are doing what we think we ought to do to protect our citizens. I hope, whether it is through the CON process, whether it is an amendment on this floor, whether it is a Bill - we just want to address the issue. We want to be given a fair shot and a fair hearing.

Thank you.

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

Senator PATTERSON spoke on the Bill.

PRESIDENT PRESIDES

At 2:55 P.M., the PRESIDENT assumed the Chair.

Senator PATTERSON objected to further consideration of the Bill.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

AMENDED, CARRIED OVER

S. 810 (Word version) -- Senators Martin, J. Verne Smith, Leventis, Hawkins, Fair, Anderson and Ryberg: A BILL TO AMEND SECTION 47-3-750 OF THE 1976 CODE, RELATING TO THE SEIZURE AND IMPOUNDMENT OF A DANGEROUS ANIMAL, TO PROVIDE THAT ANY DANGEROUS ANIMAL THAT ATTACKS A HUMAN BEING OR DOMESTIC ANIMAL MUST BE SEIZED AND IMPOUNDED WHILE ANY PROCEEDING PURSUANT TO THIS ARTICLE IS PENDING.

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

Senator VERDIN proposed the following amendment (810R003.LKG), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:

/ SECTION 1. Section 47-3-750 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:

"( ) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal has attacked a human being or domestic animal and caused bodily injury, the agent or officer must seize and impound the dangerous animal. After ten days following the seizure, the owner of the seized animal may petition the appropriate summary court for the release of the animal. The petition and notice of any hearing on the petition must be served on the county or municipality that seized the animal and the victim or the victim's representative. If the court determines after an appropriate hearing that probable cause did not exist to seize the animal, then the court must order the animal released to the owner. If the court determines after an appropriate hearing that probable cause did exist to seize the animal, then the county or municipality must continue to hold the animal while any charge for a violation of this article related to the attack is pending. If no charge related to the attack is brought within thirty days of the attack, then the animal must be released to the owner. If at any time the county or municipality responsible for the seizure determines that the seized animal was improperly identified or seized, then the animal must immediately be released to the owner./

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

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

AMENDMENT WITHDRAWN, CARRIED OVER

H. 3107 (Word version) -- Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.

Senator LEVENTIS proposed the following amendment (SWB\ 6462CM05), which was withdrawn:

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

/SECTION __. Article 1, Chapter 47, Title 40 of the 1976 Code is amended by adding:

"Section 40-47-215. (A) Notwithstanding the provisions of this article, or any other provision of law, the identity of a person filing a complaint with the board against a physician must remain anonymous unless the complainant waives his or her right to anonymity. However, if the Medical Disciplinary Commission finds that the complaint is without merit the physician may petition the Administrative Law Court to disclose the identity of the complainant.

(B) If a petition to disclose the identity of a complainant is filed with the Administrative Law Court, the court shall determine in camera if there is probable cause to believe that the complaint was made maliciously. If the court finds probable cause, the court shall disclose the identity of the complainant. /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER asked unanimous consent to withdraw the proposed amendment.

There was no objection.

The amendment was withdrawn.

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

AMENDMENT PROPOSED, CARRIED OVER

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.

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

Senator RICHARDSON proposed the following amendment (752R001.SHR):

Amend the committee amendment, as and if amended, by striking the amendment in its entirety and inserting:

// Amend the bill, as and if amended, page 1, Section 59-101-450(B), by striking lines 30-31 and inserting:

/ (B) By no later than July 1, 2007, a public institution of higher learning located in the State of South Carolina must not assign an /

Amend the bill further, as and if amended, page 1, Section 59-101-450(C), by striking lines 39-42 and inserting:

/ (C) Public institutions of higher learning located in the State of South Carolina that, prior to July 1, 2007, have assigned to a student an identification number identical to the social security number of the student must, by no later than July 1, 2007, replace the existing / //

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

Senator SETZLER spoke on the Bill.

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

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

MOTION ADOPTED

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CONCURRENCE

S. 321 (Word version) -- Senators Moore and Martin: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS; AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO PUBLICATION AND DISTRIBUTION OF OTHER MILITARY ROSTERS.

The House returned the Bill with amendments.

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

CONCURRENCE

S. 588 (Word version) -- Senators Martin, Thomas, Bryant, McConnell, Alexander, Hayes and Malloy: A BILL TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY; FACILITATION OF ELECTRONIC FILING; AND INVESTOR EDUCATION; TO AMEND SECTION 31-13-200, RELATING TO HOUSING AND REDEVELOPMENT NOTES AND BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE CONSUMER PROTECTION CODE; SECTION 38-90-440, AS AMENDED, RELATING TO THE STATE REGISTRATION OF A CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM SECURITIES ACT OF 2005.

The House returned the Bill with amendments.

Senator MARTIN explained the Bill.

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

CONCURRENCE

S. 607 (Word version) -- Senators Lourie, J. Verne Smith, Anderson, Hayes, Land, Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms, McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott, Thomas and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONSUMER CREDIT COUNSELING IN THIS STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A TRUST ACCOUNT WITH AT LEAST QUARTERLY ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR TRADE PRACTICES ACT.

The House returned the Bill with amendments.

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

CONCURRENCE

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.

The House returned the Bill with amendments.

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

CONCURRENCE

S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.

The House returned the Bill with amendments.

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

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160, RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70 AND 59-102-170, AS AMENDED, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; AND TO REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO APPEALS OF DECISIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS.

The House returned the Bill with amendments.

Senator SHEHEEN proposed the following amendment (JUD0095.003), which was adopted:

Amend the bill, as and if amended, by striking SECTION 15 in its entirety on pages 14 through 16 and inserting:

/ SECTION 15. Section 40-68-160 of the 1976 Code is amended to read:

"Section 40-68-160. (A) For the purposes of this section, 'conviction' includes a plea of guilty or nolo contendere or a finding of guilt.

(B) ~~Disciplinary action may be taken against a licensee by the department~~ The department may take disciplinary action against a licensee, or a person engaging in professional employer services without a license, on any of the following grounds:

(1) the conviction of a licensee or a controlling person of a licensee of bribery, fraud, or intentional or material misrepresentation in obtaining, attempting to obtain, or renewing a license;

(2) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the operation of a ~~staff leasing service~~ professional employer organization or the ability of the licensee or a controlling person of a licensee to operate a ~~staff leasing service~~ professional employer organization;

(3) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the classification, misclassification, or under-reporting of employees under the South Carolina Workers' Compensation Act;

(4) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the establishment or maintenance of a self-insurance program, whether health insurance, workers' compensation insurance, or other insurance;

(5) the conviction of a licensee or a controlling person of a licensee of a crime that relates to fraud, deceit, or misconduct in the operation of a ~~staff leasing service~~ professional employer organization;

(6) engaging in ~~staff leasing~~ professional employer services without a license;

(7) transferring or attempting to transfer a license issued ~~under~~ pursuant to this chapter;

(8) violating this chapter or ~~any~~ an order or regulation issued by the department ~~under~~ pursuant to this chapter;

(9) failing to notify the department, in writing, of the civil judgment or felony conviction of a controlling person not later than the thirtieth day after the date on which ~~that~~ the judgment or conviction is entered;

(10) failing to cooperate with an investigation, examination, or audit of the licensee's records conducted by the licensee's insurance company or its designee, as provided by the insurance contract or as authorized by law by the South Carolina Department of Insurance;

(11) failing to notify the department and the South Carolina Department of Insurance not later than the thirtieth day after the effective date of a change in ownership, principal business address, or the address of accounts and records;

(12) failing to correct a tax filing or payment deficiencies within a reasonable time as determined by the department;

(13) refusing, after reasonable notice, to meet reasonable health and safety requirements within the licensee's control and made known to the licensee by a federal or state agency;

(14) failing to correct a delinquency in the payment of the licensee's insurance premiums within a reasonable time;

(15) failing to correct a delinquency in the payment of an employee benefit plan premiums or contributions within a reasonable time; or

(16) knowingly or without sufficient inquiry, maintaining, sponsoring, offering, endorsing, or otherwise proffering self-insured, self-funded, or other employee benefit plans that are not licensed by the Department of Insurance;

(17) knowingly making a material misrepresentation to an insurance company, to the department, or other governmental agency;

(18) adverse final action by a state or federal regulatory agency for violations within the scope or control of the licensee;

(19) failure to inform the department in writing within thirty days of an adverse final action by a state or federal regulatory agency; or

(20) in case of a professional employer organization or group that has qualified for licensing pursuant to Section 40-68-55, the failure to notify the department within thirty days of any change in the status of its certification with the independent and qualified assurance organization.

~~(B)~~(C) Upon finding that a licensee has violated one or more provisions of this section, the department may:

(1) deny an application for a license;

(2) revoke, restrict, suspend, or refuse to renew a license;

(3) ~~may~~ impose an administrative penalty in an amount not less than one thousand dollars for each violation, but not more than fifty thousand dollars;

(4) issue a reprimand; or

(5) issue a cease and desist order; or

(6) place the licensee on probation for ~~the~~ a period and subject to conditions and restrictions that the department specifies.

~~(C)~~(D) On revocation, or suspension of a license, the licensee immediately shall return the ~~revoked~~ license to the department and may not.:

(1) solicit any new clients; or

(2) enter into or execute any additional contracts for professional employer services.

~~(D)~~(E) Disciplinary action, a denial of an application for a new or renewal license or, a revocation or suspension of a license, or a determination that a controlling person is unqualified may occur subject to the Administrative Procedures Act, with notice to, and an opportunity for a hearing by, the affected applicant, licensee, or controlling person. All contested hearings pursuant to this section are before the administrative law court.

~~(E)~~(F) If a license is revoked or renewal is denied, the affected licensee may request a reinstatement hearing after a minimum of one year. The department may reinstate or renew the license only if the cause of the nonrenewal or revocation has been corrected.

(G) A licensee who is found to be engaged in unlawful conduct may be assessed the reasonable costs necessary to the investigation, disciplinary proceedings, court proceedings, or other actions to enforce the provisions of this chapter." /

Amend the bill further, as and if amended, by striking SECTION 22 in its entirety on pages 19 and 20 and inserting:

/ SECTION 22. Section 1-23-660 of the 1976 Code is amended to read:

The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.

Amend title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED AND ADOPTED

H. 4159 (Word version) -- Reps. Wilkins, Merrill and Ott: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 2005, NOT LATER THAN 5:00 P.M., THE HOUSE OF REPRESENTATIVES AND THE SENATE MAY MEET IN STATEWIDE SESSION INDEPENDENTLY OR IN CONJUNCTION WITH THE OTHER HOUSE ON A TUESDAY AT 11:00 A.M. TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE OF THE SENATE IN REGARD TO THEIR RESPECTIVE HOUSES UNDER THE TERMS AND CONDITIONS ESTABLISHED HEREIN AND CONTINUING, IF NECESSARY, UNTIL THE FOLLOWING WEDNESDAY NOT LATER THAN 5:00 P.M., TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE UPON THE ADJOURNMENT OF THE AUTHORIZED STATEWIDE SESSIONS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE NOT LATER THAN 5:00 P.M. ON THE WEDNESDAY FOLLOWING THEIR CONVENING, TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED UNTIL THE EXTENDED SINE DIE ADJOURNMENT DATE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NOT LATER THAN 5:00 P.M. ON SEPTEMBER 15, 2005, WHETHER OR NOT THE ABOVE STATEWIDE SESSIONS OF THE HOUSE AND SENATE HAVE BEEN HELD.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

Amendment No. 1

Senator McCONNELL proposed the following amendment (JUD4159.002), which was adopted:

Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting therein the following:

/ (1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in statewide session after Thursday, June 2, 2005, in the manner authorized by this resolution. The Senate and House of Representatives agree that when the respective Houses of the General Assembly adjourn on Thursday, June 2, 2005, not later than 5:00 p.m., the General Assembly stands adjourned sine die as to all matters except as provided in this resolution.

(2) For purposes of Section 1-3-210 of the 1976 Code, the sine die adjournment date is Thursday, June 2, 2005.

(3) The mandatory sine die adjournment date of the General Assembly is extended to a revised sine die adjournment date, as authorized by law, not later than 5:00 p.m. on September 15, 2005, to consider the matters as provided in this resolution after which time the General Assembly shall stand adjourned sine die. During the period between June 2, 2005, and June 15, 2005, the House of Representatives, at the Speaker's sole discretion, and the Senate, at the President Pro Tempore's sole discretion, may meet in statewide session. On June 6, 7, 8, 9, and 10, 2005, the General Assembly shall convene solely for the purpose of receipt and consideration of gubernatorial vetoes, receipt of messages, consideration of resolutions expressing congratulations or sympathy, receipt, consideration, and confirmation of magisterial appointments, receipt and consideration of local legislation which has the unanimous consent of the affected delegation, and election of officers to fill any vacancies in offices in the House of Representatives or Senate.

(4) The Speaker of the House and the President Pro Tempore of the Senate may ratify acts at mutually convenient times between June 2, 2005, and June 15, 2005.

(5) The House of Representatives and Senate shall meet at 12:00 p.m. on Tuesday, June 14, 2005, and shall adjourn not later than 5:00 p.m. on the following Wednesday. This meeting of the respective Houses of the General Assembly shall be solely for the purpose of receipt and consideration of gubernatorial vetoes, receipt of messages, consideration of resolutions expressing congratulations or sympathy, receipt, consideration, and confirmation of magisterial appointments, receipt and consideration of local legislation which has the unanimous consent of the affected delegation, and election of officers to fill any vacancies in offices in the House of Representatives or Senate. When the House of Representatives and Senate adjourn not later than 5:00 p.m. on the following Wednesday, the General Assembly shall stand adjourned sine die; except that either House may meet in statewide session not later than 5:00 p.m. on September 15, 2005, for the sole purpose of election of officers to fill any vacancies in offices in the House of Representatives or Senate, and then the General Assembly shall stand adjourned sine die as of 5:00 p.m. on September 15, 2005.

(6) The statewide sessions of the House of Representatives and the Senate between June 15, 2005, and September 15, 2005, may occur independently of the other House and on separate dates or may occur in conjunction with the other House on the same dates. The decision as to when to convene a particular House and on what dates shall rest solely with the Speaker of the House in regard to the House and with the President Pro Tempore of the Senate in regard to the Senate.

(7) The Speaker shall notify all members of the House of Representatives via United States Postal Service First Class Mail of the date of the meeting, and this notice shall be mailed to all House members not later than ten days prior to the date the Speaker selects for the meeting. The President Pro Tempore of the Senate shall notify all members of the Senate of the date of the meeting in the manner the President Pro Tempore deems appropriate.

(8) For purposes of processing state agency regulations under the Administrative Procedures Act, the one hundred twenty day General Assembly review period for regulations is tolled after Thursday, June 2, 2005. /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

The question then was the adoption of the Resolution, as amended.

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

Ayes 46; Nays 0

AYES

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

Total--46

NAYS

Total--0

The Resolution was adopted, ordered returned to the House with amendments.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDED, READ THE SECOND TIME

H. 3984 (Word version) -- Reps. Leach, Haskins, G.M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E.H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D.C. Smith, G.R. Smith, J.R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.

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

Senator MARTIN explained the Bill.

Amendment No. P-1

Senator KNOTTS proposed the following amendment (JUD3984.009), which was adopted:

Amend the committee report, as and if amended, by striking SECTION 10 in its entirety on page [3984-7] and inserting:

/ SECTION 10. Section 20-4-140(A) of the 1976 Code is amended to read:

(A) A valid protection order related to domestic or family violence, issued by a court of another state, tribe, or territory must be accorded full faith and credit by the courts of this State and enforced as if it were issued in this State even if the relief granted to the petitioner in the foreign order would not be available under the laws of this State. A valid protection order related to domestic or family violence issued by a county in this State must be accorded full faith and credit by all courts of this State but must be limited to relief available under South Carolina law. The court shall provide two certified copies of the order, free of charge, to a party receiving a protection order related to domestic or family violence in South Carolina. One of these copies must be for the party's records. The party must be directed by the court to present the other copy to law enforcement in the county in which the order was issued for entry into the National Crime Information Center and for enforcement if necessary. A certified copy of an order of protection must be forwarded by law enforcement within twenty-four hours to the Federal Bureau of Investigation / National Crime Information Center for inclusion in the person's FBI/NCIC report." /

Amend title to conform.

Senator KNOTTS explained the amendment.

The amendment was adopted.

Amendment No. P-2

Senator HUTTO proposed the following amendment (JUD3984.008), which was adopted:

Amend the committee report, as and if amended, by striking subsection 16-25-20(C) in its entirety on page [3984-2] and inserting:

/ "(C) A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five ~~hundred~~ thousand dollars and imprisoned not ~~more~~ less than a mandatory minimum of thirty days nor more than one year. The court may suspend the imposition or execution of all or part of the sentence, except the thirty-day mandatory minimum sentence, conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(I), a program designed to treat batterers. The thirty-day mandatory minimum sentence may be served on weekends, in the discretion of the court. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court." /

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. P-3

Senator MALLOY proposed the following amendment (JUD3984.004), which was adopted:

Amend the committee report, as and if amended, by striking SECTION 1 on pages [3984-1 and 3984-2] and inserting:

/ SECTION 1. Section 16-25-10 of the 1976 Code is amended to read:

"Section 16-25-10. As used in this article, 'household member' means ~~spouses, former spouses, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited~~:

(1) a spouse;

(2) a former spouse;

(3) persons who have a child in common; or

(4) a male and female who are cohabiting or formerly have cohabited." /

Amend the committee report further, as and if amended, by striking SECTION 7 on pages [3984-6 and 3984-7] and inserting:

/ SECTION 7. Section 20-4-20(b) of the 1976 Code is amended to read:

"(b) 'Household member' means ~~spouses, former spouses, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited~~:

(i) a spouse;

(ii) a former spouse;

(iii) persons who have a child in common;

(iv) a male and female who are cohabiting or formerly have cohabited." /

Amend title to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

Amendment No. P-5

Senator MALLOY proposed the following amendment (JUD3984.006), which was adopted:

Amend the committee report, as and if amended, by striking SECTION 10 in its entirety on page [3984-7] and inserting:

/ SECTION 10. Section 20-4-80 of the 1976 Code is amended to read:

"Section 20-4-80. A certified copy of ~~any~~ an order of protection must be mailed to or served upon the petitioner, the respondent, and local law enforcement agencies having jurisdiction in the area where the petitioner resides. No charge may be made to the petitioner for such action." /

Amend title to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

Amendment No. P-6

Senator MALLOY proposed the following amendment (JUD3984.007), which was adopted:

Amend the committee report, as and if amended, by striking SECTION 5 in its entirety on pages [3984-5 and 3984-6] and inserting:

/ SECTION 5. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:

"Section 16-25-120. (A) In addition to the provisions of Section 17-15-30, the court may consider the factors provided in subsection (B) when considering release of a person on bond who is charged with a violent offense, as defined in Section 16-1-60, when the victim of the offense is a household member, as defined in Section 16-25-10, and the person:

(1) is subject to the terms of a valid order of protection or restraining order at the time of the offense in this State or another state; or

(2) has a previous conviction involving the violation of a valid order of protection or restraining order in this State or another state.

(B) The court may consider the following factors before release of a person on bond who is subject to the provisions of subsection (A):

(1) whether the person has a history of criminal domestic violence, as defined in this article, or a history of other violent offenses, as defined in Section 16-1-60;

(2) the mental health of the person;

(3) whether the person has a history of violating the orders of a court or other governmental agency; and

(4) whether the person poses a potential threat to another person.

(C) When considering release of a person on bond under this section, the court must consider whether to issue a restraining order or order of protection provided for in Chapter 4 of Title 20 against the person. The court must consider the factors enumerated in subsection (B) of this section, and if it determines in its discretion that a restraining order or order of protection is required, it should issue the order or forward the matter to the appropriate court."/

Amend title to conform.

Renumber sections to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

Amendment No. P-4

Senator MALLOY proposed the following amendment (JUD3984.010), which was adopted:

Amend the committee report, as and if amended, by striking SECTION 8, in its entirety on page [3984-7] and inserting:

/ SECTION 8. Section 20-4-40(d) of the 1976 Code is amended to read:

"(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action. A pending motion or petition for relief shall not be dismissed solely because the underlying action is dismissed."/

Amend title to conform.

Senator MALLOY explained the amendment.

Senator MARTIN spoke on the amendment.

The amendment was adopted.

Amendment No. P-7

Senator HUTTO proposed the following amendment (MS\ 7564AHB05), which was adopted:

Amend the committee report, as and if amended, Section 16-25-120, as contained in SECTION 5, page 3984-5, by adding an appropriately lettered subsection to read:

/ (__) At the bond hearing pursuant to the provisions of this section or another provision of law, the court shall inform in writing the person charged with a violation of Article 1, Chapter 25, Title 16 of his right to obtain counsel and, if indigent, his right to court-appointed counsel along with instructions on how to obtain court-appointed counsel. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD3984.003), which was adopted:

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

/ SECTION 1. Section 16-25-10 of the 1976 Code is amended to read:

(1) a spouse;

(2) a former spouse;

(3) persons who have a child in common;

(4) a male and female who are cohabiting or formerly have cohabited;

(5) a parent, if the offender is an adult child eighteen years of age or older; or

(6) a grandparent living in the house, if the offender is an adult child or grandchild eighteen years of age or older."

SECTION 2. Section 16-25-20 of the 1976 Code is amended to read:

"Section 16-25-20. (A) It is unlawful to:

(1) cause physical harm or injury to a person's own household member; or

(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

(B) Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the ~~sentence~~ fine conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(I), a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court.

(C) A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five ~~hundred~~ thousand dollars and imprisoned not ~~more~~ less than a mandatory minimum of thirty days nor more than one year. The court may suspend the imposition or execution of all or part of the sentence, except the thirty-day mandatory minimum sentence, conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(I), a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court.

(D) A person who violates subsection (A) after previously having been convicted of two violations of subsection (A) within the previous ten years or two violations of Section 16-25-65 within the previous ten years or a violation of subsection (A) and a violation of Section 16-25-65 within the previous ten years is guilty of a ~~misdemeanor~~ felony and, upon conviction, must be imprisoned not less than ~~ninety days~~ a mandatory minimum of one year but not more than ~~three~~ five years.

(E) A person who violates the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days and fined not more than five hundred dollars.

(F) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter must appear before a judge for disposition of the case.

(G) When a person is convicted of a violation of Section 16-25-65 or sentenced pursuant to subsection (D), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:

(1) the offender completing, to the satisfaction of the court, a program designed to treat batterers;

(2) fulfillment of all the obligations arising under court order pursuant to this section and Section 16-25-65; and

(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.

(H) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim.

(I) An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay."

SECTION 3. Section 16-25-65 of the 1976 Code is amended to read:

"Section 16-25-65. (A) A person who violates Section 16-25-20(A) is guilty of the offense of criminal domestic violence of a high and aggravated nature when one of the following occurs, the person commits:

(1) ~~the person intentionally commits~~ an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or

(2) ~~the person intentionally commits~~ an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death.

(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not less than a mandatory minimum of one year nor more than ten years. The court may suspend the imposition or execution of all or part of the sentence, except the one-year mandatory minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.

(C) The provisions of subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature."

SECTION 4. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:

"Section 16-25-100. Magistrates, municipal court judges, family court judges, and circuit court judges shall receive continuing legal education on issues concerning domestic violence. The frequency and content of the continuing legal education is to be determined by the South Carolina Court Administration at the direction of the Chief Justice of the South Carolina Supreme Court."

SECTION 5. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:

"Section 16-25-120. (A) In addition to the provisions of Section 17-15-30, the court shall consider the factors provided in subsection (B) when considering release of a person on bond who is charged with a violent offense, as defined in Section 16-1-60, when the victim of the offense is a household member, as defined in Section 16-25-10, and the person:

(1) is subject to the terms of a valid order of protection or restraining order at the time of the offense in this State or another state; or

(2) has a previous conviction involving the violation of a valid order of protection or restraining order in this State or another state.

(B) The court shall consider the following factors before release of a person on bond who is subject to the provisions of subsection (A):

(1) whether the person has a history of criminal domestic violence, as defined in this article, or a history of other violent offenses, as defined in Section 16-1-60;

(2) the mental health of the person;

(3) whether the person has a history of violating the orders of a court or other governmental agency; and

(4) whether the person poses a potential threat to another person.

(C) When considering release of a person on bond under this section, the court must consider the person's criminal history by reviewing both the person's state criminal record and his Federal Bureau of Investigation/National Crime Information Center (FBI/NCIC) report.

(D) When considering release of a person on bond under this section, the court must consider whether to issue a restraining order or order of protection provided for in Chapter 4 of Title 20 should be issued against the person. The court must consider the factors enumerated in subsection (B) of this section, and if it determines in its discretion that a restraining order or order of protection is required, it should issue the order or forward the matter to the appropriate court."

SECTION 6. Section 17-22-90 of the 1976 Code is amended to read:

"Section 17-22-90. An offender who enters an intervention program shall:

(1) waive, in writing and contingent upon his successful completion of the program, his ~~or her~~ right to a speedy trial;

(2) agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court;

(3) agree, in writing, to the conditions of the intervention program established by the solicitor;

(4) in the event there is a victim of the crime, agree, in writing, to make restitution to the victim within a specified period of time and in an amount to be determined by the solicitor;

(5) agree, in writing, that ~~any~~ records relating to participation in pretrial intervention or information obtained through pretrial intervention is not admissible as evidence in subsequent proceedings, criminal or civil, and communication between pretrial intervention counselors and defendants shall remain as privileged communication unless a court of competent jurisdiction determines that there is a compelling public interest that ~~such~~ the communication be revealed. ~~In no case shall a~~ A written admission of guilt may not be required of a defendant ~~prior to~~ before acceptance ~~nor prior to~~ or completion of the pretrial intervention program; ~~and~~

(6) if the offense is committing or attempting to commit a lewd act upon a child under the age of sixteen years pursuant to Section 16-15-140, agree in the agreement between the solicitor's office and the offender ~~provided for~~ as provided in Section 17-22-120 to allow information about the offense to be made available to day care centers, group day care homes, family day care homes, church or religious day care centers, and other facilities providing care to children and related agencies by the State Law Enforcement Division pursuant to regulations which the State Law Enforcement Division shall promulgate.; and

(7) if the offense is first offense criminal domestic violence pursuant to Section 16-25-20, agree in writing to successful completion of a batterer's treatment program approved by the Department of Social Services."

SECTION 7. Section 20-4-20(b) of the 1976 Code is amended to read:

"(b) 'Household member' means ~~spouses, former spouses, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited~~:

(i) a spouse;

(ii) a former spouse;

(iii) persons who have a child in common;

(iv) a male and female who are cohabiting or formerly have cohabited;

(v) a parent if the offender is an adult child eighteen years of age or older; or

(vi) a grandparent living in the house if the offender is an adult child or grandchild eighteen years of age or older."

SECTION 8. Section 20-4-40(d) of the 1976 Code is amended to read:

"(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action If a petition for relief is filed and a divorce or separate support and maintenance action is pending or subsequently filed, the court shall proceed with the petition for relief separate from and independent of the action for divorce or separate support and maintenance."

SECTION 9. Chapter 4, Title 20 of the 1976 Code is amended by adding:

"Section 20-4-65. A person seeking an order of protection from domestic abuse pursuant to the provisions of this chapter is not required to pay the filing fee as provided in Section 8-21-310(11)(a)."

SECTION 10. Section 20-4-80 of the 1976 Code is amended to read:

"(A) A certified copy of ~~any~~ an order of protection must be mailed to or served upon the petitioner, the respondent, and local law enforcement agencies having jurisdiction in the area where the petitioner resides. No charge may be made to the petitioner for such action.

(B) A certified copy of an order of protection must be forwarded to the Federal Bureau of Investigation/National Crime Information Center for inclusion in the person's FBI/NCIC report."

SECTION 11. Section 22-5-530(A) of the 1976 Code is amended to read:

"(A) A person charged and to be tried before a magistrate or municipal judge for a violation of law is entitled to deposit with the magistrate or municipal judge, in lieu of entering into recognizance, a sum of money not to exceed the maximum fine in the case for which the person is to be tried. However, an individualized hearing must be held when the person is charged with a violation of the provisions of Chapter 25, Title 16 and the victim of the offense must be notified pursuant to the provisions of Section 16-3-1525(H)."

SECTION 12. Section 22-5-910 of the 1976 Code is amended to read:

"Section 22-5-910. (A) Following a first offense conviction in a ~~magistrate's~~ magistrates court or a municipal court, the defendant after three years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to:

(1) an offense involving the operation of a motor vehicle,;

(2) to a violation of Title 50 or the regulations promulgated ~~under it~~ pursuant to Title 50 for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses are authorized, ; or

(3) to an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16-25-20, which may be expunged five years from the date of the conviction.

(B) If the defendant has had no other conviction during the three-year period, or during the five-year period as provided in subsection (A)(3), following the first offense conviction in a ~~magistrate's~~ magistrates court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.

(C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.

(D) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."

SECTION 13. Section 23-6-440 of the 1976 Code is amended by adding an appropriately numbered new lettered subsection at the end to read:

"( ) A person who is convicted of or pleads guilty or nolo contender to a criminal domestic violence offense, as defined in Chapter 25 of Title 16, must have his law enforcement certification revoked."

SECTION 14. Section 56-7-15 of the 1976 Code is amended to read:

"Section 56-7-15. (A) The uniform traffic ticket, established ~~under~~ pursuant to the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of ~~magistrate's~~ magistrates court and municipal court. A law enforcement agency processing an arrest made pursuant to this section must furnish ~~such~~ the information to the State Law Enforcement Division as required in Chapter 3 of, Title 23.

(B) An officer who effects an arrest, by use of a uniform traffic ticket, for a violation of Chapter 25 of, Title 16~~, must subsequently~~ shall complete and file an incident report ~~within fifteen days of the issuance of the ticket~~ immediately following the issuance of the uniform traffic ticket."

SECTION 15. A study committee composed of five members of the Senate, appointed by the President Pro Tempore, and five members of the House of Representatives, appointed by the Speaker, is created to study the criminal domestic violence laws of the State, the effects of criminal domestic violence on victims, perpetrators, and the economy of the State, and the status of the state's current domestic violence prevention programs, and recommend appropriate changes to the General Assembly by February 15, 2006.

SECTION 16. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 17. If any section, subsection, item, subitem, paragraph, subparagraph, 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, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 18. This act takes effect January 1, 2006. /

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted, as amended.

Amendment No. 1

Senator HUTTO proposed the following amendment (3984R001.CBH), which was adopted:

Amend the bill, as and if amended, by striking Section 16-25-20(C), as contained in SECTION 2, page [3984-2], beginning on line 27 and inserting:

/ (C) A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five ~~hundred~~ thousand dollars and imprisoned not ~~more~~ less than a mandatory minimum of thirty days nor more than one year. The court may suspend the imposition or execution of all or part of the sentence, except the thirty-day mandatory minimum sentence, conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of Section 16-25-20(I), a program designed to treat batterers. If a person is sentenced to a mandatory minimum of thirty days pursuant to the provisions of this section, the judge may provide that the sentence be served two days during the week or on weekends until the sentence is completed and is eligible for early release based on credits he is able to earn during the service of his sentence, including, but not limited to, good-time credits./

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator MARTIN spoke on the Bill.

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

H. 3984--Ordered to a Third Reading

On motion of Senator MARTIN, with unanimous consent, H. 3984 was ordered to receive a third reading on Thursday, May 26, 2005.

Expression of Personal Interest

Senator MOORE rose for an Expression of Personal Interest.

(R73, H3716) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

On motion of Senator LEATHERMAN, with unanimous consent, the Messages from the House on H. 3716, the General Appropriation Bill, were taken up for immediate consideration.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 83 to 27:

(R73, H3716 ) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 1 Part IA; Section 1; page 5; Department of Education;

Education Improvement Act; Standard, Teaching,

Learning, Account; Student Testing; Other Operating

Expenses; $1,000,559.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716 ) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 1 Part IA; Section 1; page 5; Department of Education;

Education Improvement Act; Standard, Teaching,

Learning, Account; Student Testing; Other Operating

Expenses; $1,000,559.

The veto of the Governor was taken up for immediate consideration.

Senator LEATHERMAN moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 43; Nays 3

AYES

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

Total--43

NAYS

Bryant                    Gregory                   Hawkins

Total--3

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 78 to 30:

(R73, H3716 ) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 2 Part IA; Section 5A; page 25; Commission on Higher

Education; Administration; Think TEC/Fastrac -

Entrepreneurial Ed/Mento; $250,000.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716 ) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 2 Part IA; Section 5A; page 25; Commission on Higher

Education; Administration; Think TEC/Fastrac -

Entrepreneurial Ed/Mento; $250,000.

The veto of the Governor was taken up for immediate consideration.

Senator LEATHERMAN moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 41; Nays 4

AYES

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

Total--41

NAYS

Bryant                    Grooms                    Hawkins
Ryberg

Total--4

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 24, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3716 by a vote of 86 to 23:

(R73, H3716 ) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 3 Part IA; Section 5B; page 29; Higher Education Tuition

Grants Commission; Administration; SC Student

Legislature; $17,780.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R73, H3716 ) -- Ways and Means Committee: GENERAL APPROPRIATION ACT

Veto 3 Part IA; Section 5B; page 29; Higher Education Tuition

Grants Commission; Administration; SC Student

Legislature; $17,780.

The veto of the Governor was taken up for immediate consideration.

Senator LEATHERMAN moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 39; Nays 5

AYES

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

Total--39

NAYS

Bryant                    Campsen                   Grooms
Hawkins                   Ryberg

Total--5

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Motion Adopted

Senator McCONNELL asked unanimous consent to make a motion that the 39-5 roll call on Veto #3 serve as a baseline roll call for all subsequent vetoes on H. 3716 and H. 3717, and, further, should any Senator wish to vote differently than what was recorded on Veto #3, he or she should notify the PRESIDENT and the Senate will proceed to a roll call vote on that veto.

MOTION ADOPTED

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Tim Burrell of Spartanburg, SC.

ADJOURNMENT

At 6:06 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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