South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives

Thursday, June 6, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for the day is from Psalm 31: "Be my strong rock, a castle to keep me safe." We remember today two events from history, the battle of Midway in 1942 and the Normandy invasion in 1944, both turning points in WWII assuring us of victory, which allows us to be here today in this assembly.
Almighty God, how good it is that You have blessed these, Your people, through these days with an abundance of love and protection. You have provided wisdom and strength for all these sessions. As we come to the close of this day, we ask You for Your continued blessings as these people return to their home districts and families. We give thanks for the service and dedication of those who have served faithfully and nobly and are retiring. Continue to hold them in Your care. May the Lord bless and keep them all. Hear our Prayer, O God. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. A. YOUNG moved that when the House adjourns, it adjourn in memory of Wallace H. Knapp of Summerville, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hutto, Alexander and Hayes of the Committee of Conference on the part of the Senate on H. 4337:

H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

Very respectfully,
President
Received as information.

H. 4835--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 5, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4835:

H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.

Very respectfully,
President

On motion of Rep. CARNELL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. CARNELL, J. R. SMITH and A. YOUNG to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4879, R. 388, Veto #2, by a vote of 45 to 0.

Veto #2. Section N (54.41), page 30. Section 2-1-220 amendment.

(R388) H. 4879 (Word version) -- Ways and Means Committee: AN ACT TO ENACT THE BUDGET PROVISO CODIFICATION ACT.

Very respectfully,
President
Received as information.

HOUSE RESOLUTION

The following was introduced:

H. 5416 (Word version) -- Rep. Martin: A HOUSE RESOLUTION TO COMMEND AMANDA LEIANN LARK OF ANDERSON, SOUTH CAROLINA, FOR HER IMPRESSIVE ACADEMIC ACHIEVEMENTS AND STRONG COMMITMENT TO BETTERING THE LIVES OF THOSE AROUND HER AND TO EXPRESS BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5417 (Word version) -- Reps. Wilkins, Allen, Cato, Easterday, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, Tripp and Vaughn: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND BOB JONES UNIVERSITY ON ITS SEVENTY-FIFTH ANNIVERSARY, TO RECOGNIZE ITS DISTINGUISHED RECORD OF ACHIEVING ACADEMIC EXCELLENCE, AND FOR ITS INVALUABLE CONTRIBUTIONS IN DEVELOPING MORAL CHARACTER IN YOUNG MEN AND WOMEN WHO ARE THE FUTURE LEADERS OF OUR COMMUNITIES, STATES, AND NATION.

The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5418 (Word version) -- Reps. McLeod and Keegan: A BILL TO AMEND SECTION 15-35-810 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT LIENS ON REAL ESTATE EXPIRING TEN YEARS AFTER ENTRY OF THE JUDGMENT AND TO AMEND SECTION 15-39-20, RELATING TO JUDGMENT LIENS BEING ENFORCEABLE FOR TEN YEARS AFTER THE ENTRY OF THE JUDGMENT, BOTH SO AS TO PROVIDE THAT A LIEN MAY BE RENEWED OR REVIVED FOR SEVEN ADDITIONAL YEARS; AND TO AMEND SECTION 15-39-30, RELATING TO ISSUANCE OF EXECUTIONS UPON FINAL JUDGMENTS, SO AS TO PROVIDE THAT FINAL JUDGMENTS OR DECREES MAY BE RENEWED OR REVIVED, TO REQUIRE A DORMANT JUDGMENT TO BE RENEWED OR REVIVED WITHIN THREE YEARS OF DORMANCY, AND TO PROVIDE PROCEDURES FOR RENEWING OR REVIVING SUCH JUDGMENTS.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 5419 (Word version) -- Reps. Merrill and Quinn: A HOUSE RESOLUTION TO EXTEND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO DAVID L. BALL OF BALLENTINE, SOUTH CAROLINA, IN RICHLAND COUNTY, ON THE OCCASION OF HIS RETIREMENT ON JUNE 11, 2002, AFTER FORTY YEARS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1338 (Word version) -- Senator Fair: A CONCURRENT RESOLUTION TO CONGRATULATE FURMAN UNIVERSITY, ONE OF THIS NATION'S MOST OUTSTANDING UNIVERSITIES, ON THE OCCASION OF ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY THIS YEAR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1321 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE SANTEE RIVER BOAT LANDING WHERE U. S. HIGHWAY 17-A AND S. C. HIGHWAY 41 CROSS THE SANTEE RIVER ABOVE JAMESTOWN IN BERKELEY COUNTY THE "LENUD'S FERRY BOAT LANDING" IN RECOGNITION OF THE FORTY-ONE PATRIOTS WHO IN MAY OF 1780, GAVE THEIR LIVES TO SECURE AMERICAN INDEPENDENCE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 5420 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION COMMENDING THE DOUBLE DUTCH FORCES OF THE CITY OF COLUMBIA ON WINNING THE 2002 SOUTH CAROLINA DOUBLE DUTCH TOURNAMENT CHAMPIONSHIP, AND WISHING THEM WELL AS THEY COMPETE FOR THE 2002 AMERICAN DOUBLE DUTCH LEAGUE WORLD INVITATIONAL DOUBLE DUTCH CHAMPIONSHIP.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5421 (Word version) -- Reps. Hosey, Rhoad, Clyburn, McGee, Rivers, Weeks, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND MRS. BILLIE JEAN SPRAWLS FOR A LIFETIME OF OUTSTANDING, UNPARALLELED PUBLIC SERVICE IMPACTING AND ENRICHING THE LIVES OF COUNTLESS NUMBERS OF HER FELLOW SOUTH CAROLINIANS AND TO EXPRESS THE DEEP APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HER MANY YEARS OF EXTRAORDINARY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 5422 (Word version) -- Rep. Chellis: A HOUSE RESOLUTION TO COMMEND THE SOUTH CAROLINA OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS FOR ITS NOTABLE ACCOMPLISHMENTS IN THE APPLICATION OF DIGITAL TECHNOLOGIES, WHICH CONTRIBUTED SIGNIFICANTLY TO THE STATE OF SOUTH CAROLINA FINISHING SECOND IN THE DIGITAL DEMOCRACY PORTION OF THE 2001 DIGITAL STATE SURVEY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5423 (Word version) -- Rep. Chellis: A HOUSE RESOLUTION TO COMMEND THE SOUTH CAROLINA STATE ELECTION COMMISSION FOR ITS NOTABLE ACCOMPLISHMENTS IN THE APPLICATION OF DIGITAL TECHNOLOGIES, WHICH CONTRIBUTED SIGNIFICANTLY TO THE STATE OF SOUTH CAROLINA FINISHING SECOND IN THE DIGITAL DEMOCRACY PORTION OF THE 2001 DIGITAL STATE SURVEY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5424 (Word version) -- Reps. Hosey, Clyburn, Perry, Sharpe, D. C. Smith, J. R. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION EXTENDING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO MRS. BEVERLY LAVERNE DOZIER CLYBURN OF AIKEN COUNTY FOR HER MORE THAN THIRTY-SEVEN YEARS OF FAITHFUL SERVICE AS A DEDICATED EDUCATOR AND LIFELONG HUMANITARIAN ON THE OCCASION OF HER RETIREMENT AND WISHING HER GOOD HEALTH AND HAPPINESS FOR MANY YEARS TO COME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5425 (Word version) -- Rep. M. Hines: A HOUSE RESOLUTION CONGRATULATING ELDER KENNETH L. GIBSON OF FLORENCE COUNTY ON THE OCCASION OF HIS TWENTIETH ANNIVERSARY AS PASTOR OF THE SAVANNAH GROVE FREEWILL BAPTIST CHURCH.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Cooper
Dantzler               Delleney               Easterday
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Jennings               Keegan
Kelley                 Klauber                Koon
Law                    Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Owens                  Parks
Phillips               Rhoad                  Rice
Riser                  Rivers                 Rodgers
Sandifer               Scarborough            Sharpe
Sheheen                Sinclair               Smith, D.C.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Trotter                Vaughn
Walker                 Webb                   Weeks
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, June 6.

Karl Allen                        Gilda Cobb-Hunter
Bill Cotty                        Herb Kirsh
Joseph Neal                       David Mack
Ronald Fleming                    Skipper Perry
H.B. "Chip" Limehouse             John Scott
Denny Neilson                     James Merrill
Seth Whipper                      Kenneth Kennedy
Creighton Coleman                 James Lucas
G. Murrell Smith                  Daniel Tripp
Jerry Govan                       Ralph Davenport
Marty Coates                      Gary Simrill
Leon Howard                       Richard Quinn
Harry Askins                      Todd Rutherford
Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. F. N. SMITH a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.

SPEAKER PRO TEMPORE IN CHAIR
SPECIAL PRESENTATION

Rep. WILKINS presented to the House Dr. John Michael Palms for his successful tenure as President of the University of South Carolina.

SPEAKER IN CHAIR
STATEMENT BY REPS. J. R. SMITH AND D. C. SMITH

Reps. J. R. SMITH and D. C. SMITH made a statement relative to Rep. SHARPE'S service in the House.

STATEMENT BY REP. SHARPE

Rep. SHARPE made a statement relative to his service in the House as follows:

Ladies and Gentlemen:

It has been a pleasure for me to have served in this body with each of you and all those who have parted the Chamber over the years. I have enjoyed my 18 years here and have learned many valuable lessons. I have been at odds with some of you on bills or positions and then we have been together on others.
Some days we fight some days we hug, that's the way it has to be for each one to help shape legislation for the citizens of South Carolina to live by. I hope that in some small way I have made South Carolina a better place by serving District 86. I have worked hard to do those things which I feel have helped my constituents and the State of South Carolina.
It hasn't always been easy but even in the tough times there was always some good.
Rep. Carnell told me in the elevator the other day that I needed to stay as long as he has. My answer to that was I only served half as long and lost only half my hair, if I stayed as long as him I wouldn't have any hair left. I said that all that had been pleasurable but let me tell you, the last few weeks have been horrible. Rep. Witherspoon had only been chairman of the committee for 2 hours when he threw all my stuff in boxes and sat them in the hall and called me to come get them.
He moved me to the basement to a small dark room with no air vent. You had to leave the door open to breath down there. He even took every phone book, state and city. The only things he left were 3 paper clips and the desk key in one of the drawers.
The computer in that office must have come over on the Mayflower, as when I turned it on it groaned like it needed a good shot of WD-40. I couldn't even type a letter on it. I had to get someone to come in and work on it so that I could even use Word on it. Then to make it worse, Rep. Loftis took down my sign that said "Don't even think about parking here."
Some of the others have been casting lots to see who would get my plum parking spot in front of the elevator. Being an ex-chairman is like being an ex-convict--you get absolutely no respect. I mean none.
Someone came up to me in the lobby the other day in the lobby and remarked, "Mike, we will never forget you." It just doesn't get any worse than that. I wouldn't have it any other way.
I have enjoyed the years I have spent with my current seat mate, Rep. Roland Smith and the rest of the Aiken Delegation, my other seat mate who is not here, but for 6 years I sat with John Felder, and Bubba Cromer sat across the aisle from us. Those were special days that I will always cherish.
I have enjoyed the hard work the Speaker required of me. If you haven't been a committee chairman under David Wilkins, 'the Slave Driver', you don't know what work is and I believe it shows in the way the House has gone about doing the business of this great State. Mr. Speaker, I want you to know that I have appreciated working with you, under your direction and I appreciate that.
I am looking forward to another career not too far from here so that I can take my public service to another level. I will not go away, I will just not be here on a daily basis to help pass legislation. But I will be here in spirit and you will be in my prayers as you carry on the work of the people.

The Evened Score
By Richard M. "Pek" Gunn

Poet Laureate of Tennessee

I have lived all my life as I've found it,
Amassed neither silver nor gold,
And I find as the years close around it,
The things that count most, I can hold.

I have played the game fair, as I've seen it,
According to my point of view,
But realize that others who saw it
May choose to take issue...and do.

I have seen good men pitch when their pitching
Was tops, and they gave all they had,
And lost, not because of their pitching,
But because all the fielding was bad.

Another man pitched and his pitching
Was poor...still he got the hurrahs...
And he won not because of his pitching,
But because of the person he was.

I have heard the ump call 'em in pinches,
When the game was still hanging on fate,
I've heard him scream "Out!" when by inches
The runner was safe at the plate.

And then the scene changed with the inning,
The grandstand came up with a shout,
The umpire yelled "Safe!" for the runner,
When everyone knew he was out.

But somehow these things will be righted,
We reap what we sow perhaps more,
And the things that today seem benighted...
Tomorrow will even the score.

So I've lived all my life as I've found it,
And to me the game has been good.
Some of the players have cheated,
But most played the best that they could.

And if you should ask me one question,
And give me no room for to rave,
I'd have to be honest and tell you...
I've received a lot more than I gave.

I don't know what the future holds for me but I can tell you that an awesome power holds my future.
Thanks.

STATEMENT BY REP. LIMEHOUSE

Rep. LIMEHOUSE made a statement relative to Rep. CAMPSEN'S service in the House.

STATEMENT BY REP. CAMPSEN

Rep. CAMPSEN made a statement relative to his service in the House.

STATEMENT BY REP. SANDIFER

Rep. SANDIFER made a statement relative to Rep. BARRETT'S service in the House.

STATEMENT BY REP. BARRETT

Rep. BARRETT made a statement relative to his service in the House.

STATEMENT BY REP. KEEGAN

Rep. KEEGAN made a statement relative to Rep. KELLEY'S service in the House.

STATEMENT BY REP. KELLEY

Rep. KELLEY made a statement relative to his service in the House.

STATEMENT BY REPS. RICE, WITHERSPOON AND RISER

Reps. RICE, WITHERSPOON and RISER made a statement relative to Rep. WEBB'S service in the House.

STATEMENT BY REP. WEBB

Rep. WEBB made a statement relative to his service in the House.

STATEMENT BY REPS. TAYLOR, CARNELL AND PARKS

Reps. TAYLOR, CARNELL and PARKS made a statement relative to Rep. KLAUBER'S service in the House.

STATEMENT BY REP. KLAUBER

Rep. KLAUBER made a statement relative to his service in the House.

STATEMENT BY REPS. TAYLOR AND CARNELL

Reps. TAYLOR and CARNELL made a statement relative to Rep. WILDER'S service in the House.

STATEMENT BY REP. WILDER

Rep. WILDER made a statement relative to his service in the House.

STATEMENT BY REPS. G. M. SMITH AND WEEKS

Reps. G. M. SMITH and WEEKS made a statement relative to Rep. J. YOUNG'S service in the House.

STATEMENT BY REP. J. YOUNG

Rep. J. YOUNG made a statement relative to his service in the House.

STATEMENT BY REP. GILHAM

Rep. GILHAM made a statement relative to Rep. RODGERS' service in the House.

STATEMENT BY REP. RODGERS

Rep. RODGERS made a statement relative to her service in the House.

STATEMENT BY REP. RISER

Rep. RISER made a statement relative to Rep. STUART'S service in the House.

STATEMENT BY REP. STUART

Rep. STUART made a statement relative to her service in the House.

STATEMENT BY REPS. KLAUBER AND WILDER

Reps. KLAUBER and WILDER made a statement relative to Rep. CARNELL'S service in the House.

STATEMENT BY REP. CARNELL

Rep. CARNELL made a statement relative to his service in the House.

STATEMENT BY REP. HINSON

Rep. HINSON made a statement relative to Rep. LAW'S service in the House.

STATEMENT BY REP. LAW

Rep. LAW made a statement relative to his service in the House.

STATEMENT BY REP. M. HINES

Rep. M. HINES made a statement relative to Rep. ASKINS' service in the House.

STATEMENT BY REP. ASKINS

Rep. ASKINS made a statement relative to his service in the House.

S. 1275--DEBATE ADJOURNED

Rep. CLYBURN moved to adjourn debate upon the following Bill until Friday, June 7, which was adopted:

S. 1275 (Word version) -- Senator Moore: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 1259 (Word version) -- Senator Fair: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COVENANT MARRIAGE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP, SCOPE OF STUDY, AND REPORTING REQUIREMENTS, AND TO ABOLISH THE STUDY COMMITTEE UPON SUBMISSION OF ITS REPORT.

H. 3756--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration:

H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.

Rep. HARRISON moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 5291--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration:

H. 5291 (Word version) -- Reps. Bingham, Huggins and Riser: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.

Rep. BINGHAM moved to adjourn debate upon the Senate Amendments until Friday, June 7, which was agreed to.

S. 830--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

S. 830 (Word version) -- Senators Giese, Hayes, Courson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.
Rep. KELLEY explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 5259--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 5259 (Word version) -- Reps. Meacham-Richardson, Kirsh, Loftis, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO CONTRACTUAL AGREEMENT FOR THE LEASING OF RESIDENTIAL OR COMMERCIAL PROPERTY AND NO HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE PREMISES.

Rep. MEACHAM-RICHARDSON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3668--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3668 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4154--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 4154 (Word version) -- Rep. Campsen: A BILL TO ENACT THE "SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT"; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; TO AMEND ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO INTESTACY, SUCCESSION AND WILLS, SO AS TO CHANGE THE TITLE OF THE ARTICLE TO "INTESTACY, WILLS, AND DONATIVE TRANSFERS"; TO AMEND PART 7, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO CONTRACTUAL ARRANGEMENTS RELATING TO DEATH, SO AS TO REPLACE PART 7 WITH RULES FOR CONSTRUCTION OF WILLS AND OTHER INSTRUMENTS GOVERNING TRANSFERS; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS, SO AS TO PROVIDE FOR A JUDICIAL DETERMINATION OF CRIMINAL ACCOUNTABILITY, USING THE PREPONDERANCE OF THE EVIDENCE STANDARD, IN THE ABSENCE OF A CRIMINAL CONVICTION; TO AMEND PART 8, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO GENERAL PROVISIONS AS TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR REVOCATION OF PROBATE AND NONPROBATE TRANSFERS BY DIVORCE AND ANNULMENT; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; AND TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO CLARIFY THAT A JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP IN REAL ESTATE MAY TRANSFER HIS INTEREST WITHOUT JOINDER OF THE OTHER JOINT TENANTS.

Rep. CAMPSEN explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 5256--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 5256 (Word version) -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3817--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3817 (Word version) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES.

Rep. PARKS explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3761--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration:

H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.

Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11895AC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION     __.     A.     The 1976 Code is amended by adding:

"Section 27-33-50.     (A)     Unless otherwise agreed in writing, a tenant has sole financial responsibility for gas, electric, water, sewerage, or garbage services provided to the premises the tenant leases, and a landlord is not liable for a tenant's account.

(B)     An entity or utility providing gas, electric, water, sewerage, or garbage services must not:

(1)     require a landlord to execute an agreement to be responsible for all charges billed to premises leased by a tenant; or

(2)     discontinue or refuse to provide services to the premises the tenant leases based on the fact that the landlord refused to execute an agreement to be responsible for all the charges billed to the tenant leasing that premises."

B.     Notwithstanding the general effective date of this act, this section takes effect July 1, 2004./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CATO explained the amendment.
The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3078MM02), which was adopted:
Amend the bill, as and if amended, Section 39-15-1190(B)(1)(a)(ii), page 3, line 8, and Section 39-15-1190(B)(2)(a)(ii), page 4, line 10, both by deleting / felony / and inserting / misdemeanor /
Amend title to conform.

Rep. DELLENEY explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

S. 379--NONCONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration:

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET", AND "STRETCH"; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE FOR THE USE OF SKIM-BOW NETS SO AS TO PROVIDE THAT SKIM-BOW NETS MUST BE USED FROM HIGH LAND OR STRUCTURES AFFIXED TO HIGH LAND WITHOUT POWER ASSISTED DEVICES; TO AMEND SECTION 50-5-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE "ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS NOT ILLEGAL PER SE MAY BE DONATED TO A NON-PROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT OF NATURAL RESOURCES, THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, AND TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-335, CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO COMBINE AND EXPAND THE PROVISIONS FOR PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED REGULATIONS; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS AS TO SHAD AND HERRING, SO AS TO PROVIDE FOR THE USE OF SKIM-BOW NETS WITHIN THE SPECIAL PROVISIONS RELATING TO SHAD AND HERRING; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE A DUPLICATE PROVISION; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO CONFORM LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO CHANGE A REFERENCE TO THE APPEAL AUTHORITY FROM ARTICLE 3, CHAPTER 23, TITLE 1 OF THE CODE TO ARTICLE 5, CHAPTER 23, TITLE 1 OF THE CODE; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE PASSENGERS AMONG THOSE WHO MAY BE GUILTY OF VIOLATING THE SECTION, AND TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE.

Rep. WITHERSPOON explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

S. 464 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE, 1, CHAPTER 23, TITLE 59, OF THE 1976 CODE RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.

S. 1047--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 1047 (Word version) -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.

The motion of Rep. COATES to reconsider the vote whereby the Bill was given a second reading was taken up.

Rep. J. YOUNG moved to table the motion to reconsider, which was agreed to.

The Bill was read the third time and ordered returned to the Senate with amendments by a division vote of 42 to 17.

H. 5406--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5406 (Word version) -- Reps. Moody-Lawrence, Delleney, Kirsh, McCraw, Meacham-Richardson and Simrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF STATE HIGHWAY 901 AND INTERSTATE 77 AT EXIT 73 IN YORK COUNTY IN HONOR OF SAMUEL R. FOSTER, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND THE EMPLOYMENT SECURITY COMMISSION.

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request the Department of Transportation to name the interchange of State Highway 901 and Interstate 77 at Exit 73 in York County in honor of Samuel R. Foster, former member of the House of Representatives and the Employment Security Commission, and the department is further requested to install appropriate markers or signs at places as the department considers advisable containing the words "Samuel R. Foster Interchange".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1318--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1318 (Word version) -- Senator J. V. Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION BY ADOPTING THE "ACCESS TO CANCER THERAPIES ACT OF 2001" (H.R. 1624; S.913) WHICH WILL PROVIDE MEDICARE COVERAGE FOR ALL ORAL ANTI-CANCER DRUGS.

Whereas, cancer is a leading cause of morbidity and mortality in the State of South Carolina and throughout the nation; and

Whereas, cancer is disproportionately a disease of the elderly, with more than half of all cancer diagnoses occurring in persons age sixty-five or older, who are thus dependent on the federal Medicare program for provision of cancer care; and

Whereas, treatment with anti-cancer drugs is the cornerstone of modern cancer care, elderly cancer patients must have access to potentially life-extending drug therapy, but the Medicare program's coverage of drugs is limited to injectable drugs or oral drugs that have an injectable version; and

Whereas, the nation's investment in biomedical research has begun to bear fruit with a compelling array of new oral anti-cancer drugs that are less toxic, more effective, and more cost-effective than existing therapies, but, because such drugs do not have an injectable equivalent, they are not covered by Medicare; and

Whereas, non-coverage of these important new products leaves many Medicare beneficiaries confronting the choice of either substantial out-of-pocket personal costs or selection of more toxic, less effective treatments that are covered by the program; and

Whereas, Medicare's failure to cover oral anti-cancer drugs leaves at risk many beneficiaries suffering from blood-related cancers like leukemia, lymphoma, and myeloma, as well as cancers of the breast, lung, and prostrate; and

Whereas, the members of the General Assembly of the State of South Carolina urge the Congress of the United States to address the problems arising for Medicare cancer patients, particularly the elderly, by ratifying the "Access to Cancer Therapies Act of 2001". Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina hereby memorializes the Congress of the United States to take immediate action by adopting the "Access to Cancer Therapies Act of 2001" (H.R. 1624; S.913) which will provide Medicare coverage for all oral anti-cancer drugs.

Be it further resolved that copies of this resolution be distributed to the members of the Congress of the United States and the President of the United States.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4431--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3756--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration:

H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.

Reps. HARRISON and WILKINS proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11850AC02), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2-11 in their entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Martin and Ritchie of the Committee of Conference on the part of the Senate on H. 3789:

H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; BY ADDING SECTION 7-15-335 SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS; BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 7-5-10, AS AMENDED, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF COUNTY BOARDS OF REGISTRATION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY REGISTRATION BOARD MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO A COMBINED ELECTION AND REGISTRATION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COMBINED COUNTY REGISTRATION BOARD AND ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE.

Very respectfully,
President
Received as information.

S. 1246--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1246:

S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
and asks for a Committee of Conference and has appointed Senators Peeler, Moore and Giese of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. WALKER, GILHAM and MILLER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:15 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Alexander, Leventis and Waldrep of the Committee of Free Conference on the part of the Senate on S. 41:

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.

Very respectfully,
President
Received as information.

H. 3144--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3144:

H. 3144 (Word version) -- Reps. Wilkins, W. D. Smith, Vaughn, Delleney, Walker, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.

Very respectfully,
President

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. W. D. SMITH, HARRISON and WHIPPER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3602--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
H. 3602
The General Assembly, Columbia, S.C., June 6, 2002

The COMMITTEE OF 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.     Section 59-6-10 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-6-10.     (A)     In order to assist in, recommend, and supervise implementation of programs and expenditure of funds for the Education Accountability Act and the Education Improvement Act of 1984, the Education Oversight Committee is to serve as the oversight committee for these acts. The Education Oversight Committee shall:

(1)     review and monitor the implementation and evaluation of the Education Accountability Act and Education Improvement Act programs and funding;

(2)     make programmatic and funding recommendations to the General Assembly;

(3)     report annually to the General Assembly, State Board of Education, and the public on the progress of the programs;

(4)     recommend Education Accountability Act and EIA program changes to state agencies and other entities as it considers necessary.

Each state agency and entity responsible for implementing the Education Accountability Act and the Education Improvement Act funded programs shall submit to the Education Oversight Committee programs and expenditure reports and budget requests as needed and in a manner prescribed by the Education Oversight Committee.

The committee consists of the following persons:

(1)     Speaker of the House of Representatives or his designee;

(2)     President Pro Tempore of the Senate or his designee;

(3)     Chairman of the Education and Public Works Committee of the House of Representatives or his designee;

(4)     Chairman of the Education Committee of the Senate or his designee;

(5)     Governor or his designee;

(6)     Chairman of the Ways and Means Committee of the House of Representatives or his designee;

(7)     Chairman of the Finance Committee of the Senate or his designee;

(8)     State Superintendent of Education or the superintendent's designee who shall be an ex officio nonvoting member;

(8)(9)     Five members representing business and industry who must have experience in business, management, or policy to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee; and

(9)(10)     Five members representing public education teachers and principals to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee.

Initial appointment must be made by July 31, 1998, at which time the Governor or his designee shall call the first meeting. At the initial meeting, a chairman elected from the members representing the business and industry appointees and a vice chairman representing the education members shall be elected by a majority vote of the committee. The members appointed pursuant to items (1) through (7) (8) may serve notwithstanding the provisions of Section 8-13-770. Their terms of office on the committee must be coterminous with their terms of office as Governor, Superintendent of Education, or members of the General Assembly.

(B)     The terms of office of the members of the Education Oversight Committee, except for the legislative members, Governor, and State Superintendent of Education, are four years and until their successors are appointed and qualify except of those first appointed the terms must be staggered as follows:

(1)     initial terms of two years shall be served by the two members of the business and industry community appointed by the chairmen of the Education Committees;

(2)     initial terms of three years shall be served by the members of the education community appointed by the President Pro Tempore of the Senate and the Speaker of the House; and

(3)     all other voting members shall serve initial four-year terms. The terms of chairman and vice chairman shall be two years. At the end of each two-year term, an election must be held for the chairmanship and vice chairmanship by majority vote of the members attending with quorum present. No member shall serve more than four consecutive years as chairman or vice chairman.

Members of the committee shall meet no less than once a quarter and annually shall submit their findings and recommendations to the General Assembly before March first of each fiscal year. The staff positions of the Education Oversight Committee and the people presently in those positions initially shall be transferred to the Education Oversight Committee as administrative staff to carry out its functions."

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

Amend title to conform.

The Honorable Linda H. Short      The Honorable Robert E. Walker
The Honorable Arthur Ravenel      The Honorable Walter P. Lloyd
The Honorable John Matthews, Jr.  The Honorable Ronald Townsend
On Part of the Senate.            On Part of the House.

Rep. TOWNSEND explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3372--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3372 (Word version) -- Reps. Sharpe, Dantzler, Lourie and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-75, SO AS TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO PERSONS AND ORGANIZATIONS WHO IN GOOD FAITH AND WITHOUT COMPENSATION RENDER EMERGENCY CARE AND TREATMENT TO ANIMALS IN DISTRESS.

Rep. WITHERSPOON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Rep. KENNEDY moved that the House recede until 2:15 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER LUCAS IN CHAIR
POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR
H. 3958--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3958 (Word version) -- Reps. Rodgers, Gilham and Rivers: A BILL TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO THE BEAUFORT COUNTY LEGISLATIVE DELEGATION TO THE BEAUFORT COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4962--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 4962 (Word version) -- Reps. Webb, Rice and Trotter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE TWO-MILE PORTION OF STATE HIGHWAY 93 IN CLEMSON THAT RUNS FROM U.S. HIGHWAY 76 TO THE OCONEE COUNTY LINE (LAKE HARTWELL) IN PICKENS COUNTY THE "WALTER T. COX BOULEVARD" IN HONOR OF CLEMSON UNIVERSITY ICON, WALTER THOMPSON COX, WHO HAS SERVED AS COACH, DEAN, AND PRESIDENT OF CLEMSON FOR MORE THAN SIXTY-FIVE YEARS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "WALTER T. COX BOULEVARD".

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

H. 5284--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 5284 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE WHICH CROSSES OVER THE SOUTHERN CONNECTOR ON STANDING SPRINGS ROAD IN GREENVILLE COUNTY AS THE "PRESTON J. TUCKER, SR. BRIDGE" IN HONOR OF THIS FINE SOUTH CAROLINIAN.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

H. 5285--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 5285 (Word version) -- Reps. Campsen and Ott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN OR MARKER ON SULLIVAN'S ISLAND ON THE EASTERN SIDE OF THE BRIDGE, CURRENTLY UNDER CONSTRUCTION THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 TO COMMEMORATE THE BATTLE OF SULLIVAN'S ISLAND AND COLONEL WILLIAM THOMSON, WHO LED THE AMERICAN FORCES AT THE BATTLE OF SULLIVAN'S ISLAND WHICH DEFEATED A BRITISH CONTINGENT ON JUNE 28, 1776.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

S. 41--FREE CONFERENCE POWERS REJECTED

Rep. CATO moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.

The yeas and nays were taken resulting as follows:

Yeas 69; Nays 11

Those who voted in the affirmative are:

Allison                Bales                  Barfield
Barrett                Bingham                Breeland
Brown, G.              Brown, J.              Campsen
Carnell                Cato                   Clyburn
Cooper                 Cotty                  Delleney
Edge                   Emory                  Fleming
Freeman                Hamilton               Harrison
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Lucas                  McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Moody-Lawrence         Neal, J.M.
Neilson                Ott                    Parks
Perry                  Rhoad                  Riser
Sandifer               Scott                  Sharpe
Simrill                Smith, D.C.            Smith, J.R.
Snow                   Stille                 Talley
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilder
Wilkins                Witherspoon            Young, J.

Total--69

Those who voted in the negative are:

Bowers                 Coates                 Gourdine
Kennedy                Littlejohn             Loftis
Rivers                 Sheheen                Smith, G.M.
Thompson               Weeks

Total--11

So, Free Conference Powers were rejected.

S. 379--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 379:

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET", AND "STRETCH"; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE FOR THE USE OF SKIM-BOW NETS SO AS TO PROVIDE THAT SKIM-BOW NETS MUST BE USED FROM HIGH LAND OR STRUCTURES AFFIXED TO HIGH LAND WITHOUT POWER ASSISTED DEVICES; TO AMEND SECTION 50-5-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE "ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS NOT ILLEGAL PER SE MAY BE DONATED TO A NON-PROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT OF NATURAL RESOURCES, THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, AND TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-335, CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO COMBINE AND EXPAND THE PROVISIONS FOR PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED REGULATIONS; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS AS TO SHAD AND HERRING, SO AS TO PROVIDE FOR THE USE OF SKIM-BOW NETS WITHIN THE SPECIAL PROVISIONS RELATING TO SHAD AND HERRING; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE A DUPLICATE PROVISION; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO CONFORM LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO CHANGE A REFERENCE TO THE APPEAL AUTHORITY FROM ARTICLE 3, CHAPTER 23, TITLE 1 OF THE CODE TO ARTICLE 5, CHAPTER 23, TITLE 1 OF THE CODE; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE PASSENGERS AMONG THOSE WHO MAY BE GUILTY OF VIOLATING THE SECTION, AND TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE.
and asks for a Committee of Conference and has appointed Senators Gregory, Ravenel and McGill of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. GOURDINE, RISER and LOFTIS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4607--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 4607 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ASSESS AN OPTIONAL ADDITIONAL FORTY DOLLAR FEE FOR THIS LICENSE PLATE, AND TO PROVIDE FOR THE DISTRIBUTION OF THIS OPTIONAL FEE.

Rep. TOWNSEND explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 852--FREE CONFERENCE POWERS GRANTED

Rep. HARRELL moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

The yeas and nays were taken resulting as follows:

Yeas 83; Nays 5

Those who voted in the affirmative are:

Allison                Bales                  Bingham
Bowers                 Brown, G.              Brown, J.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Delleney
Easterday              Edge                   Emory
Freeman                Gilham                 Harrell
Harrison               Hines, J.              Hinson
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Law
Leach                  Littlejohn             Lloyd
Lourie                 Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Quinn                  Rhoad                  Rice
Rivers                 Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Simrill                Smith, D.C.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Webb                   Weeks                  White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--83

Those who voted in the negative are:

Coates                 Kennedy                Lucas
Sheheen                Smith, G.M.

Total--5

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. HARRELL, COOPER and J. R. SMITH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 852--FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
S. 852
The General Assembly, Columbia, S.C., June 6, 2002

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

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:
/     SECTION     1.     Section 12-44-30(13) of the 1976 Code is amended to read:

"(13)     'Investment period' means the period beginning sixty days before the county takes action or identifies the project under Section 12-44-40(C), and ending five years after the commencement date; except that for a project with an enhanced investment as described above, the period ends eight years after the commencement date. The minimum investment must be completed within five years of the commencement date. For an enhanced investment, the enhanced investment must be completed within eight years of the commencement date. If the sponsor does not anticipate completing the project within this period, the sponsor may apply to the county before the end of the period for an extension of time to complete the project. If the county agrees to an extension, it must do so in writing and furnish a copy of the extension to the Department of Revenue within thirty days of the date the extension was granted. The extension may not exceed two five years in which to complete the project. An extension is not allowed for the time period in which the sponsor must meet the minimum investment requirement."

SECTION     2.     Section 12-44-90 of the 1976 Code is amended by adding at the end:

"(H)     The department, for good cause, may allow additional time for filing of returns required under this chapter. The request for an extension may be granted only if the request is filed with the department on or before the date the return is due. However, the extension must not exceed sixty days from the date the return is due. The department shall develop applicable forms and procedures for handling and processing extension requests. An extension may not be granted to a taxpayer who has been granted an extension for a previous period and has not fulfilled the requirements of the previous period."

SECTION     3.     Section 4-29-67 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately lettered subsection at the end to read:

"( )(1)     All agreements entered into pursuant to this section must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(a)     the legal name of each party to the agreement;

(b)     the county and street address of the project and property to be subject to the agreement;

(c)     the minimum investment agreed upon;

(d)     the length and term of the agreement;

(e)     the assessment ratio applicable for each year of the agreement;

(f)     the millage rate applicable for each year of the agreement;

(g)     a schedule showing the amount of the fee and its calculation for each year of the agreement;

(h)     a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(i)         a statement answering the following questions:

(i)         Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(ii)     Is disposal of property subject to the fee allowed?;

(iii)     Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(iv)     Will payment amounts be modified using a net present value calculation?; and

(v)     Do replacement property provisions apply?

(j)         any other feature or aspect of the agreement which may affect the calculation of subitems (g) and (h) of this item;

(k)     a description of the effect upon the schedules required by subitems (g) and (h) of this item of any feature covered by subitems (i) and (j) not reflected in the schedules for subitems (g) and (h);

(l)         which party or parties to the agreement are responsible for updating any information contained in the summary document.

(2)     The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subitem (1)(g) or as modified pursuant to subitem (1)(j), (k), or (l) and that payment must be distributed to the affected taxing entities according to the schedule in subitem (1)(g) or as modified pursuant to subitem (1)(j), (k), or (l)."

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

"Section 4-12-45.     (A)     All agreements entered into pursuant to this chapter must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(1)     the legal name of each party to the agreement;

(2)     the county and street address of the project and property to be subject to the agreement;

(3)     the minimum investment agreed upon;

(4)     the length and term of the agreement;

(5)     the assessment ratio applicable for each year of the agreement;

(6)     the millage rate applicable for each year of the agreement;

(7)     a schedule showing the amount of the fee and its calculation for each year of the agreement;

(8)     a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(9)         a statement answering the following questions:

(a)     Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(b)     Is disposal of property subject to the fee allowed?;

(c)     Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(d)     Will payment amounts be modified using a net present value calculation; and

(e)     Do replacement property provisions apply?

(10)     any other feature or aspect of the agreement which may affect the calculation of items (7) and (8) of this subsection;

(11)     a description of the effect upon the schedules required by items (7) and (8) of this subsection of any feature covered by items (9) and (10) not reflected in the schedules for items (7) and (8) of this subsection;

(12)     which party or parties to the agreement are responsible for updating any information contained in the summary document.

(B)     The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subsection (A)(7) or as modified pursuant to subsection (A)(10), (11), or (12) and that payment must be distributed to the affected taxing entities according to the schedule in subsection (A)(8) or as modified pursuant to subsection (A)(10), (11), or (12)."

SECTION     5.     Chapter 44, Title 12 of the 1976 Code is amended by adding:

"Section 12-44-55.     (A)     All agreements entered into pursuant to this chapter must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(1)     the legal name of each party to the agreement;

(2)     the county and street address of the project and property to be subject to the agreement;

(3)     the minimum investment agreed upon;

(4)     the length and term of the agreement;

(5)     the assessment ratio applicable for each year of the agreement;

(6)     the millage rate applicable for each year of the agreement;

(7)     a schedule showing the amount of the fee and its calculation for each year of the agreement;

(8)     a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(9)     a statement answering the following questions:

(a)     Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(b)     Is disposal of property subject to the fee allowed?;

(c)     Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(d)     Will payment amounts be modified using a net present value calculation?; and

(e)     Do replacement property provisions apply?

(10)     any other feature or aspect of the agreement which may affect the calculation of items (7) and (8) of this subsection;

(11)     a description of the effect upon the schedules required by items (7) and (8) of this subsection of any feature covered by items (9) and (10) not reflected in the schedules for items (7) and (8) of this subsection;

(12)     which party or parties to the agreement are responsible for updating any information contained in the summary document.

(B)     The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subsection (A)(7) or as modified pursuant to subsection (A)(10), (11), or (12) and that payment must be distributed to the affected taxing entities according to the schedule in subsection (A)(8) or as modified pursuant to subsection (A)(10, (11), or (12)."

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

"CHAPTER 35
The Simplified Sales and Use Tax
Administration Act

Section 12-35-10.     This act may be cited as the 'Simplified Sales and Use Tax Administration Act'.

Section 12-35-20.     As used in this chapter:

(1)     'Agreement' means the Streamlined Sales and Use Tax Agreement.

(2)     'Certified automated system' means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction.

(3)     'Certified service provider' means an agent certified jointly by the states that are signatories to the agreement to perform all of the seller's sales tax functions.

(4)     'Department' means the South Carolina Department of Revenue.

(5)     'Director' means the director of the department.

(6)     'Person' means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity.

(7)     'Sales tax' means the tax imposed pursuant to Article 9, Chapter 36 of this title.

(8)     'Seller' means a person making sales, leases, or rentals of personal property or services.

(9)     'State' means a state of the United States and the District of Columbia.

(10)     'Use tax' means the tax imposed pursuant to Article 13, Chapter 36 of this title.

Section 12-35-30.     The General Assembly finds that a simplified sales and use tax system will reduce and over time eliminate the burden and cost for all vendors to collect this State's sales and use tax. The General Assembly further finds that this State should participate in multistate discussions to review or amend, or both, the terms of the agreement to simplify and modernize sales and use tax administration in order substantially to reduce the burden of tax compliance for all sellers and for all types of commerce.

Section 12-35-40.     For the purposes of reviewing or amending, or both, the agreement embodying the simplification requirements as contained in Section 12-35-70 of this chapter, this State shall enter into multistate discussions. For purposes of the discussions, this State must be represented by four delegates. The four delegates are the director of the department or the director's designee, the Chairman of the House Ways and Means Committee or the chairman's designee, the Chairman of the Senate Finance Committee or the chairman's designee, and one delegate appointed by the Governor from the business community. Any decision concerning the agreement must be made by a majority of this State's delegation present at the meeting. Members of the delegation shall receive the mileage, subsistence, and per diem authorized by law for members of state boards, committees, and commissions, and must be paid from sales and use tax collections.

Section 12-35-50.     The department shall enter into the Streamlined Sales and Use Tax Agreement with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. In furtherance of the agreement, the department may act jointly with other states that are members of the agreement to establish standards for certification of a certified service provider and certified automated system and establish performance standards for multistate sellers.

The department or the director's designee also may take other actions reasonably required to implement the provisions set forth in this chapter. Other actions authorized by this section include, but are not limited to, the adoption of rules and regulations and the joint procurement, with other member states, of goods and services in furtherance of the cooperative agreement.

The director or the director's designee may represent this State before the other states that are signatories to the agreement.

Section 12-35-60.     No provision of the agreement authorized by this chapter in whole or part invalidates or amends any provision of the law of this State. Adoption of the agreement by this State does not amend or modify any law of this State. Implementation of any condition of the agreement in this State, whether adopted before, at, or after membership of this State in the agreement, must be by the action of this State.

Section 12-35-70.     The department shall not enter into the Streamlined Sales and Use Tax Agreement unless the agreement requires each state to abide by the following requirements:

(1)     Simplified State Rate. The agreement must set restrictions to limit over time the number of state rates.

(2)     Uniform Standards. The agreement must establish uniform standards for the following:

(a)     the sourcing of transactions to taxing jurisdictions;

(b)     the administration of exempt sales; and

(c)     sales and use tax returns and remittances.

(3)     Central Registration. The agreement must provide a central, electronic registration system that allows a seller to register to collect and remit sales and use taxes for all signatory states.

(4)     No Nexus Attribution. The agreement must provide that registration with the central registration system and the collection of sales and use taxes in the signatory states is not used as a factor in determining whether the seller has nexus with a state for any tax.

(5)     Local Sales and Use Taxes. The agreement must provide for reduction of the burdens of complying with local sales and use taxes through the following:

(a)     restricting variances between the state and local tax bases;

(b)     requiring states to administer any sales and use taxes levied by local jurisdictions within the state so that sellers collecting and remitting these taxes do not have to register or file returns with, remit funds to, or be subject to independent audits from local taxing jurisdictions;

(c)     restricting the frequency of changes in the local sales and use tax rates and setting effective dates for the application of local jurisdictional boundary changes to local sales and use taxes; and

(d)     providing notice of changes in local sales and use tax rates and of changes in the boundaries of local taxing jurisdictions.

(6)     Monetary Allowances. The agreement must outline any monetary allowances that are to be provided by the states to sellers or certified service providers.

(7)     State Compliance. The agreement must require each state to certify compliance with the terms of the agreement before joining and to maintain compliance, under the laws of the member state, with all provisions of the agreement while a member.

(8)     Consumer Privacy. The agreement must require each state to adopt a uniform policy for certified service providers that protects the privacy of consumers and maintains the confidentiality of tax information.

(9)     Advisory Councils. The agreement must provide for the appointment of an advisory council of private sector representatives and an advisory council of nonmember state representatives to consult with in the administration of the agreement.

Section 12-35-80.     The agreement authorized by this chapter is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes under the duly adopted law of each member state.

Section 12-35-90.     (A)     The agreement authorized by this chapter binds and inures only to the benefit of this State and the other member states. No person, other than a member state, is an intended beneficiary of the agreement. Any benefit to a person other than a state is established by the law of this State and the other member states and not by the terms of the agreement.

(B)     Consistent with subsection (A), no person has any cause of action or defense under the agreement or by virtue of this state's approval of the agreement. No person, in any action brought under any provision of law, may challenge any action or inaction by any department, agency, or other instrumentality of this State, or any political subdivision of this State on the ground that the action or inaction is inconsistent with the agreement.

(C)     No law of this State, or the application of the law, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the agreement.

Section 12-35-100.     (A)     A certified service provider is the agent of a seller, with whom the certified service provider has contracted, for the collection and remittance of sales and use taxes. As the seller's agent, the certified service provider is liable for sales and use tax due each member state on all sales transactions it processes for the seller except as set out in this section.

A seller that contracts with a certified service provider is not liable to the state for sales or use tax due on transactions processed by the certified service provider unless the seller misrepresented the type of items it sells or committed fraud. In the absence of probable cause to believe that the seller has committed fraud or made a material misrepresentation, the seller is not subject to audit on the transactions processed by the certified service provider. A seller is subject to audit for transactions not processed by the certified service provider. The member states acting jointly may perform a system check of the seller and review the seller's procedures to determine if the certified service provider's system is functioning properly and the extent to which the seller's transactions are being processed by the certified service provider.

(B)     A person that provides a certified automated system is responsible for the proper functioning of that system and is liable to the state for underpayments of tax attributable to errors in the functioning of the certified automated system. A seller that uses a certified automated system remains responsible and is liable to the state for reporting and remitting tax.

(C)     A seller that has a proprietary system for determining the amount of tax due on transactions and has signed an agreement establishing a performance standard for that system is liable for the failure of the system to meet the performance standard."

SECTION     7.     A.         Section 4-12-30(C)(2), as last amended by Act 399 of 2000, is further amended to read:

"(2)     From the end of the property tax year in which the sponsor and the county execute the initial lease agreement, the sponsor has five years in which to complete its investment for purposes of qualifying for this section. If the sponsor does not anticipate completing the project within five years, the sponsor may apply to the county before the end of the five-year period for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing, and a copy must be delivered to the department within thirty days of the date the extension was granted. The extension may not exceed two five years in which to complete the project. There is no extension allowed for the five-year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years, all property under the lease agreement or agreements, reverts retroactively to the payments required by Section 4-12-20. The difference between the fee actually paid by the sponsor and the payment which is due under Section 4-12-20 is subject to interest, as provided in Section 12-54-25(D). Any property placed in service after the five-year period, or seven up to ten years in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-12-20 if the county has title to the property, or to property taxes, as provided in Chapter 37 of Title 12 if the sponsor has title to the property.

For purposes of those businesses qualifying under subsection (D)(4), the five-year period referred to in this subsection is eight years and the seven-year period is ten years."

B.         Section 4-12-30(Q) of the 1976 Code, as last amended by Act 149 of 1997, is further amended by adding an item at the end to read:

"(8)     The department, for good cause, may allow additional time for filing of returns required under this chapter. The request for an extension may be granted only if the request is filed with the department on or before the date the return is due. However, the extension must not exceed sixty days from the date the return is due. The department shall develop applicable forms and procedures for handling and processing extension requests. An extension may not be granted to a taxpayer who has been granted an extension for a previous period and has not fulfilled the requirements of the previous period."

C.         Section 4-29-67(C)(2)(a) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(a)     From the end of the property tax year in which the investor and the county execute the initial lease agreement, the investor has five years in which to complete its investment for purposes of qualifying for this section. If the investor does not anticipate completing the project within five years, the investor may apply to the county before the end of the five-year period for an extension of time, up to two five years, to complete the project. The county's agreement to grant the extension must be in writing, and a copy must be delivered to the Department of Revenue within thirty days of the date the extension was granted."

D.         Section 4-29-67(C)(2)(c) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(c)     Unless property qualifies as replacement property pursuant to a contract provision enacted pursuant to subsection (F)(2), property placed in service after the five-year period, or seven up to ten years in the case of a project which has received an extension, is not part of the fee agreement pursuant to subsection (D)(2) and is subject to the payments required by Section 4-29-60 if the county has title to:

(i)         the property; or

(ii)     to property taxes, as provided in Chapter 37 of Title 12, if the investor has title to the property."
E.         Section 4-29-67(S) of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new item at the end to read:

"(7)     The department, for good cause, may allow additional time for filing of returns required under this section. The request for an extension may be granted only if the request is filed with the department on or before the date the return is due. However, the extension must not exceed sixty days from the date the return is due. The department shall develop applicable forms and procedures for handling and processing extension requests. An extension may not be granted to a taxpayer who has been granted an extension for a previous period and has not fulfilled the requirements of the previous period."

F.         Section 12-10-80(A)(9) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(9)     Each qualifying business claiming in excess of ten thousand dollars in a calendar year must furnish an audited to the council and to the department a report prepared by an independent certified public accountant that itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the written approval by the council for an extension of that date. Extensions may be granted only for good cause shown. The department shall impose a penalty pursuant to Section 12-54-210 for all reports filed after June thirtieth or the approved extension date, whichever is later. The department shall audit each qualifying business with claims in excess of ten thousand dollars in a calendar year at least once every three years to verify proper sources and uses of the funds."

G.         Section 12-10-80(C)(3) of the 1976 Code, as last amended by Act 399 of 2000, is further amended by adding two new subitems at the end to read:

"(h)     training for all relevant employees that enable a company to export or increase a company's ability to export its products, including training for logistics, regulatory, and administrative areas connected to the company's export process and other export process training that allows a qualified company to maintain or expand its business in this State;

(i) apprenticeship programs."

H.         Chapter 10, Title 12 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding:

"Section 12-10-105.     In addition to the application fee provided in Section 12-10-100, an additional annual fee of one thousand dollars must be remitted by those qualifying businesses receiving in excess of ten thousand dollars of job development credits in one calendar year to the department to be used to reimburse the Department of Revenue for costs incurred auditing reports required pursuant to Section 12-10-80(A)."

I.         Section 12-37-220(B)(11) of the 1976 Code is amended by adding a subitem at the end to read:

"(e)     All property of nonprofit housing corporations or solely-owned instrumentalities of these corporations which is devoted to providing housing to low or very low income residents. A nonprofit housing corporation must satisfy the safe harbor provisions of Revenue Procedure 96-32 issued by the Internal Revenue Service to qualify for this exemption."

SECTION     8.     A.         Section 12-6-3910 of the 1976 Code is amended to read:

"Section     12-6-3910.     (A)     South Carolina estimated tax payments must be made in a form prescribed by the department in accordance with Internal Revenue Code Sections 6654 and 6655 except that:

(1)     the small amount provisions in Internal Revenue Code Sections 6654(e)(1) and 6655(f) are one hundred dollars rather than five hundred dollars;

(2)     income for the first installment for corporations is annualized using the first two three months of the taxable year;

(3)(a)     The due dates of the installment payments for calendar year taxpayers other than corporations are:

First quarter: April 15

Second quarter: June 15

Third quarter: September 15

Fourth quarter: January 15

of the following

taxable year.

(b)     The due dates of the installment payments for calendar year corporations are:

First quarter: March April 15

Second quarter: June 15

Third quarter: September 15

Fourth quarter: December 15.

(c)     In applying the estimated tax payment provisions to a taxable year beginning on a date other than January 1, the month that corresponds to the months specified above must be substituted.

(B)     Payments required by this section are considered payments on account of income taxes imposed by this chapter and license fees imposed by Chapter 20 for the taxable year designated.

(C)     To the extent that estimated tax payments and withholdings are in excess of the taxpayer's income tax and license fee liability as shown on the income tax return, the taxpayer may claim a:

(1)     refund; or

(2)     credit for estimated income tax for the succeeding taxable year; or.

(3)     credit against the corporate license fee for the current taxable year in the case of corporations.

(D)     For corporate taxpayers, estimated tax payments will be deemed to first apply to income taxes and then apply to license fees."

B.         Section 12-6-4980(B) of the 1976 Code is amended to read:

"(B)     When a taxpayer other than a corporation is not required to make a payment of tax at the time of the extension, and the taxpayer has been granted an extension of time to file a federal income tax return, the taxpayer is not required to apply to the department for an extension of time to file the South Carolina return. The department shall accept a copy, if applicable, of a properly filed federal extension attached to the South Carolina return when filed. Any tax taxes shown to be due on a return required pursuant to this chapter must be paid at the time the return is due to be filed, without regard to any extension of time granted for filing the return."

C.         Section 12-20-20(C) of the 1976 Code is amended to read:

"(C)     The department, for good cause, may allow an extension of time for filing an annual report. A request for an extension of time for filing an annual report must be filed in accordance with Section 12-6-4980(A). An extension of time for filing does not extend the time for paying the license fee due."

D.         Section 12-54-55 of the 1976 Code is amended to read:

"Section 12-54-55.     In the case of an underpayment of declaration of estimated tax by an individual, estate, trust, or corporate taxpayer, instead of all other penalties provided by law, there must be added to the tax for the taxable year a penalty to be determined as follows:

(1)     In the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which income tax due the other state was withheld.

(2)     In the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655 and applicable regulations, except that:

(a)     the small amount provisions are one hundred dollars rather than five hundred dollars;.

(b)     the first installment payment for corporations is due on March 15, or in the case of a taxable year beginning on any date other than January 1, there is substituted the month which corresponds to that date; and

(c)     for the annualized installment method, income for the first installment is annualized using the first two months of the taxable year."

E.         This section takes effect upon approval by the Governor and applies for estimated taxes due after 2002.

SECTION     9.     Section 12-56-20(1) of the 1976 Code is amended to read:

"(1)     'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, or any other governmental or quasi governmental entity of any state or the United States. It includes the South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, the Internal Revenue Service, and the United States Department of Education. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapters Chapter 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members, other political subdivisions, or other claimant agencies as defined in this item. A political subdivision who submits a claim through an association is a claimant agency for the purpose of the notice and appeal provisions and other requirements of this chapter."

SECTION     10.     The second paragraph of Section 59-20-20(3) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"The index must be determined annually by the Department of Revenue from sales ratio data based on the most recent studies made which correspond with the base year assessments used to compute the current index pursuant to Section 12-43-250 for assessed property within a school district. The base year is the second completed taxable year preceding the fiscal year in which the index is used. The Department of Revenue shall provide the index a preliminary index by November December first of each year end and a final index by February first of each year to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. Changes and corrections may be made to the index before February first but no change is allowed after that date. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Department of Revenue shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Department of Revenue to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Department of Revenue for the purpose of determining an annual index must be preserved as public records in the offices of the Department of Revenue for four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale are a part of the public records so preserved. The Department of Revenue shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation must be included as the public records to be preserved by the Department of Revenue. In determining sales to assessment ratio, the Department of Revenue shall use only reported consideration on sales for which deeds have been placed on public record. Where sufficient sales data is not available, the Department of Revenue shall make appraisals in lieu of sales in order to determine the index. The appraisals, including all working papers, must be included as the public records to be preserved by the Department of Revenue. With respect to school districts within counties where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290, the same having been adopted by the auditors under Article 3, Chapter 43 of Title 12, the index must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair market value."

SECTION     11.     Section 12-36-910(B)(3) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(3)     gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after August 1, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted;"

SECTION     12.     Section 12-36-1310(B)(3) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(3)     gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after August 1, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term "charges for mobile telecommunications services" is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted;"

SECTION     13.     Section 12-54-195 of the 1976 Code, as added by Act 89 of 2001, is amended to read:

"Section 12-54-195.     (A)     As used in this section, 'responsible person' includes any officer, partner, or employee of the taxpayer who has a duty to pay to the department the any state or local sales tax due by the taxpayer or use tax required or authorized to be collected by the retailer pursuant to Chapter 36 of this title or with respect to any local sales and use tax collected by the department on behalf of a political subdivision of the State.

(B)     If a retailer adds and collects the a state or local sales tax as permitted by Section 12-36-940, or collects the a state or local use tax from the purchaser as required by Section 12-36-1350, but the retailer fails to remit the tax collected to the department, then any a responsible person may be held liable, individually and personally, for a penalty equal to one hundred percent of the tax collected but not remitted to the department, along with penalties and interest from the date the tax was due. The tax, penalties, and interest is are not collectible from the retailer to the extent the penalty tax, penalties, and interest imposed by this subsection is are collected from a responsible person."

SECTION     14.     Section 12-6-1130(9) of the 1976 Code is amended to read:

"(9)     If for federal income tax purposes a taxpayer claims a credit which requires a reduction of basis to Section 38 property under Internal Revenue Code Section 48(q) or 49(d) 50(c), the taxpayer may deduct the amount of the basis reduction for South Carolina income tax purposes by the amount of the basis reduction in the tax year in which basis is reduced for federal income tax purposes. If a taxpayer makes an election under Internal Revenue Code Section 48(q)(4) to reduce the credit and not the basis, this subitem does not apply."

SECTION     15.     Section 12-43-220(c)(2)(ii) of the 1976 Code is amended to read:

"(ii)     This item does not apply unless the owner of the property or the owner's agent applies for the four percent assessment ratio before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. In the application the owner or his agent must certify to the following statement:

"Under penalty of perjury I certify that:

(A)     the residence which is the subject of this application is my legal residence and where I am domiciled at the time of this application and that I do not claim to be a legal resident of a jurisdiction other than South Carolina for any purpose; and

(B)     that neither I nor any other member of my household is residing in or occupying any other residence in South Carolina which I or any member of my immediate family has qualified for the special assessment ratio allowed by this section."

SECTION     16.     A.     Section 12-21-3920(4) and (6) of the 1976 Code are amended to read:

"(4)     'Promoter' means an individual, corporation, partnership, or organization licensed as a professional solicitor by the Secretary of State who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.

(6)         'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m the hours of 12:00 p.m. and 2:00 a.m. No more than one session, limited to twelve hours, may occur during the permitted twelve-hour fourteen-hour period. Regardless of the starting time within the permitted period, the session may not extend beyond 2:00 a.m. These limitations do not apply to games operated by state or county fairs."

B.         Section 12-21-3950(B) of the 1976 Code is amended to read:

"(B)     Upon application for a license, the department has thirty forty-five days to approve or reject the application based on the requirements of this article."

C.     Section 12-21-3990(A)(1) and (2) of the 1976 Code are amended to read:

"(1)     Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. All cards sold for a game must sell for face value and cards may not be given to players as prizes or for free. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games.

(2)     Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each game game's beginning including, but not limited to, wild card games. In addition, at the conclusion of each game, the prize, specifically stating the dollar amount or value of merchandise awarded to the winner or winners for the game completed, must be announced before the next game begins."

D.     Section 12-21-4000(12)(b) of the 1976 Code is amended to read:

"(b)     A bingo operation may take in only two times more in gross proceeds than the prize for that session averaged on a quarterly basis. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. Each session that the gross proceeds are greater than twice the prize amounts paid constitutes a separate offense if the tax is unpaid. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State."

E.     Section 12-21-4000 of the 1976 Code is amended by adding at the end:

"(15)     The house may hold promotions of special events during a session offering players prizes other than from the play of bingo not to exceed one hundred dollars in cash or merchandise for each session. This amount is not to be paid out of the bingo account and is not included in total payouts for a session. There is no additional charge to players to participate in a special promotion. The promotion must not be a form of gambling or a game of chance."

F.     Section 12-21-4020(2) and (3) of the 1976 Code are amended to read:

"(2)     CLASS B:     An organization operating a bingo game offering prizes, which do not exceed eight thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three five bingo sessions a week.

(3)     CLASS C:     An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session. The department, in its discretion, may allow certain Class C licenses to use hard bingo cards in lieu instead of the paper cards required by this article.

To qualify to play on hard cards, a bingo game conducted by a Class C license must meet the following criteria:

(a)     be operated solely by volunteers;

(b)     the person managing, conducting, or operating the bingo game may must not be paid or otherwise be compensated and must be a designated member of the organization;

(c)     remuneration, (including wages or other compensation), may must not be made to any individual or corporation;

(d)     all equipment used to operate a game of bingo, including chairs, tables, and other equipment, must be owned by the charity;

(e)     the organization must may lease the building directly from the owner of the building or own the building in which the game of bingo is played. The organization may not lease or sublease the building from a person who is not the owner;

(f)     the only expenses allowed to be paid from the proceeds of the game are utility bills, prizes, purchases of cards, payments for the lease of a building, purchases of equipment required to operate a game of bingo, and the charitable purposes of the organization;

(g)     one hundred percent of the net proceeds from the operation of the game must be used for charitable purposes."

G.     Section 12-21-4080(A) of the 1976 Code is amended to read:

"(A)     Upon completion of the session, the promoter or the organization member representative shall deliver to the representative member of the organization deposit the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees into the bingo checking account. If the promoter is authorized by the organization to make the session deposit, the promoter shall deliver to the organization representative evidence that the deposit was made in a timely manner. This evidence must be furnished no later than the next business day following the day of the bingo session on which the proceeds were obtained."

H.     Section 12-21-4090(C) of the 1976 Code is amended to read:

"(C)     An organization receiving an annual license to conduct bingo shall establish and maintain one regular checking account designated the 'bingo account' and also may maintain an interest-bearing savings account designated the 'bingo savings account'. All funds derived from the conduct of bingo, less the amount awarded as cash prizes, must be deposited in the bingo account. No Other funds may not be deposited in the bingo account, unless there is a deficit, and then both the organization and promoter shall deposit a loan equal to fifty percent of the deficit. Each loan deposited into the bingo checking account must be accounted for on the quarterly financial reports filed with the department. Detailed information substantiating these loans must be maintained by the organization. Deposits must be made no later than the next business day following the day of the bingo occasion on which the receipts were obtained. All accounts must be maintained in a financial institution in this State."

I.     Section 12-21-4120 of the 1976 Code is amended to read:

"Section 12-21-4120.     A person who is found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request. Any organization or promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. Any organization or promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request."

J.     Section 12-21-4210 of the 1976 Code is amended to read:

"Section 12-21-4210.     Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges. If an organization operating a bingo game ceases operation within fifteen days from the purchase of the last voucher and the voucher remains outstanding, the department shall accept the returned paper and credit the value of returned paper against the outstanding voucher. The organization then shall pay the balance of the voucher less the value of returned paper."

K.     Section 12-21-4270 of the 1976 Code is amended to read:

"Section 12-21-4270.     Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by check, certified check, any electronic method, or cash within fifteen days of receipt of the application. If payment is made by check and the check is returned by the bank for any reason, the organization or promoter then is required to make payment to the department by certified funds for the remainder of the time that the bingo session is in operation. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter, outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420."

L.     Article 24, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-4005.     The operation of the bingo games excludes machines and lottery games, including video poker lottery games, prohibited by Section 12-21-2710, 16-19-40, and 16-19-50.

Section 12-21-4300.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article 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 article, the General Assembly hereby declaring that it would have passed this article, 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."

M.     Notwithstanding any other effective date provided in this act, this section takes effect October 1, 2002.

SECTION     17.     The 1976 Code is amended by adding:

"Section 12-2-90.     (A)     As used in this section, 'fee-in-lieu of tax' means the amount required to be paid by the owners or lessees of any property in an industrial or business park pursuant to the provisions of Section 13(D) of Article VIII of the Constitution of this State and its implementing statutes.

(B)     For purposes of the collection and enforcement of the fee-in-lieu of tax:

(1)     Owners and lessees of any property in an industrial or business park shall file returns and other information as if the property were taxable.

(2)     Returns are due at the same time as property tax returns would be due if the property were taxable.

(3)     The fee-in-lieu of tax is due at the same time as property tax payments would be due if the property were taxable.

(4)     Failure to make a timely fee-in-lieu of tax payment or to file required returns shall result in penalties being assessed as if the payment or return were a property tax payment or return.

(5)     The provisions of this title which are applicable to the collection and enforcement of property taxes apply to the collection and enforcement of the fee-in-lieu of tax and, for purposes of applying those provisions, the fee-in-lieu of tax is considered a property tax. The provisions of Section 12-54-155 do not apply to this section.

(C)     The provisions of this section are in addition to and do not affect any other provision of law relating to the collection and enforcement of other forms of payments in-lieu of taxes."

SECTION     18.     Title 2 of the 1976 Code is amended by adding:

"CHAPTER 41
Joint Committee on Taxation

Section 2-41-10.     There is established the Joint Committee on Taxation composed of nine members. The nine members must be appointed as follows:

(1)     three Senators appointed by the Chairman of the Senate Finance Committee;

(2)     three members of the House of Representatives appointed by the Chairman of the Ways and Means Committee; and

(3)     three representatives of the business community, one being a certified public accountant, appointed by the Governor.

Members of the Senate and House of Representatives serve ex-officio. The committee chairman must be one of the legislative members and the vice-chairman must be one of the business community members. Both officers are to be elected by the membership of the committee. The terms of members appointed by the Governor shall be coterminous with the term of the appointing Governor.

Section 2-41-20.     The committee must:

(1)     make a detailed and careful study of the revenue laws of the State, together with all other laws of the State which have a bearing upon the study of the revenue laws, and to make recommendations to the General Assembly;

(2)     provide for the revision of revenue laws so as to develop a more easily understandable and workable system of revenue laws for the State;

(3)     recommend changes in the basic tax structure of the State and in the rates of taxation, together with predicted revenue effects of the charges together with proposed alternate sources of revenue, to the end that our revenue system may be stable and equitable, and yet so fair when compared with the tax structures of other states, that business enterprises and persons would be encouraged by the economic impact of the South Carolina revenue laws to move themselves and their business enterprises into the State;

(4)     recommend study of alternate sources of revenue found in the tax structures of other states, and particularly in the other southeastern states, and to make a report of the economic impact of the South Carolina tax structure upon the business enterprises of various types of industry, as compared with those of other southeastern states; and

(5)     make recommendations for long-range revenue planning and for future amendments of the revenue laws of South Carolina.

Section 2-41-30.     The committee may:

(1)     hold public hearings;

(2)     receive testimony of any employees of the State or any other witnesses who may assist the committee in its duties; and

(3)     call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions.

Section 2-41-40.     The committee may adopt by majority vote rules not inconsistent with this chapter it considers proper with respect to matters relating to the discharge of its duties under this chapter.

Section 2-41-50.     Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Revenue, and other state agencies and institutions.

Section 2-41-60.     The committee must make reports and recommendations to the General Assembly and the Governor by June 30, 2006, at which time the committee will be dissolved. These findings and recommendations must be published and made available to the public.

Section 2-41-70.     The members of the committee are entitled to receive the per diem, mileage, and subsistence as is allowed by law for members of boards, committees, and commissions when engaged in the exercise of their duties as members of the committee. These expenses must be paid from approved accounts of their respective appointing authority. All other costs and expenses of the committee must be paid in equal proportion by the Senate, the House of Representatives, and the Office of the Governor, but only after the expenditures have been approved in advance by the President Pro Tempore of the Senate, the Speaker of the House, and the Governor."

SECTION     19.     A.         Section 59-2-70 of the 1976 Code, as added by Act 72 of 2001, is amended by adding a new subsection appropriately numbered to read:

"( )     Beneficiaries may be changed in any account by an account owner as desired to the extent not prohibited by federal law."

B.         Section 59-2-80(C) of the 1976 Code, as added by Act 72 of 2001, is amended to read:

"(C)     The earnings portion of any withdrawals from an account that are not qualified withdrawals shall be included in the gross income of the resident recipient of the withdrawal for purposes of South Carolina income taxes in the year of the withdrawal. Withdrawals of the principal amount of contributions that are not qualified withdrawals must be recaptured into South Carolina income subject to tax to the extent the contributions were previously deducted from South Carolina taxable income."

C.         Section 59-2-80(D) of the 1976 Code, as added by Act 72 of 2001, is amended to read:

"(D)     Contributions to an each investment trust account created under this chapter by a resident of this State or a nonresident required to file a State of South Carolina income tax return for any year are deductible from South Carolina income subject to tax for that year up to the limit of maximum contributions allowed to such accounts under Section 529 of the Internal Revenue Code of 1986, as amended, including funds transferred to an investment trust account from another qualified college investment account plan, as allowable under Section 529 of the Internal Revenue Code of 1986, as amended, and to the extent that the transferred funds were not permitted a state income tax deduction previously under state law. The deduction for funds transferred from another qualified college investment account shall be allowable in the year in which the funds are transferred South Carolina law.

For purposes of this subsection, the term 'qualified plan' means any plan qualified under Section 529 of the Internal Revenue Code of 1986, as amended.

State income tax deductions as provided for in this section may be taken in any taxable year for contributions and rollovers made during that taxable year, and up to April fifteenth of the succeeding year, or the due date of a taxpayer's state income tax return excluding extensions, whichever is longer."

D.         The 1976 Code is amended by adding:

"Section 59-2-85.     The Comptroller General and the chief financial officers of state agencies, departments, and institutions maintaining separate payroll accounts, at the request of a state employee, may arrange for contributions through payroll deduction to the program. The State Treasurer is authorized to devise a method whereby private and nonprofit businesses or organizations may arrange for employees to contribute through payroll deduction to the program."

E.         Section 12-6-1140(11) of the 1976 Code, as added by Act 72 of 2001, is amended to read:

"(11)     a contribution contributions to the South Carolina Tuition Prepayment Program as to the extent provided in Section 59-4-100 and to the South Carolina College Investment Program to the extent provided in Section 59-2-80."

F.     Notwithstanding any other effective date provided in this act, the provisions of this section take effect upon approval of this act by the Governor and apply for taxable years beginning after 2002.

SECTION     20.     Section 12-10-80(C)(3)(f) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(f)     employee relocation expenses associated with new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14) or relocation expenses associated with new national corporate headquarters as defined in Section 12-6-3410(J)(1)(a) that qualify for the enhanced corporate income tax credit under Section 12-6-3410(D);"

SECTION     21.     The first paragraph of Section 9-9-60(3) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:

"A member who has attained the age of seventy and one-half years and has twenty-five years of service or who has attained the age of 70 or has 30 years of service may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months after the execution and filing of the application, the member desires to be retired. A member who has retired under this provision shall make no further contributions to the system, shall earn no further service credit, and may not reenter membership in the system."

SECTION     22.     A.     Section 4-10-330(A)(3) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(3)(a)     If the county proposes to issue bonds to provide for the payment of any costs of the projects, the maximum amount of bonds to be issued, whether the sales tax proceeds are to be pledged to the payment of the bonds and, if other sources of funds are to be used for the projects, specifying the other sources;

(b)     the maximum cost of the project or facilities funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax, or portion of the project or portion of the facilities, to be funded from proceeds of the tax or bonds issued as provided in this article and the maximum amount of net proceeds expected to be used to pay the cost or debt service on the bonds, as the case may be; and"

B.         Section 4-10-330(D) of the 1976 Code, as added by Act 138 of 1997, is amended by adding a paragraph at the end to read:

"If the referendum includes the issuance of bonds, the question must be revised to include the principal amount of bonds proposed to be authorized by the referendum and the sources of payment of the bonds if the sales tax approved in the referendum is inadequate for the payment of the bonds."

C.         Section 4-10-340(B)(2) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(2)     the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the net proceeds equal to or greater than the amount specified in the referendum question the end of the calendar quarter during which the Department of Revenue receives a certificate under Section 4-10-360 indicating that no more bonds approved in the referendum remain outstanding that are payable from the sales tax and that all the amount of the costs of the projects approved in the referendum will have been paid upon application of the net proceeds during this quarter."

D.         Section 4-10-360 of the 1976 Code, as amended by Act 93 of 1999, is further amended to read:

"Section 4-10-360.     The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations. However, allocations made as a result of city or county code errors must be corrected prospectively. Within thirty days of the receipt of any quarterly payment, the county treasurer or the county administrator shall certify to the Department of Revenue amounts of net proceeds applied to the costs of each project and the amount of project costs remaining to be paid and, if bonds have been issued that were approved in the referendum, a schedule of payments remaining due on the bonds that are payable from the net proceeds of the sales tax authorized in the referendum."
E.         A.     Section 4-10-330(C) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(C)     Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a The referendum for this purpose must be held at the time of the general election unless the vote is to reimpose a tax in effect on or before June 1, 2002, and in existence at the time of such vote, in which case the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. However, a referendum to reimpose an existing tax as permitted above may only be held once whether or not the referendum is held on a general election day or at another time. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. If the proposed question includes the use of sales taxes to defray debt service on bonds issued to pay the costs of any project, the notice must include a statement indicating that principal amount of the bonds proposed to be issued for the purpose and, if the issuance of the bonds is to be approved as part of the referendum, stating that the referendum includes the authorization of the issuance of bonds in that amount. This notice is in lieu of any other notice otherwise required by law."

F.         Section 4-10-340(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(A)     If the sales and use tax is approved in the referendum, the tax is imposed on the first of May following the date of the referendum. If the reimposition of an existing sales and use tax imposed pursuant to this article is approved in the referendum, the new tax is imposed immediately following the termination of the earlier imposed tax. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months."
G.         A county holding a referendum and adopting an ordinance pursuant to Article 3, Chapter 10, Title 4 of the 1976 Code, before the effective date of this section in which the ordinance provides that the proceeds of the sales tax would be used to repay bonds issued to fund project costs may continue to collect the tax and apply the revenue to the repayment of the bonds while any of these bonds remain outstanding, but in no event may the tax be collected for any period longer than the maximum term of the tax provided in the referendum.

SECTION     23.     Except where otherwise provided, this act takes effect upon approval by the Governor. /

Amend title to conform.

Hugh K. Leatherman                J. R. Smith
Robert W. Hayes, Jr.              Daniel T. Cooper
Thomas L. Moore                   Robert W. Harrell, Jr.
On Part of the Senate.            On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 41--FREE CONFERENCE POWERS GRANTED

Rep. CATO moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.

The yeas and nays were taken resulting as follows:

Yeas 84; Nays 0

Those who voted in the affirmative are:

Bales                  Barfield               Bingham
Bowers                 Brown, J.              Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cotty
Delleney               Easterday              Edge
Emory                  Freeman                Frye
Gilham                 Harrison               Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Quinn
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Simrill                Smith, D.C.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--84

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. CATO, LAW and WILDER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 41--FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT

S. 41
The General Assembly, Columbia, S.C., May 29, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.

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:
/     SECTION     1.     Section 40-79-50(2) and (3) of the 1976 Code, as last amended by Act 367 of 2000, is further amended to read:

"(2)     Initial license fees are:

(a)     two hundred dollars for an alarm system business license including, which includes one primary qualifying party certificate;

(b)     fifty dollars for each branch office, which includes one primary qualifying party certificate;

(c)     ten dollars for additional qualifying party license certificate.

(3)     Renewal license fees are:

(a)     two hundred dollars for an alarm system business renewal including one primary qualifying party certificate;

(b)     fifty dollars for each branch office, which includes one primary qualifying party certificate;

(c)     ten dollars for additional qualifying party license certificate."

SECTION     2.     Section 40-79-110(H) and (I) of the 1976 Code, as last amended by Act 367 of 2000, is further amended to read:

"(H)     The licensee may complete work in progress if the licensee's license is suspended, canceled, or revoked; however, no new work may be bid or started after suspension or revocation of a license upon proper notification by the department.

(I)     Unless otherwise directed by the board, the suspension, cancellation, revocation, or restriction of a license or certificate shall become effective following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board's decision pending completion of the appellate process in accordance with the Administrative Procedures Act."

SECTION     3.     Section 40-79-130(1)(b) of the 1976 Code, as last amended by Act 367 of 2000, is further amended to read:

"(b)     had a license or registration denied, suspended, canceled, revoked, or otherwise disciplined;"

SECTION     4.     Section 40-79-220 of the 1976 Code, as added by Act 367 of 2000, is amended to read:

"Section 40-79-220.     (A)     The following branch office requirements apply:

(1)     The department shall issue a certificate to each branch burglar alarm office. This certificate authorizes the branch office to conduct business under the name of the licensed entity. The department may create the certificate as necessary. The licensed entity must apply for the certificate prior to opening the branch office and must not conduct business from this office until the applicant has received the certificate application has been approved by the department and a license number has been issued for the branch office. The certificate must be posted within the branch office upon receipt from the department.

(2)     Each branch office located within the doing business in this State must have a primary qualifying agent party assigned to that location exclusively. The This primary qualifying agent party may not be a primary qualifying agent party for any other business location in this State or be employed by or perform any burglar alarm related services for any other burglar alarm system business unless the licensed alarm business is performing work as a subcontractor. Any disciplinary action taken by the board affects all of the offices equally, unless otherwise stipulated by the board.

(3)     All branch offices shall pay a separate license fee.

(4)     Every branch office and all qualifying parties the primary qualifying party must be listed or registered, or both, with the department prior to opening the branch office. All registered employees who have access to the licensee's client records must be listed or registered, or both, with the department within ten thirty working days of employment within the branch office.

(5)     Each branch office must have a separate comprehensive general liability insurance policy or be listed on the home office policy in accordance with this chapter.

(B)     The following qualifying party requirements apply:

(1)     An alarm business, including a sole proprietorship, may not do business unless it has in its employment a primary qualifying party who meets the requirements of this chapter.

(2)     Upon passing all required examinations and meeting all other requirements, the qualifying party must be issued a qualifying party certificate. Any number of employees may become qualified and may be listed as qualifying parties.

(3)     If a qualifying party ceases to perform his duties or leaves employment of the licensee, the licensee and qualifying party must notify the department in writing within fifteen days. The licensee must obtain a substitute primary qualifying party within ninety days after the primary qualifying party ceases to perform his duties. If the licensee notifies the department within the prescribed time, the license shall remain in good standing until the prescribed time limit has expired. If the primary qualifier is not replaced within the time limit above, the license or certificate, or both, may be canceled by the department. If the licensee or qualifying party, or either, fails to notify the department within the required time, disciplinary action may be taken in accordance with this chapter.

(4)     A qualifying party may transfer his qualifications to another alarm business when he becomes a new employee for that business. The new employer must send written notification of the qualifying party's new employment to the department within fifteen days of employment.

(5)     No qualifying party for an alarm business may serve as a qualifying party for more than one licensee at a time and must be a full-time employee of the licensee.

(6)     Any qualifying party that is not listed as a qualifying party for an alarm business for four consecutive years must pass any examinations required by the board in order to become certified.

(C)     The following registered employee requirements apply:

(1)     All employees of a licensed alarm business that meet the definition of registered, as provided in Section 40-79-20, must be registered with on a form provided by the department. The licensee must conduct a criminal background check of any applicant for employment and submit the report the results to the department in conjunction with the registration process. The department must be notified by the licensee of each employee requiring registration by the licensee required to be licensed within fifteen thirty days of employment along with the results of the criminal background check of the new employee. An employee must not have access to the burglar alarm client's records until the license applicant or licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the individual meets the registration requirements set forth in this chapter. If the employee has been convicted of a crime listed in Section 40-79-130, in order to be registered the individual must appear before the board and present evidence satisfactory to the board, in its discretion, as to the individual's fitness and qualifications for registration.

(2)     The department must be notified in writing by the licensee and registered employee of termination of employment for any registered employee within fifteen thirty days after termination. If the licensee or registered employee, or either, fails to notify the department within the fifteen thirty days, disciplinary action may be taken in accordance with this chapter the department shall immediately cancel the registration of the employee. Failure of the licensee and registered employee to notify the department of the termination of the employee within thirty days may result in disciplinary action for violation of this chapter.

(3)     A licensee may employ an individual who is properly registered, certified, or licensed as an alarm system business employee from another state for a period not to exceed fifteen days in any given month. The licensee, prior to employing the person, must submit to the department the name, address, date of birth, and social security number of the person and the name of the state of current registration or licensing. Department approval of the employment of the person in this State must be obtained prior to the person being employed , without registering under this section, administrative, monitoring, or customer service personnel working temporarily within this State for a period not to exceed thirty consecutive days. These employees must not have access to the alarm business system's client's records until the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the temporary administrative, monitoring, or customer service employee meets the registration requirements set forth in this chapter. These employees do not have to be registered with the department. Any administrative or customer service personnel working over thirty consecutive days must be registered in accordance with this chapter.

(4)     A licensee may temporarily employ in this State an individual registered in another state as an alarm business employee, without registering under this section, an alarm technician who is registered in another state for a period not to exceed thirty ninety days in any given calendar year provided if the licensee submits to the department within five days from the date of employment, a report that provides the department with the name, address, social security number, job description, and dates of employment of the employee. Such an individual is not required to be registered in this State unless employed for more than thirty days in a given calendar year licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the temporary alarm technician meets the registration requirements set forth in this chapter. This employee does not have to be registered with the department. A temporary alarm technician working over ninety days in a calendar year must be registered in accordance with this chapter.

(5)     Monitoring personnel for a licensed entity located within this State that are solely engaged in burglar alarm monitoring do not have to be registered with the department, if the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the employee meets the registration requirements set forth in this chapter."

SECTION     5.     Section 40-79-240(C) and (E) of the 1976 Code, as added by Act 367 of 2000, are amended to read:

"(C)     All employees that are required to have a criminal background check must submit a new background check upon conviction of a crime.

A registered individual employee failing to qualify according to the requirements of this chapter may submit a request to the board within ten days of receipt of denial of renewal for consideration of a waiver for failure to meet the requirements of this chapter.

This individual must be allowed to continue to work under strict supervision of the alarm business until the board makes a decision on a timely waiver request."

"(E)     A burglar An alarm licensee must submit documentation of a current comprehensive general liability insurance policy with each license renewal in an amount provided for in Section 40-79-250."

SECTION 6.     Section 40-79-20(14) of the 1976 Code, as amended by Act 367 is amended to read:

"(14)     'Registered' means an owner, partner, principle officer, qualifying party, or registered employee of a burglar an alarm business whose name and address has been listed or registered with the department as an individual who has access to a client's property or burglar alarm records that can reveal, but not be limited to, the type of burglar alarm system, burglar alarm security numbers or code, or any other information pertaining to the system that could compromise the client's burglar alarm system. This includes individuals who sell, install, or service a burglar alarm system at a client's residence and a full-time employee. Also included is a part-time employee that has access to customers' records or files."

SECTION     7.     Section 40-79-20 of the 1976 Code is amended by adding at the end:

"(16)     'Administrative personnel' means an individual that performs daily office functions for the management of an alarm business.

(17)     'Monitoring personnel' means an individual that performs daily office functions observing the operation and activation of alarm systems from a monitoring station.

(18)     'Customer service personnel' means an individual working for a licensed alarm entity that provides support for customer problems, complaints, questions, and concerns involving an alarm system.

(19)     'Alarm technician' means an individual that specializes in any activity or work related to the set-up or installation, repair, alteration, or connection of an alarm system to a client's property."

SECTION     8.     Section 40-79-230 of the 1976 Code, as added by Act 367 of 2000, is amended to read:

"Section 40-79-230.     (A)     An entity desiring to carry on or engage in an alarm system business shall submit an application to the Department of Labor, Licensing and Regulation. The owner, partners, or president, as appropriate, must sign the application. The primary qualifying party must also sign the application.

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

(1)     submit a completed application as prescribed by the board;

(2)     satisfy the examination requirements prescribed by the board;

(3)     depending on the profession, have a certificate of completion from the National Training School for Burglar Alarms by taking the Level 1 training course or have a certificate of completion from the National Institute for Certification in Engineering Technologies for Fire Alarms by taking the Level II training course;

(4)     submit proof that the applicant's primary qualifying party is a full-time employee in a management position;

(4) (5)     submit a criminal background check of the entity's principal officers, all qualifying parties, and registered employees. The background check must indicate that these individuals are at least eighteen years of age and have not been convicted of any criminal act or committed any acts which are grounds for the denial of a license under this chapter;

(5) (6)     submit all documentation required by the department pursuant to the requirements of this chapter;

(6) (7)     pay all fees;

(7) (8)     the applicant must submit a list of all qualifying parties, registered employees, and branch offices in order to be licensed by the department;

(8) (9)     upon the cancellation of an alarm license, the licensee must complete an initial application, pay the appropriate fees, and be issued a new license number; and

(9)(10)     the department may provide for an alarm system business license that permits the holder to participate in the burglar alarm system or fire alarm system business, or both."

SECTION     9.     This act takes effect upon approval by the Governor.     /

Amend title to conform.

Phil P. Leventis                  Harry F. Cato
Robert L. Waldrep, Jr.            James N. Law
Thomas C. Alexander               Donny Wilder
On Part of the Senate.            On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 41:

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.

Very respectfully,
President
Received as information.

S. 41--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

H. 4876--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4876:

H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
and asks for a Committee of Conference and has appointed Senators Gregory, Moore and Grooms of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. KOON, FRYE and RHOAD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:45 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

S. 290--NONCONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration:

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

Rep. CATO explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

H. 3423--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 3423 (Word version) -- Reps. Stuart, Allison, Barfield, Bowers, J. Brown, Coates, Davenport, Freeman, Gilham, Govan, Harrison, M. Hines, Hinson, Knotts, Lee, Lloyd, Lourie, McCraw, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Parks, Phillips, Rodgers, Scott, Simrill, G. M. Smith, Talley, Weeks, Whatley, Whipper and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF AND INTENT OF THE GENERAL ASSEMBLY THAT SPECIAL IDENTIFICATION CARDS ISSUED BY THE STATE OF SOUTH CAROLINA UNDER SECTION 56-1-3350 OF THE 1976 CODE ARE VALID FOR ALL PURPOSES FOR WHICH A DRIVER'S LICENSE MAY BE USED AS A FORM OF PHOTOGRAPHIC IDENTIFICATION OTHER THAN AS AUTHORIZATION FOR THE HOLDER TO OPERATE A MOTOR VEHICLE.

Rep. STUART proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3086HTC02), which was adopted:
Amend the concurrent resolution, as and if amended, by striking in the paragraph after the resolving words:
/ The special identification card shall be issued to the applicant as long as the applicant presents one of the following: a birth certificate; a valid South Carolina driver's license; a valid U.S. Certificate of Naturalization; a valid passport; or, any other evidence acceptable to the department. /
Amend totals and title to conform.

Rep. STUART explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Concurrent Resolution was ordered returned to the Senate.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, McGill and Matthews of the Committee of Conference on the part of the Senate on H. 4835:

H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3602:

H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.

Very respectfully,
President
Received as information.

H. 3602--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

H. 4337--FREE CONFERENCE POWERS GRANTED

Rep. KIRSH moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

The yeas and nays were taken resulting as follows:

Yeas 83; Nays 1

Those who voted in the affirmative are:

Allen                  Bales                  Barfield
Barrett                Bingham                Breeland
Brown, J.              Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Davenport              Delleney               Easterday
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Harrison               Hayes                  Hines, J.
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lucas                  Martin                 McCraw
McGee                  McLeod                 Merrill
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Owens                  Parks
Perry                  Rhoad                  Rice
Riser                  Rivers                 Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Simrill
Smith, D.C.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Taylor                 Thompson
Trotter                Vaughn                 Walker
White                  Wilder                 Wilkins
Witherspoon            Young, J.

Total--83

Those who voted in the negative are:
Coates

Total--1

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. CAMPSEN, PERRY and KIRSH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 4337--FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT

H. 4337
The General Assembly, Columbia, S.C., June 6, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.

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:
/     SECTION     1.     A.         This act may be cited as the "South Carolina Estimated Income Tax Payment Reform Act".

B.     Section 12-6-3910 of the 1976 Code is amended to read:

"Section     12-6-3910.     (A)     South Carolina estimated tax payments must be made in a form prescribed by the department in accordance with Internal Revenue Code Sections 6654 and 6655 except that:

(1)     the small amount provisions in Internal Revenue Code Sections 6654(e)(1) and 6655(f) are one hundred dollars rather than five hundred dollars;

(2)     income for the first installment for corporations is annualized using the first two three months of the taxable year;

(3)(a)     The due dates of the installment payments for calendar year taxpayers other than corporations are:

First quarter:                         April 15

Second quarter:                     June 15

Third quarter:                         September 15

Fourth quarter:                     January 15
of the following taxable year.

(b)     The due dates of the installment payments for calendar year corporations are:

First quarter:                         March April 15

Second quarter:                     June 15

Third quarter:                         September 15

Fourth quarter:                     December 15.

(c)     In applying the estimated tax payment provisions to a taxable year beginning on a date other than January 1, the month that corresponds to the months specified above must be substituted.

(B)     Payments required by this section are considered payments on account of income taxes imposed by this chapter and license fees imposed by Chapter 20 for the taxable year designated.

(C)     To the extent that estimated tax payments and withholdings are in excess of the taxpayer's income tax and license fee liability as shown on the income tax return, the taxpayer may claim a:

(1)     refund; or

(2)     credit for estimated income tax for the succeeding taxable year; or.

(3)     credit against the corporate license fee for the current taxable year in the case of corporations.

(D)     For corporate taxpayers, estimated tax payments will be deemed to apply first to income taxes and then apply to license fees."

C.     Section 12-6-4980(B) of the 1976 Code is amended to read:

"(B)     When a taxpayer other than a corporation is not required to make a payment of tax at the time of the extension, and the taxpayer has been granted an extension of time to file a federal income tax return, the taxpayer is not required to apply to the department for an extension of time to file the South Carolina return. The department shall accept a copy, if applicable, of a properly filed federal extension attached to the South Carolina return when filed. Any tax taxes shown to be due on a return required pursuant to this chapter must be paid at the time the return is due to be filed, without regard to any extension of time granted for filing the return."

D.     Section 12-20-20(C) of the 1976 Code is amended to read:

"(C)     The department, for good cause, may allow an extension of time for filing an annual report. A request for an extension of time for filing an annual report must be filed in accordance with Section 12-6-4980(A). An extension of time for filing does not extend the time for paying the license fee due."

E.     Section 12-54-55 of the 1976 Code is amended to read:

"Section 12-54-55.     In the case of an underpayment of declaration of estimated tax by an individual, estate, trust, or corporate taxpayer, instead of all other penalties provided by law, there must be added to the tax for the taxable year a penalty to be determined as follows:

(1)     in the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which income tax due the other state was withheld;

(2)     in the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655 and applicable regulations, except that:

(a)     the small amount provisions are one hundred dollars rather than five hundred dollars;.

(b)     the first installment payment for corporations is due on March 15, or in the case of a taxable year beginning on any date other than January 1, there is substituted the month which corresponds to that date; and

(c)     for the annualized installment method, income for the first installment is annualized using the first two months of the taxable year."

F.     This section takes effect upon approval by the Governor and applies for estimated taxes due after 2002.

SECTION     2.     Section 12-6-1130(9) of the 1976 Code is amended to read:

"(9)     If for federal income tax purposes a taxpayer claims a credit which requires a reduction of basis to Section 38 property under Internal Revenue Code Section 48(q) or 49(d) 50(c), the taxpayer may deduct the amount of the basis reduction for South Carolina income tax purposes by the amount of the basis reduction in the tax year in which basis is reduced for federal income tax purposes. If a taxpayer makes an election under Internal Revenue Code Section 48(q)(4) to reduce the credit and not the basis, this subitem does not apply."

SECTION     3.     A.     Section 12-6-1140(10) of the 1976 Code is amended to read:

"(10)     three hundred dollars for taxable year 1999 and three thousand dollars for taxable year 2000 for a volunteer firefighter, or rescue squad member, or volunteer member of a Hazardous Materials (HAZMAT) Response Team not otherwise eligible for this exemption. For taxable years after 2000, the Board of Economic Advisors annually shall estimate a maximum deduction that may be permitted under this section for a taxable year based on an individual income tax revenue loss of three million one hundred thousand dollars attributable to this deduction and shall certify that maximum deduction to the Department of Revenue and for the applicable taxable year, the maximum deduction amount must not exceed the lesser of the certified estimate or three thousand dollars. Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction."

B.     Section 23-9-190 of the 1976 Code, as added by Act 100 of 1999, is amended to read:

"Section 23-9-190.     (A)     The State Fire Marshal shall establish a performance-based point system for volunteer firefighters, and volunteer rescue squad members, and volunteer members of a Hazardous Materials (HAZMAT) Response Team. Members receiving annually a minimum number of points set by the Fire Marshal are eligible for the deduction allowed pursuant to Section 12-6-1140. Points must be awarded for a year as follows:

(1)     Participation in approved training, including:

(a)     Certified interior firefighter;

(b)     Emergency vehicle driver training;

(c)     Pump operations;

(d)     Incident command systems;

(e)     Rural water supply;

(f)     Automobile extrication;

(g)     Certified instructor training;

(h)     Certified inspector training;

(i)         Certified public fire education training;

(j)         Officer training.;

(k)     HAZMAT operations;

(l)         HAZMAT technician;

(m)     HAZMAT specialist.

(2)     Possessing a commercial or Class E drivers license;

(3)     Participation in first aid/medical training such as:

(a)     First responder;

(b)     EMT--basic;

(c)     EMT--intermediate;

(d)     Paramedic.

(4)     Participation in public fire education programs;

(5)     Attendance at meetings;

(6)     Station staffing; and

(7)     Volunteer response.

(B)     The Fire Marshal shall, in consultation with the South Carolina State Firemen's Association and in the case of volunteer HAZMAT Teams, county emergency services directors:

(1)     Develop a standardized form and recordkeeping system and provide a master copy of all information and forms to each fire department, and rescue squad, and HAZMAT Response Team in the State;

(2)     Provide training to the various fire chiefs or rescue squad leaders and county emergency services directors on the use of the forms and the outline of the program;

(3)     Advertise the availability of the program.

(C)     The local fire chief/rescue squad leader and county emergency services director shall:

(1)     Provide written records to each member by January 31 of the year following the applicable tax year that shows the points obtained by each member for the previous tax year;

(2)     Maintain a copy of records for each member for at least seven years;

(3)     Certify the report for each member;

(4)     Provide to the Department of Revenue by January 31 of the year following the applicable tax year copies of the records forwarded to members pursuant to item (1) of this subsection. Each member's social security number must be included in the copies forwarded to the department."

SECTION     4. A.     Section 12-36-2610 of the 1976 Code is amended to read:

"Section 12-36-2610.     When a sales or use tax return required by Section 12-36-2570 and Chapter 10 of Title 4 is filed and the taxes due on it are paid in full on or before the final due date, including any date to which the time for making the return and paying the tax has been extended pursuant to the provisions of Section 12-54-70, the taxpayer is allowed a discount as follows:

(1)     on taxes shown to be due by the return of less than one hundred dollars, three percent;

(2)     on taxes shown to be due by the return of one hundred dollars or more, two percent.

In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the department. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year. However, for taxpayers filing electronically, the discount may not exceed three thousand one hundred dollars. However, a A person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled to a discount on returns filed as otherwise provided in this section not to exceed ten thousand dollars during any one state fiscal year."

B.     Section 12-54-250(A) of the 1976 Code is amended to read:

"(A)     The South Carolina Department of Revenue may require, consistent with the cash management policies of the State Treasurer, that any person owing twenty fifteen thousand dollars or more in connection with any return, report, or other document to be filed with the department shall pay the tax liability to the State no later than the date the payment is required by law to be made in funds which are available immediately to the State on the date of payment. Payment in immediately available funds may be made by any means established by the department, with the approval of the State Treasurer, which insures ensures the availability of those funds to the State on the date of payment. Evidence of the payment must be furnished to the department on or before the due date of the tax as provided by law. Failure to make timely payment in immediately available funds or failure to provide evidence of payment in a timely manner subjects the taxpayer to penalties and interest as provided by law for delinquent or deficient tax payments."

C.     Section 12-4-580(D)(1) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(1)     'Governmental entity' means the State and any state agency, board, committee, department, private or public institution of higher learning; all political subdivisions of the State; and all federal agencies, boards, and departments. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members."

D.         Notwithstanding any other effective date in this act, this section takes effect July 1, 2002.

SECTION     5.     This act takes effect upon approval by the Governor and applies for taxable years beginning after 2002./

Amend title to read:

/ TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES. /

Senator C. Bradley Hutto          Representative Robert S. Perry, Jr.
Senator Thomas C. Alexander       Representative George E. Campsen III
Senator Robert W. Hayes, Jr.      Representative Herb Kirsh
On Part of the Senate.            On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 12--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

Rep. WALKER explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 379--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
S. 379
The General Assembly, Columbia, S.C., June 6, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET" AND "STRETCH"; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE FOR THE USE OF SKIM-BOW NETS SO AS TO PROVIDE THAT SKIM-BOW NETS MUST BE USED FROM HIGH LAND OR STRUCTURES AFFIXED TO HIGH LAND WITHOUT POWER ASSISTED DEVICES; TO AMEND SECTION 50-5-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE "ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT PERISHABLE ITEMS SEIZED, THE SALE OF WHICH IS NOT ILLEGAL PER SE, MAY BE DONATED TO A NON-PROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT OF NATURAL RESOURCES, THAT PERISHABLE ITEMS SEIZED, THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED, MUST BE SOLD, AND TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-335, CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT, WHEN SET, NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO COMBINE AND EXPAND THE PROVISIONS FOR PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED REGULATIONS; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS AS TO SHAD AND HERRING, SO AS TO PROVIDE FOR THE USE OF SKIM-BOW NETS WITHIN THE SPECIAL PROVISIONS RELATING TO SHAD AND HERRING; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE A DUPLICATE PROVISION; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO CONFORM LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO CHANGE A REFERENCE TO THE APPEAL AUTHORITY FROM ARTICLE 3, CHAPTER 23, TITLE 1 OF THE CODE TO ARTICLE 5, CHAPTER 23, TITLE 1 OF THE CODE; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE PASSENGERS AMONG THOSE WHO MAY BE GUILTY OF VIOLATING THE SECTION, AND TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE.

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.     Section 50-5-15 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:

"(62)     'Skim-bow net' means a net constructed of webbing not greater than two and one-half inches, stretched mesh, hung within a frame formed by a length of wood or other material looped and attached upon itself end to end forming a loop having no distance across greater than fifteen feet.

(63)     'Stretch' as used to describe the measure of mesh of nets means that the material is pulled snugly but not to the point of lengthening the single or multi-strand line of the netting. Measurement is made across the widest dimension of the mesh when so pulled."

SECTION     2.     Section 50-5-15(1), (19), (27), (37), (54), and (60) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(1)     'Anadromous' identifies fish which undertake adult migration from brackish or salt waters into freshwaters to spawn, except striped bass or rock fish and hybrid bass, and includes landlocked stocks of those fish."

"(19)     'Dredge' means equipment used for harvesting bottom dwelling aquatic life which is not a net trawl and is powered by mechanical means, and is designed to contract contact the bottom when in operation."

"(27)     'Herring' means any or all life stages of the river anadromous herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus)."

"(37)     'Peeler trap'     means a trap constructed of one inch or smaller hexagonal wire which is:

(a)     unbaited; or

(b)     baited with only one live male crabs. crab and may have one single piece of fish having no dimension greater than three inches."

"(54)     'Striker' means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman., but does not use separate commercial equipment on a vessel which is engaged in commercial fishing."

"(60)     'Trawling' means fishing with a trawl or having any part of a trawl net or its associated equipment door in the water."

SECTION     3.     Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-32.(A)     The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when an emergency exists. For the purposes of this section an emergency is an unusual, sudden, and unexpected natural or man-induced situation or occurrence which threatens the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State.

(B)     The department must use all reasonable means to give notice to the public or an emergency closure issued pursuant to subsection (A) as soon as practicable. An emergency closure notice must specify the cause of the emergency and the fishing season, area, or activity closed, and, if known, the duration of the closure.

(C)     When taking emergency action under this section, the department must notify the appropriate standing committees of the Senate and the House of Representatives of its actions as soon as practicable. Supporting resource assessments, scientific documentation, and notice of action taken must be provided to the committees.

(D)     During the first three days of an emergency closure instituted under this section, the department must issue only warnings for first offense, noncommercial violations of the closure.

(E)     The department must monitor the situation or occurrence under which the emergency arose and must reopen the closed season, area, or activity as soon as, but only when, the threat to the resource or its habitat no longer exists.

(F)     It is unlawful to take or attempt to take saltwater fish in violation of an emergency closure. A person violating an emergency closure is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION     4.     Section 50-5-35 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-35.     (A)     In opening or closing any commercial fishing season pursuant to this chapter, except under the emergency closure authority provided in Section 50-5-32, the department shall give at least twenty-four hours notice of any action and shall use all reasonable means to inform the public.

(B)     Except as provided in Section 50-5-955(B), nothing in this chapter alters, reduces, or amends the authority of the Department of Health and Environmental Control to regulate for public health and environmental protection."
SECTION     5.     Section 50-5-65(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(B)     Any perishable item seized by the department must be sold and the proceeds retained until final adjudication of the case. Upon a finding of not guilty, the proceeds must be returned. Any perishable item seized, the sale of which is not lawful, illegal per se, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed. provided that any perishable item, the sale of which is illegal only because of the place or manner or method in which or by which it was taken must be sold, donated, or destroyed. The proceeds of any perishable item sold must be retained until final adjudication of the case. Any proceeds of the sale must be returned to the defendant in the event of a verdict of not guilty."_

SECTION     6.     Section 50-5-70 of the 1976 Code, as last amended by Act 245 of 2000, is further amended to read:

"Section 50-5-70.     The department shall sell any confiscated device not used or destroyed by the department at public auction for cash to the highest bidder in the county where it was seized, after having given ten days public notice of the sale. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before the sale redeem it by paying to the department the retail market value."

SECTION     7.     Section 50-5-120 of the 1976 Code, as last amended by Act 245 of 2000, is amended to read:

"Section 50-5-120.     (A)     The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding, and cooperate with department personnel, by law enforcement officers, or U.S. Coast Guard personnel.

(B)     The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.

(C)     The Any operator, or crew members member, or both passenger, of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."

SECTION     8.     Section 50-5-300(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a resident must obtain a commercial saltwater fishing license for a fee of twenty-five dollars unless specifically exempted in this article. A resident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the resident."

SECTION     9.     Section 50-5-310(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a nonresident must obtain a nonresident commercial saltwater fishing license for a fee of three hundred dollars unless specifically exempted in this article. A nonresident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the nonresident."

SECTION     10.     Section 50-5-325(A), (D), (F), (G), and (H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     Commercial equipment, excluding vessels, used, in the salt waters of this State and in fisheries for anadromous and catadromous species in any waters of this State must be licensed by the department. The owner and operator are responsible for obtaining a license:

(1)     to use a trawl or trawls, and the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents;

(2)     to use traps, and the cost is twenty-five dollars per fifty traps and one dollar for each trap thereafter for residents, and one hundred twenty-five dollars per fifty traps and five dollars for each trap thereafter for nonresidents;

(3)     to use a channel net for taking shrimp, and the cost is two hundred fifty dollars for each net;

(4)     to use a gill net for taking shad, herring, or sturgeon, and the cost is ten dollars per one hundred net yards or a fraction thereof for residents and fifty dollars per one hundred net yards or a fraction thereof for nonresidents, and to use any other gill net or haul seine the cost is ten dollars per one hundred net feet or a fraction thereof for residents and fifty dollars per one hundred net feet or a fraction thereof for nonresidents;

(5)     to use hand-held equipment to take shellfish, including tongs, rakes, and forks, at no cost;

(6)     to use a drag dredge, and the cost is seventy-five dollars for residents and three hundred seventy-five dollars for nonresidents;

(7)     to use other mechanically operated or boat assisted equipment, other than equipment used to set or retrieve licensed equipment, and the cost is one hundred twenty-five dollars for residents and six hundred twenty-five dollars for nonresidents;

(8)     to use trotlines with baits or hooks, and the cost is ten dollars for residents and fifty dollars for nonresidents for each line having not more than fifty baits or hooks per line; and

(9)     to use any other commercial equipment, and the cost is ten dollars for each type for residents and fifty dollars per type for nonresidents."

"(D)     No person may hold or apply for more than one trap license. a separate license resulting in avoidance of a license fee differential specified in this section."

"(F)     Other than vessels solely transiting the State in interstate commerce, any vessel on or from which commercial equipment is used or transported must display a on its port and starboard sides current identification decal decals provided by the department."

"(G)     An The department may require an owner or operator who uses commercial equipment, except for traps for taking blue crabs, without being present to affix an identification number and tag issued by the department to each piece of commercial equipment while the commercial equipment is in use. must affix a department issued identification number and tag for each piece of commercial equipment being used. The owner and operator are responsible for assuring the number and tag are affixed."

"(H)     Only those types of commercial equipment specifically allowed by this chapter may be used for commercial purposes; provided, the department may grant permits for additional equipment types as stated in Section 50-3-340."

SECTION     11.     Section 50-5-330 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:

"(E)     A person who violates this section by fishing or using equipment in excess of the numbers allowed in this section or in violation of subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days."

SECTION     12.     Section 50-5-335 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-335.     (A)     The department may grant no more than a cumulative total of sixty licenses for the use of channel nets in any one year. Applicants who held channel net licenses in the previous license year and who were not in violation of conservation laws or regulations must be given preference for licenses. An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person. unless a violation results in a point suspension under Article 25, preference must not be denied solely for violations pertaining to:

(1)     marking or lighting of channel nets;

(2)     distance from the centerline of marked navigation channels if the distance is greater than 300 feet; or

(3)     distance between channel nets and other fishing devices.

(B)     An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person."

SECTION     13.     Section 50-5-350(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

(C)     The operator and the owner of a vessel used for commercial purposes must have aboard the required commercial equipment licenses and permits and display on its port and starboard sides the vessel's identification decal decals provided by the department.

SECTION     14.     Section 50-5-360(A) and (F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     Except as provided in subsection (G), a person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products taken or landed in this State regardless of where taken and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait, must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident license is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and must be separately licensed. The department may require applicants to specify the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control."

"(F)     Roadside vendors, transient dealers, or peddlers operating from vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers who must comply with the retail license and tax requirements of state and local law. The person or entity must be a licensed wholesale seafood dealer or must have received or purchased the products from licensed wholesale seafood dealers or other licensed retailers and must comply with the requirements of Section 50-5-375(A) 50-5-365(A)."

SECTION     15.     Section 50-5-365(F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(F)     A Except as provided in Section 50-5-366, a person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION     16.     Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-366.     (A)     Between September 1 and December 15 a person or entity who sells or offers for sale shrimp must have in possession dated receipts, bills of sale, or similar documents showing:

(1)     the name of the licensed wholesale seafood dealer, or the licensed commercial fisherman if the seller is a licensed wholesale seafood dealer, from whom the shrimp were purchased or received;

(2)     the date on which the shrimp were purchased or received; and

(3)     the quantity of shrimp purchased or received.

(B)     Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp and its containers must be seized.

(C)     This section does not apply to a licensed commercial saltwater fisherman:

(1)     when selling his catch of shrimp to a licensed seafood dealer, or

(2)     who is a licensed wholesale seafood dealer.

(D)     Any person or entity who conspires with another to violate this section is guilty of a misdemeanor and must be fined not less than one thousand dollars or more than two thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for an additional twelve months."

SECTION     17.     Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-367.     (A)     It is unlawful to sell or to offer for sale shrimp taken over bait.

(B)     Any person or entity violating the provisions of subsection (a) this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp, its containers, used in violation of this section must be seized.

(C)     It is unlawful to knowingly purchase shrimp taken over bait."

SECTION     18.     Section 50-5-370(A) and (B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     It is unlawful for a person not licensed as a wholesale seafood dealer to purchase, handle, barter, or trade or to attempt to purchase, handle, barter, or trade saltwater fishery products taken, landed, produced, or cultured in this State unless first handled by a licensed wholesale seafood dealer. This As to the products specified, this section does not apply to persons receiving live bait from a licensed live bait dealer. :

(1)     persons receiving live bait from a licensed live bait dealer; or

(2)     persons or entities receiving cultured product from persons or entities that solely produce fish or fishery products reared as offspring from brood stock in captivity.

(B)     No person may remove from this State for a commercial purpose any saltwater fish or fishery products taken, landed, produced, or cultured in this State unless the fish or product is accompanied by original, dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each type of saltwater fish or fishery product being transported and the name of the licensed wholesale seafood dealer or retail establishment from whom the products were purchased or received."
SECTION     19.     Section 50-5-505(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D)     No haul seine may be set within five hundred yards on of any public fishing pier."

SECTION     20.     Section 50-5-510(E), (G), and (H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(E)     The following requirements apply to channel nets used in the salt waters of this State:

(1)     the width at the mouth measured across the float or head line must not exceed eighty feet;

(2)     no channel net may be operated from a trawler;

(3)     a channel net must be marked with a buoy, three buoys, international orange in color, constructed of solid foam or polyvinylchloride and not less than forty inches in circumference so as to be clearly visible at all times above the water's surface, one attached to each staff and one having the name, address, and license number of the owner thereon; attached outside of the tailbag or codend; and

(4)     a channel net set at night must be marked by a white light clearly visible from a distance of one-quarter of a nautical mile."

"(G)     Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days. No channel net when set may be unattended for more than twenty-four hours. Any channel net not fished for more than twenty-four hours or which contains decomposed fish is contraband and must be seized and disposed of as provided in this chapter.

(H)     Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION     21.     Section 50-5-515(B)(2) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(2)     A soft TED must be constructed and installed so as to conform to the following specifications:

(a)     webbing must be polypropylene or polyethylene;

(b)     stretched mesh size may not exceed six inches;

(c)     the horizontal, taut length of the panel may not exceed one hundred twenty inches;

(d)     the width of the panel at the leading edge may not exceed two hundred twenty-nine inches;

(e)     the escape opening may not be less than seventy-two inches;

(f) the TED panel must form a complete barrier inside the net forward of the codend;

(g)     the TED panel must slope upwards with the escape opening being on the top of the net just forward of the panel's attachment to the top of the net;

(h)     an optional, rectangular flap may be installed over the escape opening, provided it is attached only on its forward edge, does not extend more than four inches aft of the escape opening, is no wider than thirty-six inches, and the mesh size is no larger than two inches stretch. of the National Marine Fisheries Service for soft TED's."

SECTION     22.     Section 50-5-520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-520.     In addition to any other penalty, a person who violates channel net laws forfeits the privilege to hold a channel net license for the next thirty open season days. Any boat, motor, boat trailer, and equipment used in aid of a violation related to channel nets or during the period for which the channel net license has been suspended or revoked must be seized and disposed of as provided in this chapter. This seizure requirement does not apply to requirements related relating to lighting of channel nets, distances from the centerline of marked navigation channels if the distance is greater than three hundred feet, and distances between channel nets and other fishing devices."

SECTION     23.     Section 50-5-545 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-545.     (A)     Except as provided in this section, From from June 1 through March 14, all a crab traps trap used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eighths inches or greater in inside diameter and located on vertical surfaces. At least one vent (ring) must be in the upper chamber. All vents (rings) must be within two inches of the base of the horizontal partition or the base of the trap.

(B)     Crab traps constructed of a single chamber must have at least one two and three-eighths inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. Traps constructed of one-inch mesh wire and baited only with live male blue crabs are peeler Peeler traps and are exempt year round."

SECTION     24.     Section 50-5-550(A) and (C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     Other than minnow traps not used for a commercial purpose, and traps with lines attached to a shore based structure and not used for a commercial purpose, each trap set in the waters of this State must have attached to it a buoy made of solid, buoyant material which does not sink if punctured or if cracked. A spherical or nonspherical primary buoy must be attached to each trap. A nonspherical buoy must be at least ten inches in length and five inches in diameter or width. A spherical buoy must be at least six inches in diameter. No plastic, metal, or glass bottles or jugs may be used as a buoy, and no buoy attached may be made of a material which could sink if punctured or cracked. No floating line or rope may be used. Minnow traps used for commercial purposes must utilize floats no smaller than two five inches marked with the operator's name and bait dealer license number."

"(C)     Each licensed commercial saltwater fisherman licensed to fish traps must acquire an identification number assigned by the department. No person may acquire or attempt to acquire more than one identification number. The assigned identification number must be burned or branded on each primary trap buoy in numerals of at least two inches in height, must be clearly legible, must be in a color contrasting that of the buoy and must be unobstructed and visible when the buoy is at rest in the water."

SECTION     25.     Section 50-5-710 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-710.     (A)     Except as otherwise provided by law, it is lawful to trawl for shrimp or prawn in the General Trawling Zone only during those times and seasons set by the department. It is unlawful for Any a person who violates this subsection by trawling to trawl inside the General Trawling Zone:

(1)     one-quarter nautical mile or less during the closed season;

(2)     more than one-quarter nautical mile during the closed season;

(3)     one-quarter nautical mile or less at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season;

(4)     more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season;

(5)     more than one-quarter nautical mile at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season; or

(6)     one-quarter nautical mile or less at a time more than ten minutes before daily opening time or after daily closing time during the open season.

A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days.

Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.

(B)     Except as otherwise provided by law, it is unlawful to trawl in the waters of this State outside the General Trawling Zone. Any A person who violates this subsection by trawling outside the General Trawling Zone:

(1)     one hundred yards or less during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(2)     more than one hundred yards during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(3)     during the closed season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days; or

(4)     one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for two years in addition to any other suspension under this chapter.

Any catch aboard or under the control of the fisherman or other person at the time of a violation of this subsection is contraband and must be seized and disposed of as provided in this chapter.

SECTION     26.     Section 50-5-715(A)(6) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(6)     Based on NOS chart 11521 (2nd 22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Seabrook Island at latitude 32 33.55' N, longitude 080 10.50' W; thence following the shorelines of Seabrook Island and Kiawah Island and crossing the mouth of Captain Sam's Inlet to the point on Kiawah Island (Sandy Point) at latitude 32 37.18' N, longitude 079 59.65' W; thence southerly, following a straight line on a geodetic azimuth of 180 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly and becoming northwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary crossing the North Edisto River; thence following the inshore trawl boundary easterly to the point of beginning."
SECTION     27.     Section 50-5-765 of the 1976 Code, as added by Act 245 of 2000, is further amended to read:

"Section 50-5-765.     (A)     Except as provided in this section, A a turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations.

(B)     Until the federal regulations are amended to require turtle excluder device escape openings having dimensions equal to or greater than those required in item (1) of this subsection, each trawl net using a hard turtle excluder device in the salt waters of this State:

(1)     must have a turtle excluder device escape opening of no less than thirty-five inches in taut horizontal length and no less than twenty inches in simultaneous vertical taut height, or

(2)     must have a federally approved leatherback or double cover flap hard turtle excluder device modification.

(C)     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two five hundred dollars nor more than one thousand five hundred dollars or imprisoned for not more than thirty days, and any such net is contraband."

SECTION     28.     Section 50-5-960(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     The following provisions apply to the taking and possessing of shellfish from bottoms designated by the department for recreational shellfish harvest by persons not permitted to harvest shellfish for commercial purposes:

(1)     there is a personal limit of not more than two bushels of oysters or one-half bushel of clams, or both, in any one day;

(2)     no person may gather more than one personal limit of shellfish per day harvest shellfish recreationally on more than two calendar days per any seven-day period; and

(3)     regardless of the number of persons, there is a maximum possession limit of three personal limits per boat or vehicle or boat and vehicle combination."

SECTION     29.     Section 50-5-965(D), (E), (F), and (G) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D)     It is unlawful for a person to take or attempt to take shellfish in quantities greater than those for personal use provided in this article from any state-owned bottoms or waters without having in his possession a valid individual commercial harvesting permit granted to him. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(E)     It is unlawful for any person, including a commercial saltwater fisherman licensed or permitted to take shellfish, to take or attempt to take shellfish from state-owned bottoms or waters under permit for shellfish culture or mariculture without a valid individual harvester permit granted to him by the department. A person, including a commercial saltwater fisherman, who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars.

(F)     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.

(G)     In order to obtain an individual harvester permit a person must be a licensed commercial saltwater fisherman and hold all other appropriate valid commercial licenses."

SECTION     30.     Section 50-5-985(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     The department annually may set the season for taking shellfish between September 16 of any year through April May 15 of the following year, inclusive. It is unlawful for a person to take or attempt to take any shellfish from shellfish grounds during the closed season. A person who violates the provision of this subsection for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates this section for a noncommercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days."

SECTION     31.     Section 50-5-1100(H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(H) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred thousand dollars or and not more than five thousand dollars and may be imprisoned for not more than thirty days and the shrimp baiting privilege must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch are contraband and must be seized and disposed of as provided in this chapter."

SECTION     32.     Section 50-5-1505 of the 1976 Code, as last amended by an act bearing ratification number 38 of 2001, is further amended to read:

"Section 50-5-1505.     The department must monitor the various drainage basins and water bodies of this State and may promulgate regulations to set seasons, take (catch) and size limits, areas, methods, times, equipment requirements, and catch reporting requirements for taking of shad, herring, and sturgeon as needed for proper management in each basin or water body as a zone. It is unlawful to take or attempt to take shad, herring, or sturgeon except as authorized by this article. It is unlawful to possess more than the legal limit of shad, herring, or sturgeon.

(1)     In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for shad in the waters of this State specified below:

(a)     Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries as follows:

( i)     Pee Dee River and tributaries above U.S. Highway 701, Waccamaw River with tributaries above entrance of Big Bull Creek, and Black River above County Road 179:

(1)     Season: February 1 through April 30;

(2)     Times: Noon Monday through Noon Saturday;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(ii)     Remainder of Winyah Bay system including all of Big Bull Creek and Sampit River:

(1)     Season: February 1 through April 15;

(2)     Times: Monday Noon to Saturday Noon, local time;

(3)     Methods and equipment: No restriction provided drift nets of not more than nine hundred feet in length are allowed in Waccamaw River between Butler Island and U.S. Highway 17 during lawful times;

(4)     Size and take limits: No limits.

(b)     Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:

(i)     Rediversion Canal from St. Stephen Dam seaward to the seaward terminus of the northern dike of the Rediversion Canal:

Season: No open season;

(ii)     Rediversion Canal from the seaward terminus of the northern dike of the Rediversion Canal seaward to Santee River:

(1)     Season: February 1 through April 30;

(2)     Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(iii)     Wilson Dam seaward to U.S. Highway 52 bridge:

Season: No open season.

(iv)         U.S. Highway 52 bridge seaward to SC Highway 41 bridge:

(1)     Season: February 1 through April 30;

(2)     Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(v)     U.S. Highway 41 bridge seaward:

(1)     Season: February 1 through March 31;

(2)     Times: Monday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(c)     Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

( i)     Tailrace Canal from Wadboo Creek to the Jefferies Power Plant:

Season: No open season.

(ii)     Cooper River from Wadboo Creek to U.S. Highway 17:

Season: No open season.

(iii)     Ashley River seaward to its confluence with Popper Dam Creek:

(1)     Season: February 1 through March 31;

(2)     Times: Wednesday noon to Saturday noon, local time;

(3)     Methods and equipment: No restrictions;

(4)     Size and take limits--None.

(iv)     Remainder of the Charleston Harbor system:

(1)     Season: February 1 through March 31;

(2)     Times: Wednesday noon to Saturday noon, local time;

(3)     Methods and equipment: Drift gill nets only;

(4)     Size and take limits: No limits.

(d)     Edisto River basin including Edisto River Estuary, Edisto River, North and South Branches (Forks) of the Edisto River, and all tributaries and distributaries thereto as follows:

( i)     Above U.S. Highway 17 bridge:

(1)     Season: January 15 through April 15;

(2)     Times: Tuesday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment; provided, however, shad gill nets having a mesh size no smaller than four and one-half inches and no larger than five and one-half inches may be used until April 15, 2002, and shad gill nets having a mesh size no smaller than five inches and no larger than five and one-half inches may be used thereafter.

(4)     Size and take limits: No limits.

(ii)     Seaward of U.S. Highway 17 bridge:

(1)     Season: January 1 through March 31;

(2)     Times: Wednesday noon to Friday midnight, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(e)     Ashepoo River and all tributaries and distributaries thereto as follows:

(1)     Season: February 1 through March 31;

(2)     Times: Friday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(f)     Combahee River and all tributaries and distributaries thereto as follows:

( i)     Tributaries and distributaries, except main stems of Salkehatchie Rivers:

Season: No open season.

(ii)     Main river above U.S. Highway 17-A bridge including main stems of Salkehatchie Rivers:

(1)     Season: January 15 through March 31;

(2)     Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(iii)     Main river below U.S. Highway 17-A but above U.S. Highway 17 bridge:

(1)     Season: January 15 through March 31;

(2)     Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(iv)     Main river seaward of U.S. Highway 17 bridge:

(1)     Season: January 15 through March 31;

(2)     Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(g)     Coosawhatchie River and all tributaries and distributaries thereto as follows:

Season: No open season.

(h)     South Carolina portions of Savannah River and all tributaries and distributaries thereto as follows:

( i)     Main river above U.S. Interstate Highway 95 bridge:

(1)     Season: January 1 through April 15;

(2)     Times: 7:00 a.m. Wednesday to 7:00 p.m Saturday, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(ii)     Tributaries and distributaries above U.S. Interstate Highway 95 bridge:

Season: No open season.

(iii)     Seaward of U.S. Interstate Highway 95 bridge.

(1)     Season: January 1 through March 31. Taking or attempting to take shad with anchored nets is prohibited at all times in the Savannah's, Back River and the north channel of the Savannah River downstream from the New Savannah Cut;

(2)     Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(i)     Atlantic Ocean territorial sea as follows:

(1)     Season: February 1 through March 31;

(2)     Times: 7:00 a.m. Tuesday to 7:00 p.m Saturday, local time;

(3)     Methods and equipment: gill net; may be drift fished only; anchor nets are prohibited; gill nets, stake row nets, or pound nets are prohibited off Winyah Bay within three nautical miles of the midpoint of a line extending from where the north jetty of Winyah Bay intersects North Island running southwesterly to where the south jetty of Winyah Bay intersects Sand Island, including all waters between the jetties;

(4)     Size and take limits: No limits.

(j)     Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net, and lift net, and hook and line;

(4)     Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad.

(2)     In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for herring in the waters of this State:

(a)     Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(1)     Season: February 15 through April 15;

(2)     Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(b)     Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:

( i )     Santee River below the cable and buoys marking the seaward boundary of the Wilson Dam sanctuary designated by the dep     artment seaward to Wilson Dam Boat Landing:

(1)     February 15 through April 30 for herring only;

(2)     Times: Sunrise Monday to sunset Thursday, as locally published;

(3)     Methods and equipment: Cast net and seine net. No seine may exceed one hundred yards in total length. The mesh of the seine shall not be less than one-half inch square. All fish except those used for live bait must be containerized in one bushel units before landing.

(4)     Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats. No additional boat may be used to increase a person's daily take.

(ii)         Rediversion Canal:

(1)     Season: March 1 through April 30;

(2)     Times: 7:00 p.m. to 12:00 p.m. EST or 8:00 p.m. to 12:00 p.m. DST;

(3)     Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing; all fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stevens Powerhouse, except with hook and line from March 1 through April 15;

(4)     Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats.

(iii)     Santee River seaward of Wilson Boat Landing:

Season: No open season.

(c)     Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

(i)     Tailrace Canal from CSX Railroad Bridge to the Jefferies Power Plant Sanctuary line:

(1)     Season: March 1 through April 30;

(2)     Times: Sunrise as locally published to 10:00 p.m.;

(3)     Methods and equipment: Circular drop nets with a maximum six foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing;

(4)     Size and take limits: Ten U.S. bushels per boat per day; harvest may not be transferred between boats.

(ii)     Cooper River from CSX railroad to U.S. Highway 17 bridges:

Season: No open season.

(iii)     Charleston Harbor system excluding Tailrace Canal and Cooper River seaward to U.S. Highway 17 bridges:

(1)     Season: February 15 through April 15;

(2)     Times: No restrictions;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(d)     Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net, lift net, and hook and line;

(4)     Size and take limits: Two hundred fifty pounds per boat per day combined catch of shad and herring and other lawful incidental catch.

(e)     Lake Jocassee and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Hook and line;

(4)     Size and take limits: No limits.

(f)     Lake Keowee and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(g)     Lake Hartwell and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(h)     Lake Richard B. Russell and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(i)     Lake J. Strom Thurmond and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(j)     Lake Secession, Stevens Creek Reservoir, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(k)     Lake Greenwood, Lake Murray, Saluda River between Buzzards Roost (Lake Greenwood Dam) and SC Highway 121, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(l)     Catawba River impoundments, including Lake Wylie and Lake Wateree, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(m)     Lake Monticello and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Hook and line;

(4)     Size and take limits: No limits.

(3)     In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:

(a)     Territorial sea:

Season: No open season.

(b)     Internal waters:

Season: No open season."

SECTION     33.     Chapter 5 of Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1506.     In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for shad in the waters of this State specified below:

(a)     Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(i)     Pee Dee River and tributaries above U.S. Highway 701, Waccamaw River with tributaries above entrance of Big Bull Creek, and Black River above County Road 179:

(1)     Season: February 1 through April 30;

(2)     Times: noon Monday through Noon Saturday;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(ii)     Remainder of Winyah Bay system including all of Big Bull Creek and Sampit River:

(1)     Season: February 1 through April 15;

(2)     Times: Monday noon to Saturday noon, local time;

(3)     Methods and equipment: No restriction provided drift nets of not more than nine hundred feet in length are allowed in Waccamaw River between Butler Island and U.S. Highway 17 during lawful times;

(4)     Size and take limits: No limits.

(b)     Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:

(i)     Rediversion Canal from St. Stephen Dam seaward to the seaward terminus of the northern dike of the Ridiversion Canal:

Season: No open season;

(ii)     Rediversion Canal from the seaward terminus of the northern dike of the Rediversion Canal seaward to Santee River:

(1)     Season: February 1 through April 30;

(2)     Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(iii)     Wilson Dam seaward to U.S. Highway 52 bridge:

Season: No open season.

(iv)     U.S. Highway 52 bridge seaward to SC Highway 41 bridge:

(1)     Season: February 1 through April 30;

(2)     Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(v)     S.C. Highway 41 bridge seaward:

(1)     Season: February 1 through March 31;

(2)     Times: Monday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(c)     Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

(i)         Tailrace Canal from Wadboo Creek to the Jefferies Power Plant:

Season: No open season.

(ii)     Cooper River from Wadboo Creek to U.S. Highway 17:

Season: No open season.

(iii)     Ashley River seaward to its confluence with Popper Dam Creek:

(1)     Season: February 1 through March 31;

(2)     Times: Wednesday noon to Saturday noon, local time;

(3)     Methods and equipment: No restrictions;

(4)     Size and take limits: None.

(iv)     Remainder of the Charleston Harbor system:

(1)     Season: February 1 through March 31;

(2)     Times: Wednesday noon to Saturday noon, local time;

(3)     Methods and equipment: Drift gill nets only;

(4)     Size and take limits: No limits.

(d)     Edisto River basin including Edisto River Estuary, Edisto River, North and South Branches (Forks) of the Edisto River, and all tributaries and distributaries thereto as follows:

(i)         Above U.S. Highway 15 bridge:

(1)     Season: January 15 through April 15;

(2)     Times: Tuesday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment; provided, however, shad gill nets having a mesh size no smaller than four and one-half inches and no larger than five and one-half inches may be used until April 15, 2002, and shad gill nets having a mesh size no smaller than five inches and no larger than five and one-half inches may be used thereafter;

(4)     Size and take limits: No limits.

(ii)     Seaward of U. S. Highway 15 bridge and above U. S. Highway 17 bridge:

(1)     Season: January 15 through April 15;

(2)     Times: Tuesday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(iii)     Seaward of U.S. Highway 17 bridge:

(1)     Season: January 1 through March 31;

(2)     Times: Wednesday noon to Friday midnight, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(e)     Ashepoo River and all tributaries and distributaries thereto as follows:

(1)     Season: February 1 through March 31;

(2)     Times: Friday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(f)     Combahee River and all tributaries and distributaries thereto as follows:

(i)         Tributaries and distributaries, except main stems of Salkehatchie Rivers:

Season: No open season.

(ii)     Main river including main stems of Salkehatchie Rivers:

(1)     Season: January 15 through March 31;

(2)     Times: For anchored nets, Tuesday noon to Friday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(g)     Coosawhatchie River and all tributaries and distributaries thereto as follows:

Season: No open season.

(h)     South Carolina portions of Savannah River and all tributaries and distributaries thereto as follows:

(i)     Main river above U.S. Interstate Highway 95 bridge:

(1)     Season: January 1 through April 15;

(2)     Times: 7:00 a.m. Wednesday to 7:00 p.m Saturday, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(ii)     Tributaries and distributaries above U.S. Interstate Highway 95 bridge:

Season: No open season.

(iii)     Seaward of U.S. Interstate Highway 95 bridge.

(1)     Season: January 1 through March 31. Taking or attempting to take shad with anchored nets is prohibited at all times in the Savannah River's Little Back River, Back River and the north channel of the Savannah River downstream from the New Savannah Cut;

(2)     Times: 7:00 a.m. Tuesday to 7:00 p.m. Friday, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

( i)     Atlantic Ocean territorial sea as follows:

(1)     Season: February 1 through March 31;

(2)     Times: 7:00 a.m. Tuesday to 7:00 p.m. Saturday, local time;

(3)     Methods and equipment: gill net; may be drift fished only; anchor nets are prohibited; gill nets, stake row nets, or pound nets are prohibited off Winyah Bay within three nautical miles of the midpoint of a line extending from where the north jetty of Winyah Bay intersects North Island running southwesterly to where the south jetty of Winyah Bay intersects Sand Island, including all waters between the jetties;

(4)     Size and take limits: No limits.

( j)     Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net, and lift net and hook and line;

(4)     Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad."

SECTION 34. Chapter 5 of Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1507     In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for herring in the waters of this State:

(a)     Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(1)     Season: February 15 through April 15;

(2)     Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(b)     Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:

(i)     Santee River below the cable and buoys marking the seaward boundary of the Wilson Dam sanctuary designated by the department seaward to Wilson Dam Boat Landing:

(1)     Season: February 15 through April 30 for herring only;

(2)     Times: Sunrise Monday to sunset Thursday, as locally published;

(3)     Methods and equipment: Cast net and seine net. No seine may exceed one hundred yards in total length. The mesh of the seine shall not be less than one-half inch square. All fish except those used for live bait must be containerized in one bushel units before landing.

(4)     Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats; and no additional boat may be used to increase a person's daily take.

(ii)     Rediversion Canal:

(1)     Season: March 1 through April 30;

(2)     Times: 7:00 p.m. to 12:00 p.m. EST or 8:00 p.m. to 12:00 p.m. DST;

(3)     Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing; all fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stephen Powerhouse, except with hook and line from March 1 through April 15;

(4)     Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats; and no additional boat may be used to increase a person's daily take.

(iii)     Santee River seaward of Wilson Boat Landing:

Season: No open season.

(c)     Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

(i)     Tailrace Canal from CSX Railroad Bridge to the Jefferies Power Plant Sanctuary line:

(1)     Season: March 1 through April 30;

(2)     Times: Sunrise as locally published to 10:00 p.m.;

(3)     Methods and equipment: Circular drop nets with a maximum six foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing;

(4)     Size and take limits: Ten U.S. bushels per boat per day; harvest may not be transferred between boats and no additional boat may be used to increase a person's daily take.

(ii)     Cooper River from CSX Railroad to U.S. Highway 17 bridges:

Season: No open season.

(iii)     Charleston Harbor system excluding Tailrace Canal and Cooper River seaward to U.S. Highway 17 bridges:

(1)     Season: February 15 through April 15;

(2)     Times: No restrictions;

(3)     Methods and equipment: Any lawful method and equipment;

(4)     Size and take limits: No limits.

(d)     Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net, lift net, and hook and line;

(4)     Size and take limits: Two hundred fifty pounds per boat per day combined catch of shad and herring and other lawful incidental catch.

(e)     Lake Jocassee and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Hook and line;

(4)     Size and take limits: No limits.

(f)     Lake Keowee and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(g)     Lake Hartwell and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(h)     Lake Richard B. Russell and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(i) Lake J. Strom Thurmond and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(j) Lake Secession, Stevens Creek Reservoir, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(k)     Lake Greenwood, Lake Murray, Saluda River between Buzzards Roost (Lake Greenwood Dam) and SC Highway 121, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(l) Catawba River impoundments, including Lake Wylie and Lake Wateree, and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: Cast net and hook and line;

(4)     Size and take limits: No limits.

(m)     Lake Monticello and all tributaries and distributaries thereto as follows:

(1)     Season: No closed season;

(2)     Times: No restrictions;

(3)     Methods and equipment: cast net and hook and line;

(4)     Size and take limits: No limits."

SECTION     35.     Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1508.     In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:

(a)     Territorial sea:

Season: No open season.

(b)     Internal waters:

Season: No open season."

SECTION     36.     Section 50-5-1510(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     The following special provisions apply to shad and herring:

(1)     It is unlawful to take shad by hook and line or by skim-bow net while operating or possessing any commercial fishing equipment for taking shad or herring:

(2)     It is unlawful for a recreational fisherman to take shad or herring with any other fishing equipment except cast nets, skim-bow nets, and hook and line which includes rod and reel, provided that a properly licensed gill net may be used to take shad or herring for recreational purposes. A Except from sanctuaries designated by the department, a recreational fisherman may take shad and or herring:

(a)     by hook and line and cast net at any time of the year,

(b)     by skim-bow net from February 1 through April 30; and

(c)     by licensed gill net during those times provided in this article for commercial fishing. except from sanctuaries designated by the department.

(3)     It is unlawful to possess saltwater or freshwater gamefish or fishing tackle capable of taking saltwater or freshwater gamefish while taking or attempting to take shad or herring with gill nets.

(4)     Nongame fish taken in lawfully fished shad or herring nets or skim-bow nets may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon and any gamefish must be returned immediately to the water.

(5)     It is unlawful to set a net in a fixed position in the navigation channel of the Atlantic Intracoastal Waterway.

(6)     A net used for shad in the territorial sea must have a stretched mesh size of no smaller than five and one-half inches and be freely drift fished. The gill net must not be staked or otherwise set in a fixed position, tied to a boat, or anchored in any manner or in any way restricted in its movement. For the purpose of this section, 'anchored' includes the use of any weight not part of the normal construction of the net.

(7)     No gill net may be left unattended while in the territorial sea, and any such net is contraband and must be seized and disposed of as provided in this chapter.

(7)(8)     In the territorial sea no fisherman may set, fish, possess, or have aboard a boat shad or herring gill netting in excess of six thousand feet.

(8)(9)     A gill net used for taking or attempting to take shad in the inshore salt waters of this State must have a stretched mesh size of no smaller than five and one-half inches and a length not exceeding nine hundred feet. Gill nets for taking shad in the inshore salt waters of this State may be drift fished or set in accordance with this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

(9)(10) Except as otherwise provided by law or by regulation promulgated under this article, any gill net used for taking or attempting to take shad in the freshwaters of this State must have a stretched mesh size of no smaller than five and one-half inches and be no longer than six hundred feet. Gill nets for taking shad in the freshwaters of this State may be freely drift fished or set in accordance with the provisions of this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

(10)(11)     A gill net used for taking or attempting to take herring in the salt waters of this State must have a mesh size of two and one-half inches stretched and a length no greater than nine hundred feet. Only one herring gill net may be used by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

(11)(12)     A gill net used for taking or attempting to take herring in freshwaters must have a stretched mesh of two and one-half inches stretched and a length no greater than six hundred feet.

(12)(13)     A gill net used for taking or attempting to take shad or herring in the salt waters of this State must have at least one end buoy attached which has the name and license number of the owner clearly marked on it. A buoy not less than twenty inches in diameter must be attached to each end of the net, and in any net more than three hundred feet in length a buoy not less than ten inches must be attached every three hundred feet on the float line. All buoys must be international orange in color and must float so as to be clearly visible at all times.

(13)(14)     A gill net used for taking or attempting to take shad or herring in the freshwaters of this State must be marked with buoys, international orange in color and not less than six inches in diameter, which float in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every three hundred feet, and a buoy must be attached to each end of each net. At least one end buoy attached to the net must have the name and license number of the owner clearly marked on it.

(15)     Skim-bow nets must be used or fished only from high land or from a pier, dock, or other structure permanently affixed to high land without the aid of any power assisted device. Only shad, herring, and other nongame fish may be retained and no such fish may be sold.

(B)(1)     For a violation of subsection (A)(6) or (A)(7), (A)(8), a person is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.

(2)     A person who takes or attempts to take shad or herring in violation of any other subsection of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(3)     Each net set or fished in violation of this section constitutes a separate offense."
SECTION     37.     Section 50-5-1515 of the 1976 Code, as last amended by Act 401 of 2000, is further amended to read:

"Section 50-5-1515.     (A)     Except as provided in this section, a person taking or attempting to take shad by cast net, skim-bow net, or by hook and line including rod and reel may take or possess no more than an aggregate of ten American and hickory shad in any one day.

(B) A person taking or attempting to take shad by hook and line including rod and reel in the Santee River may take or possess no more than an aggregate of twenty American and hickory shad in any one day.

(C) No shad taken by cast net, skim-bow net, or by hook and line including rod and reel may be sold, offered for sale, or purchased. In freshwaters, a person must hold a freshwater fishing license."

SECTION     38.     Section 50-5-1540 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1540.     No shad, herring, or sturgeon net may be fished so that the net, including its cables, lines, or attached devices extends over more than one-half the width of the river, stream, or water course, regardless of the stage of the tide, river stage, or method of net deployment. (A)     No shad, herring, or sturgeon net, including its cables, lines, or attached devices, either set, drift, or fished in the waters of this State may be of a length greater than one-half the normal width of the water body at the place where used, regardless of the stage of the tide, river stage, water level, or method of net deployment.

(B)     No net may be:

(1)     placed, drifted, or operated set within six hundred feet of any gill net previously deployed set; or

(2)     drifted within six hundred feet of another drifting net; or

(2)(3)     placed or set within seventy-five feet of the confluence of any tributary.

(C)     Nothing in this section prevents a lawfully drifted gill net from passing within six hundred feet of a lawfully anchored gill net."

SECTION     39.     Section 50-5-1560(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(B)     In addition, the department must seize any boat, boat trailer, engine, net, rigging, related equipment, and catch of a person charged with a violation of a provision of this chapter or of a regulation promulgated hereunder pertaining to setting nets in proximity to navigation jetties. Upon conviction, seized items are forfeited to the State and become contraband and must be disposed of as provided in this chapter."

SECTION     40.     Section 50-5-1915 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1915.     (A)     Charter fishing vessels shall maintain a log of the number of persons carried each day, number of hours engaged in fishing, number of fish by species caught each day and other information considered necessary by the department. The logs must be submitted as prescribed or approved by the department. A person licensed to operate a charter boat fishing vessel who fails to maintain or submit a log as required is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, and the privilege of the person or entity to hold the charter boat license must be suspended for six months. and a subsequent charter fishing vessel license must not be issued until the requirements of this subsection are met.

(B)     Public fishing piers shall maintain a log of the number of persons fishing from that structure each day. The logs must be submitted as prescribed or approved by the department. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days and a subsequent license must not be issued until the requirements of this subsection are met."

SECTION     41.     Section 50-5-2100(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     The department may grant mariculture permits for collection, importation, and holding of saltwater gamefish, or for other fish for which there are size or possession limits, for brood stock and for the propagation, holding, transport, and processing of the fish produced through mariculture as defined in Section 50-5-15. Mariculture permits granted under this section may allow the take of such fish and may specify conditions related to lawful collection areas, equipment, collecting times and periods, catch and size limitations, holding facilities, and catch reporting requirements. The department may permit a mariculture operation to take and possess the fish outside of the size and possession limits provided in this chapter. The department may limit the number of permits granted for taking brood stock."

SECTION     42.     Section 50-5-2505 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2505.     (A)     Each time a person is convicted of a violation enumerated in Section 50-5-2500 the number of points assigned to a violation must be charged against him under a point category. Point categories are:

(1)     commercial, and

(2)     recreational.

Points resulting from any violation must be assigned under only one point category.

(B)     Points assigned for any violation for a commercial purpose except related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the commercial category.

(C)     Points assigned for any violation not for a commercial purpose or not related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the recreational category.

(D)     For each twelve-month period in which the person received no points, the department shall deduct one-half of the accumulated points under each point category if the number of points under that point category is greater than three. If a person has three or less points under a point category at the end of a calendar year in which no points were received, the department shall reduce his point total to zero under that point category.

(E)     The points and penalties assessed under this article are in addition to criminal penalties which may be assessed. Statutory suspension of saltwater privileges provided in other articles of this chapter take precedence over assessment of points under this article.

(F)(E)     Nothing in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the laws of this State."

SECTION     43.     Section 50-5-2510 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2510.     (A)     The department must suspend for one year the related saltwater privileges and associated licenses, stamps, and permits issued to a person who has accumulated eighteen or more points under any point category. Privileges related to each point category are as follows:

(1)     commercial: any and all commercial saltwater fishing license, equipment license, and bait dealer license, and

(2)     recreational: marine recreational fishing stamp, pier license, charter boat fishing vessel license, shrimp baiting license, and any other saltwater licenses utilized for recreational purposes.

(B)     Any suspension under this article begins the eleventh day after the person or entity receives written notice by mail, return receipt requested, of the suspension and ends the same day the following year."

SECTION     44.     Section 50-5-2515 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2515.     (A)     Upon determination by the department that a person or entity has accumulated sufficient points to warrant the suspension of any saltwater privilege, the department must notify him the person or entity in writing, return receipt requested, that his saltwater privilege has been suspended, and he the person or entity must return all the suspended licenses, stamps, or permits in his name to the department within ten days.

(B)     The person, within ten days after the notice of suspension, may request in writing a review and, upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review, and he may be represented by an attorney. The review must take place within twenty working days of receiving the request.

(C)     If the person requests a review, the suspension must be held in abeyance until the day of the final disposition of his review by the department. If the suspension is upheld, the suspension begins the eleventh day after the review and ends the same day the following year. The review by the department is limited to a determination of the validity of the violations and points assessed. No probationary authority is given to the department."

SECTION     45.     Section 50-5-2520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2520.     A person or entity whose saltwater privileges have been suspended may appeal the decision of the department under Article 3, Chapter 23 of Title 1 the Administrative Procedures Act."

SECTION     46.     Section 50-5-2725(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)     The size, catch, bag, and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of sharks or shark parts prescribed by those federal regulations implemented under the Fishery Conservation and Management Act (PL 94-265) and pertaining to the Fishery Management Plan for Sharks of the Atlantic Ocean are declared to be the law of this State and apply statewide including in state waters. In state waters federal size, catch, bag, and possession limits pertain to individual fishermen when no vessel is utilized."

SECTION     47.     Section 50-5-2730 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2730.     Unless otherwise provided by law, any regulations promulgated by the federal government under the Fishery Conservation and Management Act (PL 94-265) or the Atlantic Tuna Conservation Act (PL 94-70) which establishes seasons;, fishing periods;, gear restrictions;, sales restrictions, or bag, catch, size, or possession limits on fish are declared to be the law of this State and apply statewide including in state waters."

SECTION     48.     Section 50-21-175 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-21-175.     (A)     The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding, and cooperate with department personnel, by law enforcement officers, or U.S. Coast Guard personnel.

(B)     The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.

(C)     The Any operator, or crew members, member, or both, passenger of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."

SECTION     49.     Section 50-5-65(F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(F)     Each fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, sold, or offered for sale in violation of this chapter may constitute is a separate offense."

SECTION     50.     Section 50-5-1100(L) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(L)     Each quart of shrimp taken in violation of the provisions of this section may constitute is a separate offense."

SECTION     51.     Section 50-5-1330(G) of the 1976 Code, as added by Act 245 of 2000, is amended read:

"(G)     A person who violates this section or a condition of a permit issued hereunder is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each horseshoe crab or part thereof in violation may be considered is a separate offense."

SECTION     52.     Section 50-5-1715 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1715.     A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article may constitute is a separate offense."

SECTION     53.     Section 50-5-2100(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(C)     A person who fails to acquire the proper permits or who violates any other provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department in an amount equal to the value of the fish. Each fish taken, imported, or possessed in violation of this section may constitute is a separate offense."

SECTION     54.     Section 50-5-2105(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(C)     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each fish sold or offered for sale in violation of this section may constitute is a separate offense."

SECTION     55.     Section 50-5-2740 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2740.     A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish, lobster, or other marine resource taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article may constitute is a separate offense."

SECTION     56.     Section 50-5-2735 of the 1976 Code is repealed.

SECTION     57.     The Code Commissioner is authorized and directed to renumber and reletter paragraphs, subparagraphs, items, and subitems in this act to conform to the codification scheme of the 1976 Code.

SECTION     58.     This act takes effect upon approval by the Governor./

Amend title to conform.

The Honorable Greg Gregory        The Honorable Amos Lee Gourdine
The Honorable Arthur Ravenel      The Honorable John W. Riser
The Honorable J. Yancey McGill    The Honorable Dwight A. Loftis
On Part of the Senate.            On Part of the House.

Rep. LOFTIS explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 290--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 290:

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.
and asks for a Committee of Conference and has appointed Senators Hutto, Martin and Bauer of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. CATO, SANDIFER and WILDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 379:

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET", AND "STRETCH"; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE FOR THE USE OF SKIM-BOW NETS SO AS TO PROVIDE THAT SKIM-BOW NETS MUST BE USED FROM HIGH LAND OR STRUCTURES AFFIXED TO HIGH LAND WITHOUT POWER ASSISTED DEVICES; TO AMEND SECTION 50-5-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE "ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS NOT ILLEGAL PER SE MAY BE DONATED TO A NON-PROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT OF NATURAL RESOURCES, THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, AND TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-335, CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO COMBINE AND EXPAND THE PROVISIONS FOR PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED REGULATIONS; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS AS TO SHAD AND HERRING, SO AS TO PROVIDE FOR THE USE OF SKIM-BOW NETS WITHIN THE SPECIAL PROVISIONS RELATING TO SHAD AND HERRING; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE A DUPLICATE PROVISION; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO CONFORM LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO CHANGE A REFERENCE TO THE APPEAL AUTHORITY FROM ARTICLE 3, CHAPTER 23, TITLE 1 OF THE CODE TO ARTICLE 5, CHAPTER 23, TITLE 1 OF THE CODE; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE PASSENGERS AMONG THOSE WHO MAY BE GUILTY OF VIOLATING THE SECTION, AND TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE.

Very respectfully,
President
Received as information.

S. 379--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senator Richardson in lieu of Senator Bauer of the Committee of Conference on the part of the Senate on S. 290:

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4835:

H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.

Very respectfully,
President
Received as information.

H. 4835--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
H. 4835
The General Assembly, Columbia, S.C., June 6, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).

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:

/ SECTION     1.     Section 2-47-55 of the 1976 Code, as added by Act 178 of 1993, is amended to read:

"Section 2-47-55.     (A)     All state agencies responsible for providing and maintaining physical facilities are required to submit an a Annual Permanent Improvement Program (APIP) Comprehensive Permanent Improvement Plan (CPIP) to the Joint Bond Review Committee and the Budget and Control Board. The APIP CPIP must include all of the agency's permanent improvement projects anticipated and proposed to be started in the upcoming year over the next five years beginning with the fiscal year starting July 1 after submission. The purpose of the APIP CPIP process is to provide the board and the committee with a comprehensive view an outline of each agency's permanent improvement activities for the next five years. Agencies must submit an APIP a CPIP to the committee and the board on or before June 15 of each year a date to be determined by the committee and the board. The APIP covers the next fiscal year period beginning July 1. The APIP CPIP for each higher education agency, including the technical colleges, must be submitted through the Commission on Higher Education which must review the APIP CPIP and provide its recommendations to the board and the committee. The board and the committee must approve the CPIP after submission and may develop policies and procedures to implement and accomplish the purposes of this section. The APIP must be approved by August first of the fiscal year for which the APIP applies.

(B)     The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the State."

SECTION     2.     Section 5 of Act 1377 of 1968, as amended by Act 179 of 1981, is amended by deleting Section 5 which reads:

"Section     5.     In view of the finding by the General Assembly that the overall permanent improvement plans adopted by several state agencies and institutions have proven to be useful documents, the General Assembly now has determined that the governing body or commission of each agency and institution of the state government seeking approval of requests for the funding of permanent improvement projects or of the establishment and implementation of projects authorized previously under Act 177 of 1968, as amended, shall submit an overall plan for such facilities to the Joint Bond Review Committee (the committee) and to the Budget and Control Board (the board) for review and approval. Neither the committee nor the board may recommend that the General Assembly approve any additional permanent improvement funding request of any agency or institution until its overall permanent improvement plan or subsequent revisions thereof have been reviewed and approved by the committee and the board. Such plans shall be submitted to the committee and the board on or before July 1, 1982, and shall be updated as necessary and submitted in alternate years thereafter. The plans submitted in 1982 shall cover a future period of not less than five fiscal years beginning with the fiscal year beginning July 1, 1983, and any plan updates submitted shall cover five-fiscal year periods beginning in alternate fiscal years thereafter. Plans of institutions of higher learning shall be submitted to the committee and the board on this same schedule through the Commission on Higher Education (the commission). The commission shall forward each plan and any supporting documentation received from each institution to the board and the committee together with its comments and recommendations on each plan and with overall summary comments and recommendations on the several plans considered in the aggregate.

The overall permanent improvement plan of each agency and institution shall, as a minimum, include: (1) a summary of existing facilities with an analysis of their condition and adequacy in view of present and anticipated use of and demands upon them; (2) an analysis of the key factors involved in the trends in the demand for various facilities of the agency or institution; (3) a summary of the alternative approaches considered as a means of meeting any unmet current or anticipated demands upon facilities and the reasons those alternatives were not pursued; (4) a listing of the permanent improvements proposed and those projects authorized previously for funding but not yet established classified in terms of types of projects such as maintenance, renovation, new construction or other categories specified by the board, listed in order of priority and grouped according to the fiscal year in which funding approval is deemed necessary; (5) a justification for each project proposed which identifies the specific needs to be met by the project and its dependence upon other projects being proposed or to be proposed; (6) the proposed sources of funds for the projects listed including evidence that all funds for these purposes available to the agency or institution from its own sources or capabilities have been applied; (7) information on additional annual operating costs related to each proposed project; (8) feasibility studies and any other documentation which may help to convey fully the nature, rationale and urgency of each proposed project; (9) campus or other maps showing the location of existing and proposed facilities; and (10) other pertinent information requested by the board or the committee."

SECTION     3.     Section 2, subsection (E), item (f) of Act 28 of 1999, which added additional items to Act 1377 of 1968, is amended to read:

"(f)     Department of Natural Resources

Florence HQ Building     500,000     900,000

Greenwood HQ Building     500,000     100,000"

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

Amend title to read:

TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.

Hugh K. Leatherman                Marion P. Carnell
J. Yancey McGill                  J. Roland Smith
John W. Matthews, Jr.             Annette D. Young
On Part of the Senate.            On Part of the House.

Rep. J. R. SMITH explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3049--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3049 (Word version) -- Reps. Campsen, Altman, Simrill, Cotty and Knotts: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.

Rep. CAMPSEN explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 290--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT

S. 290
The General Assembly, Columbia, S.C., June 6, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

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

"Article 23
Government-owned Telecommunications Service Providers

Section 58-9-2600.     This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State, excluding the State Budget and Control Board for services provided as of this article's effective date.

Section 58-9-2610.     As used in this article:

(1)     'Government-owned telecommunications service provider' means a state or local political subdivision or person or entity providing telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by, operated by, or a financial benefit obtained by or derived from, an agency or entity of the State or any local government. 'Government owned telecommunications service provider' does not include the State Budget and Control Board for services provided as of this article's effective date.

The term 'Government-owned telecommunications service provider' does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service.

(2)     'Telecommunications service' for the purpose of this section is defined in Section 58-9-2200(1).

(3)     'Person' as defined in Section 58-9-10(4) includes a 'government-owned telecommunications service provider'.

(4)     'Public' means the public generally or any limited portion of the public, including a person or corporation. The term 'public' excludes governmental agencies or entities when they receive telecommunications service from the Budget and Control Board pursuant to its statutory authority or other legal requirements;

Section 58-9-2620.     Notwithstanding any other provision of law, a government-owned telecommunications service provider shall:

(1)     be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to, including regulation by the Public Service Commission;

(2)     not be the recipient of any financial benefits of any type that nongovernment-owned telecommunications service providers are not recipients of including, but not limited to, tax exemptions and governmental subsidies of any type. Tax exempt capital financing may be used consistent with Sections 58-9-2620(4)(a) and 58-9-2630(C).

(3)     not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any amounts used directly or indirectly to subsidize the past operations shall be reimbursed to the general treasury of the appropriate state or local government;

(4)     impute, in calculating the cost incurred and in the rates to be charged for the provision of telecommunications services, the following:

(a)     cost of capital component that is the equivalent to the cost of capital available to nongovernment-owned telecommunications service providers in the same state or locality, and

(b)     an amount equal to all taxes, licenses, fees, and other assessments applicable to a nongovernment-owned telecommunications provider including, but not limited to, federal, state, and local taxes, rights-of-way franchise consent, or administrative fees, and pole attachment fees;

(5)     keep separate books and separately account for the revenues, expenses, property, and source of investment dollars associated with the provision of telecommunications service; and

(6)     be required to prepare and publish an independent annual audit in accordance with generally accepted accounting principles that reflects the full cost of providing the service, including all direct and indirect costs. The indirect costs shall include, but are not limited to, amounts for rights-of-way franchise, consent, or administrative fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem taxes. The annual accounting must reflect any direct or indirect subsidies received by the government-owned telecommunications provider. Records demonstrating compliance with the provisions of this section shall be filed with the Public Service Commission and be made available for public inspection and copying. The compliance shall be overseen by the Public Service Commission pursuant to and not inconsistent with its power and jurisdiction set forth by law including Section 58-3-140.

Section 58-9-2630.     (A)     A government-owned telecommunications service provider shall pay or collect taxes each year in a manner equivalent to taxes paid by nongovernment-owned telecommunications service providers through payment of the following:

(1)     all state taxes, including corporate income taxes, under Section 12-6-530 and utility license taxes under Section 12-20-100;

(2)     all local taxes, including local business license taxes, under Section 58-9-2230, together with any franchise fees and other local taxes and fees, including impact, user, service, or permit fees, pole rental fees, and rights-of-way, franchise, consent, or administrative fees; and

(3)     all property taxes on otherwise exempt real and personal property that are directly used in the provision of telecommunication services.

(B)     A government-owned telecommunications service provider shall be required to compute, collect, and remit taxes in the same manner as a nongovernment-owned telecommunications service provider and shall be entitled to the same deductions.

(C)     A government owned telecommunications service provider shall annually remit to the general fund of the government entity owning the telecommunications service provider an amount equivalent to any and all taxes or fees a private sector telecommunications provider would be required to pay.

(D)     The taxpayer confidentiality provisions contained in Title 12 shall not apply to the filings of government-owned telecommunications service providers. Provided however, the Department of Revenue shall require an annual report of all telecommunications providers. The report shall require any telecommunications company licensed in this state to report the total gross of retail telecommunications, to which the business license tax is applicable, pursuant to Section 58-9-2220. This information shall be available to any entity authorized to collect a tax on retail telecommunications or their agent. Information provided to an entity or agent authorized to collect a tax may not be disclosed or provided in any manner to any other person. Such information may only be used by an entity or agent of an entity authorized to collect a tax for purposes of determining the accuracy of tax returns, filings and payment of taxes.

Section 58-9-2650.     The Department of Insurance must determine the South Carolina average market rate for private sector liability insurance for telecommunications operations. In order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position, to the extent possible, the rate paid for liability insurance for government-owned telecommunications operations must be equal to or greater than the average market rate for private sector liability insurance in South Carolina as determined by the Department of Insurance. To the extent that any government-owned telecommunications service provider pays less than the average market rate for this insurance established by the Department of Insurance, the difference shall be remitted by the government-owned telecommunications service provider to the general fund of the government owning the telecommunications provider. Provided however, nothing in this section shall be construed to mean that government-owned telecommunication providers are not covered by the South Carolina Tort Claims Act.

B.     Section 58-5-30 of the 1976 Code is amended to read:

"Section 58-5-30.     Nothing Except as provided in Article 23, Chapter 9 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter shall give the commission any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality or regional transportation authority (as defined in Chapter 25 of this title) or their agencies."

C.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this article, the General Assembly hereby declaring that it would have passed this article, 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     2.     Upon approval by the Governor this act takes effect July 1, 2002. /

Amend title to read.

/TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 23 SO AS TO REGULATE GOVERNMENT-OWNED TELE-COMMUNICATIONS SERVICE PROVIDERS, EXCLUDING THAT BY THE STATE BUDGET AND CONTROL BOARD, SPECIFICALLY TO PROHIBIT SPECIAL GOVERNMENTAL BENEFITS, SUBSIDIZATION OF COSTS FROM OTHER SOURCES, INCLUSION OF CERTAIN CAPITAL COSTS AND TAXES AND FEES IN THEIR RATES, AND MAINTENANCE OF SEPARATE BOOKS; TO REQUIRE THAT GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS BE SUBJECT TO THE SAME STATUTORY REGULATION AS NONGOVERNMENTAL PROVIDERS AND PREPARE AND PUBLISH AN INDEPENDENT ANNUAL AUDIT; TO PROVIDE FOR PAYMENT AND COLLECTION OF TAXES LIKE A NONGOVERNMENTAL PROVIDER; TO LIMIT THE APPLICABILITY OF THE DEPARTMENT OF REVENUE CONFIDENTIALITY PROVISIONS; TO PROVIDE THAT THE DEPARTMENT OF INSURANCE DETERMINE MARKET RATES AND REQUIRE THE RATE OF PAYMENT BY GOVERNMENTAL PROVIDERS TO EQUAL OR EXCEED THE AVERAGE MARKET RATE; AND TO EXEMPT PUBLIC UTILITIES OWNED OR OPERATED BY A MUNICIPALITY OR REGIONAL TRANSPORTATION AUTHORITY FROM OTHER REGULATION BY THE PUBLIC SERVICE COMMISSION. /

Senator Larry A. Martin           Representative Harry F. Cato
Senator C. Bradley Hutto          Representative Donny Wilder
Senator Scott H. Richardson       Representative W. E. Sandifer III
On Part of the Senate.            On Part of the House.

Rep. CATO explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3423:

H. 3423 (Word version) -- Reps. Stuart, Allison, Barfield, Bowers, J. Brown, Coates, Davenport, Freeman, Gilham, Govan, Harrison, M. Hines, Hinson, Knotts, Lee, Lloyd, Lourie, McCraw, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Parks, Phillips, Rodgers, Scott, Simrill, G. M. Smith, Talley, Weeks, Whatley, Whipper and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF AND INTENT OF THE GENERAL ASSEMBLY THAT SPECIAL IDENTIFICATION CARDS ISSUED BY THE STATE OF SOUTH CAROLINA UNDER SECTION 56-1-3350 OF THE 1976 CODE ARE VALID FOR ALL PURPOSES FOR WHICH A DRIVER'S LICENSE MAY BE USED AS A FORM OF PHOTOGRAPHIC IDENTIFICATION OTHER THAN AS AUTHORIZATION FOR THE HOLDER TO OPERATE A MOTOR VEHICLE.

Very respectfully,
President
Received as information.

H. 4257--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 4257 (Word version) -- Rep. Quinn: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3761--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3761:

H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.

Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. EDGE, COTTY and CATO to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3144--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT

H. 3144
The General Assembly, Columbia, S.C., June 6, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3144 (Word version) -- Reps. Wilkins, W.D. Smith, Walker, Delleney, Vaughn, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.

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:
/     SECTION     1.     Section 2-17-15 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 2-17-15.     (A)     The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends. Notwithstanding any other provision of law, this section does not prohibit a member of the immediate family of the Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, or a director or deputy director of a state department appointed by the Governor from serving as a lobbyist for a lobbyist principal for which he is registered with the Ethics Commission pursuant to Section 2-17-20 on May 1, 2002.

(B)     The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1993, or any member of the General Assembly who is elected after December 31, 1991, and any director or deputy director of a state department appointed after June 30, 1993."

SECTION     2.     Section 2-17-20(B) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"(B)     The registration must be in a form prescribed by the State Ethics Commission and be limited to and contain:

(1)     the lobbyist's full name and address, telephone number, occupation, name of employer, principal place of business, and lobbyist's position held in that business by the lobbyist;

(2)     an identification of the public office or public body which the lobbyist will engage in lobbying and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and

(3)     if the lobbyist is a member of the immediate family of a public official or director or deputy director of a state department appointed by the Governor, the identification of that public official, director, or deputy director; and

(4)     certification by the lobbyist that the information contained on the registration statement is true and correct.

If a lobbyist fails to identify the public office or public body for which he is authorized to engage in lobbying, as required by item (2) of this subsection, then the lobbyist's principal for whom the lobbyist is authorized to engage in lobbying is deemed considered a lobbyist's principal as to all public offices or public bodies of the State."

SECTION     3.     The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:

"Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be are from January first to March thirty-first for the April tenth report, and shall be are from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION     4.     The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:

"Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be are from January first to March thirty-first for the April tenth report, and shall be are from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION     5.     The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:

"Each state agency or department shall must, no later than April first tenth and October first tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report, and from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION     6.     Section 2-17-90(A)(1) of the 1976 Code is amended to read:

"(1)     as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended at national and regional conventions and conferences to all members in attendance;"

SECTION     7.     Section 2-17-90(A) of the 1976 Code is amended by adding:

"(7)     as to cabinet officers, a function to which all cabinet officers are invited."

SECTION     8.     Section 2-17-90(B) of the 1976 Code is amended to read:

"(B)     No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee."

SECTION     9.     Section 8-13-100(12) of the 1976 Code is amended to read:

"(12)     'Election' means:

(a)     a general, special, primary, or runoff election;

(b)     a convention or caucus of a political party held to nominate a candidate; or

(c)     the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or

(d)     a ballot measure."

SECTION     10.     Section 8-13-320(9)(b) of the 1976 Code is amended to read:

"(b)     No complaint may be accepted by the commission concerning a candidate for elective office in the fifty-day period before an election in which he is a candidate. Action on a complaint filed against a candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order, or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. _The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding:

(i)     that the petition is being presented for an improper purpose such as harassment or to cause delay;

(ii)     that the claims, defenses, and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(iii)     that the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery; or

(iv)     that the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack of information or belief."

SECTION     11.     Section 8-13-320(10)(b) of the 1976 Code is amended to read:

"(b)     If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall must shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint."

SECTION     12.     The 1976 Code is amended by adding:

"Section 8-13-365.     (A)     The commission must establish a system of electronic filing for disclosures and reports from all candidates and entities. In accordance with Article 13 of this chapter, reports required to be filed with the commission by candidates and committees for statewide and legislative offices after November 2, 2004, must be filed using an Internet-based filing system as prescribed by the commission. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.

(B)     All disclosures and reports required to be filed in accordance with Article 13 of this chapter by candidates and committees for statewide and legislative offices for the election cycle beginning November 3, 2004, must be filed electronically according to requirements established by the commission. The commission remains the appropriate supervisory office for those candidates and committees set forth in Section 8-13-1300(1).

(C)     The Ethics Commission must submit to the General Assembly a report no later than January 10, 2006, concerning the effectiveness of mandatory electronic filing, and must make recommendations as to the implementation of mandatory filing for all other candidates and entities."

SECTION     13.     Section 8-13-530(1) and (2) of the 1976 Code are amended to read:

"(1)     upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;

(2)     receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in the fifty-day period before an election in which the member or candidate is a candidate. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order, or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. _The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding:

(i)     that the petition is being presented for an improper purpose such as harassment or to cause delay;

(ii)     that the claims, defenses, and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(iii)     that the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery; or

(iv)     that the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack of information or belief;"

SECTION     14.     Section 8-13-1300(6) of the 1976 Code is amended to read:

"(6)     'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:

(a)     contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or

(b)     independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.

'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."

SECTION     15.     Section 8-13-1300(9) of the 1976 Code is amended to read:

"(9)     'Election' means:

(a)     a general, special, primary, or runoff election;

(b)     a convention or caucus of a political party held to nominate a candidate; or

(c)     the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or

(d)     a ballot measure."

SECTION     16     Section 8-13-1300(17) of the 1976 Code is amended to read:

"(17)     'Independent expenditure' means:

(a)     an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and

(b)     when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election to influence the outcome of an elective office or ballot measure but which is not:

(i)         made to;

(ii)     controlled by;

(iii)     coordinated with;

(iv)     requested by; or

(v)     made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.

Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."

SECTION     17.     Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:

"( )     'Ballot measure committee' means:

(a)     an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle;

(b)     a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or

(c)     a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle.

( )     'Influence the outcome of an elective office' means:

(a)     expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or

(b)     communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'

( )     'Coordinated with' means:

Discussion or negotiation between a candidate or a candidate's agent and: (a) a person; (b) an agent of a person; (c) any other agent of a candidate; or (d) any combination of these concerning, but not limited to, a political communication's:

(1)     contents, including the specific wording of print, broadcast, or telephone communications; appearance of print or broadcast communications; the message or theme of print or broadcast communications;

(2)     timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events;

(3)     location, including the proximity to other political communications, or geographical targeting, or both;

(4)     mode, including the medium (phone, broadcast, print, etc.) of the communication;

(5)     intended audience, including the demographic or political targeting, or geographical targeting; and

(6)     volume, including the amount, frequency, or size of the political communication."

SECTION     18.     Section 8-13-1302 of the 1976 Code is amended to read:

"Section 8-13-1302.     (A)     A candidate, or committee, or ballot measure committee shall must maintain and preserve an account of:

(1)     the total of contributions accepted by the candidate, or committee, or ballot measure committee;

(2)     the name and address of each person making a contribution and the date of receipt of each contribution;

(3)     the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;

(4)     the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;

(5)     all receipted bills, canceled checks, or other proof of payment for each expenditure; and

(6)     the occupation of each person making a contribution.

(B)     The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."

SECTION     19.     Section 8-13-1304 of the 1976 Code is amended to read:

"Section 8-13-1304.     (A)     A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.

(B)     A ballot measure committee, except an out-of-state committee, which receives or expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."

SECTION     20.     Section 8-13-1306 of the 1976 Code is amended to read:

"Section 8-13-1306.     (A)     The statement of organization of a committee or a ballot measure committee must include:

(1)     the full name of the committee or ballot measure committee;

(2)     the complete address and telephone number of the committee or ballot measure committee;

(3)     the date the committee or ballot measure committee was organized;

(4)     a summary of the purpose of the committee or ballot measure committee;

(5)     the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;

(6)     the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;

(7)     the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if other than the custodian is not one of the designated officers;

(8)     the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and

(9)     a certification of the statement by the chairman and the treasurer.

(B)     The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.

(C)     The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."

SECTION     21.     Section 8-13-1308(A) of the 1976 Code is amended to read:

"Section 8-13-1308.     (A)     Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, of five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that who does not receive or expend campaign contributions totaling, in an accumulated aggregate, of five hundred dollars or more must file an initial certified campaign report fifteen days before an election. In addition to the mandatory requirements of Section 8-13-365(B), any candidate or committee may file electronically."

SECTION     22.     Section 8-13-1308(D)(1) of the 1976 Code is amended to read:

"(D)(1)     At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request."

SECTION     23.     Section 8-13-1308 of the 1976 Code is amended by adding a new subsection to read:

"(G)     Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."

SECTION     24.     The 1976 Code is amended by adding:

"Section 8-13-1309.     (A)     Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.

(B)     Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).

(C)     At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(D)     Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.

(E)     Certified campaign reports detailing campaign contributions and expenditures must contain:

(1)     the total of contributions accepted by the ballot measure committee;

(2)     the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3)     the total expenditures made by or on behalf of the ballot measure committee; and

(4)     the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

SECTION     25.     Section 8-13-1310 of the 1976 Code is amended to read:

"Section 8-13-1310.     (A)     All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.

(B)     The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.

(C)     Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file.

(D)     As provided in Section 8-13-1372, the State Election Ethics Commission must review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."

SECTION     26.     Section 8-13-1314 of the 1976 Code is amended to read:

"Section 8-13-1314.     (A) Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept:

(1)     a contribution which exceeds:

(a)     three five thousand five hundred dollars in the case of a candidate for statewide office; or

(b)     one thousand two thousand five hundred dollars in the case of a candidate for any other office;

(2)     a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;

(3)     a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;

(4)     contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.

(B)     The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign."

SECTION     27.     Section 8-13-1316 of the 1976 Code is amended to read:

"Section 8-13-1316.     (A)     Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:

(1)     fifty seventy-five thousand dollars in the case of a candidate for statewide office;

(2)     five seven thousand five hundred dollars in the case of a candidate for any other office.

(B)     Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:

(1)     the operation of telephone banks;

(2)     the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or

(3)     voter registration and ballot information.

The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within seven days must remit the contribution to the Children's Trust Fund."

SECTION     28.     Section 8-13-1324 of the 1976 Code is amended to read:

"Section 8-13-1324.     (A)     A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee, and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.

(B)     The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."

SECTION     29.     Section 8-13-1332 of the 1976 Code is amended to read:

"Section 8-13-1332.     It is unlawful for:

(1)     a committee or ballot measure committee to make a contribution or expenditure by using:

(a)     anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or

(b)     dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or

(c)     monies obtained by the committee or the ballot measure committee in a commercial transaction;

(2)     a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution; and

(3)     a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333

(4)     an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."

SECTION     30.     The 1976 Code is amended by adding:

"Section 8-13-1333.     (A)     Not-for-profit corporations and committees formed by not-for-profit corporations may solicit contributions from the general public;

(B)     An organization or a committee of an organization may solicit contributions from the general public."

SECTION     31.     Section 8-13-1348(A) of the 1976 Code is amended to read:

"Section 8-13-1348.     (A)     No candidate, committee, public official, or political party, or ballot measure committee may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder; nor may these funds be converted to personal use. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment nor to an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office."

SECTION     32.     Section 8-13-1366 of the 1976 Code is amended to read:

"Section 8-13-1366.     Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may shall not require any information or identification as a condition of viewing a report or reports. The commissions commission, ethics committees, and the county clerks of court shall must ensure that the reports are available for copying or purchase at a reasonable cost."

SECTION     33.     Section 8-13-1368 of the 1976 Code is amended to read:

"Section 8-13-1368.     (A)     A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.

(B)     Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.

(C)     If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve, but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.

(D)     A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."

SECTION     34.     Section 8-13-1370(C) of the 1976 Code is amended to read:

"(C)     A committee or ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:

(1)     contributed to the state's State's general fund;

(2)     returned pro rata to all contributors;

(3)     (a)     if a committee, contributed to a political party or to another committee;

(b)     or if a ballot measure committee, to another ballot measure committee;

(4)     contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or

(5)     distributed using a combination of these options."

SECTION     35.     Section 8-13-1372 of the 1976 Code is amended to read:

"Section 8-13-1372.     (A)     The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.

(B)     A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."

SECTION     36.     The 1976 Code is amended by adding:

"Section 8-13-1373.     If the Attorney General, after request by the State or any of its political subdivisions, refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to it, must defend the action brought against the State or its political subdivision."

SECTION     37.     Section 8-13-1510 of the 1976 Code is amended to read:

"Section 8-13-1510.     Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:

(1)     a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or

(2)     after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars."

SECTION     38.     Section 8-13-1520 of the 1976 Code is amended to read:

"Section 8-13-1520.     (A)     Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.

(B)     Except as otherwise specifically provided for in Article 13 of this chapter, a person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both.

(C)     A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."
SECTION     39.     Section 2-17-20(C) of the 1976 Code is amended to read:

"(C)     Each lobbyist who ceases to engage in lobbying requiring him to register under this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he the lobbyist was registered engaged in lobbying requiring him to register under this section."

SECTION     40.     Section 2-17-20(G) of the 1976 Code is amended to read:

"(G)     A lobbyist must reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist is registered, regardless of termination of lobbying activities during that year."

SECTION     41.     Section 2-17-25(C) of the 1976 Code is amended to read:

"(C)     Each lobbyist's principal who ceases to authorize lobbying requiring him to register under this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist's principal who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he the lobbyist's principal was registered under this section."

SECTION     42.     Section 2-17-25(G) of the 1976 Code is amended to read:

"(G)     A lobbyist's principal must reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist's principal is registered, regardless of termination of authorization of lobbying activities during that year."

SECTION     43.     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 the 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, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION     44.     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 so expressly provides. 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     45.     This act takes effect upon approval by the Governor except that Sections 9, 10, 13-24, 26-31, 33, and 34 of this act takes effect January 1, 2003, and govern only transactions which take place after December 31, 2002. /

Amend title to conform.

Arthur Ravenel, Jr.               /s/W. Douglas "Doug" Smith
/s/Thomas L. Moore                /s/James H. Harrison
/s/Larry A. Martin                J. Seth Whipper
On Part of the Senate.            On Part of the House.

Rep. HARRISON explained the Conference Report.

Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:

Yeas 58; Nays 14

Those who voted in the affirmative are:

Barfield               Barrett                Bingham
Bowers                 Campsen                Cato
Chellis                Cooper                 Cotty
Delleney               Easterday              Edge
Emory                  Fleming                Hamilton
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Law
Leach                  Limehouse              Littlejohn
Lourie                 Martin                 McCraw
McGee                  McLeod                 Merrill
Neilson                Ott                    Quinn
Rice                   Riser                  Rodgers
Sandifer               Sharpe                 Sheheen
Simrill                Smith, D.C.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Talley                 Thompson
Townsend               Tripp                  Walker
Webb                   White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--58

Those who voted in the negative are:

Askins                 Breeland               Brown, J.
Clyburn                Hines, M.              Hosey
Howard                 Kennedy                Lloyd
Mack                   Neal, J.H.             Rivers
Rutherford             Weeks

Total--14

So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 290:

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

Very respectfully,
President
Received as information.

S. 290--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

S. 1246--FREE CONFERENCE POWERS REJECTED

Rep. WALKER moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.

The yeas and nays were taken resulting as follows:

Yeas 67; Nays 12

Those who voted in the affirmative are:

Askins                 Bales                  Barfield
Campsen                Cato                   Chellis
Cobb-Hunter            Cooper                 Cotty
Delleney               Edge                   Emory
Fleming                Freeman                Gilham
Harrell                Harrison               Hines, J.
Hinson                 Howard                 Huggins
Jennings               Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Limehouse              Littlejohn
Lourie                 Martin                 McCraw
McGee                  McLeod                 Merrill
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Rhoad                  Riser
Rodgers                Rutherford             Sandifer
Scarborough            Sharpe                 Simrill
Smith, J.E.            Smith, J.R.            Snow
Stille                 Stuart                 Talley
Thompson               Townsend               Trotter
Walker                 Whipper                White
Wilder                 Wilkins                Young, A.
Young, J.

Total--67

Those who voted in the negative are:

Bowers                 Gourdine               Hines, M.
Hosey                  Lloyd                  Loftis
Mack                   Rivers                 Sheheen
Smith, D.C.            Smith, G.M.            Weeks

Total--12

So, Free Conference Powers were rejected.

H. 3129--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.

Rep. HARRELL explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Hutto, Alexander and Hayes of the Committee of Free Conference on the part of the Senate on H. 4337:

H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Leatherman, Hayes and Moore of the Committee of Free Conference on the part of the Senate and has adopted the Free Conference Report on S. 852:

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

Very respectfully,
President
Received as information.

S. 852--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4337:

H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

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

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4876:

H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Peeler, Moore and Giese of the Committee of Free Conference on the part of the Senate on S. 1246:

S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 1246:

S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1047:

S. 1047 (Word version) -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 6, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4835:

H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1343 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 2002, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 5:15 P.M. ON JUNE 6, 2002, AND CONTINUE IN STATEWIDE SESSION, SUBJECT TO THE COMPLETION OF THE RATIFICATION OF ACTS, AND UPON COMPLETION OF THE RATIFICATION OF ACTS, NOT LATER THAN 8:00 P.M. ON THURSDAY, JUNE 6, 2002, SHALL STAND ADJOURNED SINE DIE.

Be it resolved by the Senate, the House of Representatives concurring:

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 session after Thursday, June 6, 2002, under the following terms and conditions:

When each house adjourns on Thursday, June 6, 2002, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 5:15 p.m. on June 6, 2002, and continue to meet in statewide session, subject to the completion of the ratification of acts, and upon completion of the ratification of acts, not later than 8:00 p.m. on Thursday, June 6, 2002, shall stand adjourned sine die.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ADJOURNMENT

At 5:00 p.m., on motion of Rep. FLEMING, the House adjourned pursuant to the provisions of S. 1343.

STATEWIDE SESSION

Pursuant to the provisions of S. 1343, the House reassembled at 5:15 p.m. in Statewide Session and was called to order by the SPEAKER.

RATIFICATION OF ACTS

At 5:45 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R437, S. 1208 (Word version)) -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "STEPHANIE'S LAW" SO AS TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS CONCERNING "ABUSED OR NEGLECTED CHILD" AND CHILD ABUSE AND NEGLECT, SO AS TO DEFINE "CHILD ABUSE OR NEGLECT"; TO REVISE "HARM" AND TO INCLUDE INJURY TO EMOTIONAL FUNCTIONING AS MENTAL INJURY; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO ADD SECTION 20-7-570 SO AS TO AUTHORIZE CIVIL ACTIONS AGAINST A PERSON WHO HAS REPORTED CHILD ABUSE OR NEGLECT MALICIOUSLY OR IN BAD FAITH AND TO PROVIDE FOR PUNITIVE DAMAGES, ATTORNEY'S FEES, AND COSTS; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING RECEIVING AND PROCESSING REPORTS OF CHILD ABUSE OR NEGLECT, SO AS TO REVISE THE CATEGORIZATION OF SUCH REPORTS, TO REVISE RECORD RETENTION PROCEDURES, AND TO REVISE CONFIDENTIALITY AND DISCLOSURE OF INFORMATION PROVISIONS; TO AMEND SECTION 20-7-655, AS AMENDED, RELATING TO THE CHILD PROTECTIVE SERVICES APPEAL PROCESS, SO AS TO ELIMINATE THE APPEALS COMMITTEE PROCESS, TO ESTABLISH THAT SUCH AN APPEAL IS A CONTESTED CASE, TO CLARIFY THAT THE PROCESS IS ONLY AVAILABLE TO PERSONS DETERMINED TO HAVE ABUSED OR NEGLECTED A CHILD AND IN CASES NOT BEING BROUGHT BEFORE THE FAMILY COURT FOR DISPOSITION; TO CLARIFY PROCEDURES FOR AN INTERIM REVIEW BEFORE A CONTESTED CASE HEARING, AND TO FURTHER SPECIFY REMOVING DATA FROM THE DEPARTMENT'S RECORDS AND THE CENTRAL REGISTRY WHEN ABUSE OR NEGLECT IS NOT FOUND; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO JURISDICTION FOR RECEIVING AND INVESTIGATING INSTITUTIONAL CHILD ABUSE AND NEGLECT REPORTS, SO AS TO CLARIFY THAT THE DEPARTMENT OF SOCIAL SERVICES IS AUTHORIZED TO RECEIVE AND INVESTIGATE SUCH REPORTS IN CHILD DAYCARE FACILITIES AND TO FURTHER PROVIDE FOR THESE INVESTIGATIONS; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO INFORMATION ON UNFOUNDED REPORTS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROHIBIT THE REGISTRY FROM CONTAINING ANY INFORMATION FROM UNFOUNDED REPORTS.

(R438, S. 12 (Word version)) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: AN ACT TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

(R439, S. 41 (Word version)) -- Senators Leventis and Reese: AN ACT TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE ALARM SYSTEM BUSINESS INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST AN ALARM SYSTEM BUSINESS LICENSEE, SO AS, RESPECTIVELY, TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE AND TO INCLUDE IN SUCH GROUNDS THE CANCELLATION OF A LICENSE OR REGISTRATION; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT, WHICH INCLUDES A CRIMINAL BACKGROUND CHECK, TO HAVE ACCESS TO CLIENT RECORDS, TO PROVIDE PROCEDURES FOR ACCESS TO RECORDS PENDING THE BACKGROUND CHECK RESULTS, TO REQUIRE NOTIFICATION OF THE DEPARTMENT UPON TERMINATION OF EMPLOYMENT TO PROVIDE THAT CERTAIN TEMPORARY EMPLOYEES ARE NOT REQUIRED TO BE REGISTERED BUT MAY NOT HAVE ACCESS TO CLIENT RECORDS; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 40-79-20, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE SOUTH CAROLINA ALARM SYSTEM BUSINESS ACT, SO AS TO REVISE THE DEFINITION OF "REGISTERED" AND BY ADDING DEFINITIONS OF ADDITIONAL TERMS; TO AMEND SECTION 40-79-230, RELATING TO APPLICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO REQUIRE COMPLETION OF CERTAIN TRAINING PROGRAMS DEPENDING ON THE PROFESSION OF THE PERSON SEEKING LICENSURE.

(R440, S. 237 (Word version)) -- Senator Leatherman: AN ACT TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.

(R441, S. 290 (Word version)) -- Senator Bauer: AN ACT TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 23 SO AS TO REGULATE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS, EXCLUDING THAT BY THE STATE BUDGET AND CONTROL BOARD, SPECIFICALLY TO PROHIBIT SPECIAL GOVERNMENTAL BENEFITS, SUBSIDIZATION OF COSTS FROM OTHER SOURCES, INCLUSION OF CERTAIN CAPITAL COSTS AND TAXES AND FEES IN THEIR RATES, AND MAINTENANCE OF SEPARATE BOOKS; TO REQUIRE THAT GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS BE SUBJECT TO THE SAME STATUTORY REGULATION AS NONGOVERNMENTAL PROVIDERS AND PREPARE AND PUBLISH AN INDEPENDENT ANNUAL AUDIT; TO PROVIDE FOR PAYMENT AND COLLECTION OF TAXES LIKE A NONGOVERNMENTAL PROVIDER; TO LIMIT THE APPLICABILITY OF THE DEPARTMENT OF REVENUE CONFIDENTIALITY PROVISIONS; TO PROVIDE THAT THE DEPARTMENT OF INSURANCE DETERMINE MARKET RATES AND REQUIRE THE RATE OF PAYMENT BY GOVERNMENTAL PROVIDERS TO EQUAL OR EXCEED THE AVERAGE MARKET RATE; AND TO EXEMPT PUBLIC UTILITIES OWNED OR OPERATED BY A MUNICIPALITY OR REGIONAL TRANSPORTATION AUTHORITY FROM OTHER REGULATION BY THE PUBLIC SERVICE COMMISSION.

(R442, S. 322 (Word version)) -- Senators Mescher, Grooms and Branton: AN ACT TO AMEND SUBARTICLE 2, ARTICLE 11, CHAPTER 7, TITLE 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL VISITATION PROVISIONS BY ENACTING THE SOUTH CAROLINA PRIVATE GUARDIAN AD LITEM REFORM ACT, SO AS TO ESTABLISH THE CONDITIONS UNDER WHICH A FAMILY COURT JUDGE MAY APPOINT A GUARDIAN AD LITEM IN CHILD CUSTODY AND VISITATION MATTERS, TO PROVIDE THAT AN ATTORNEY OR A LAYPERSON MAY SERVE AS A GUARDIAN AD LITEM AND TO ESTABLISH QUALIFICATIONS, INCLUDING TRAINING AND CONTINUING EDUCATION, TO AUTHORIZE THE COURT TO APPOINT AN ATTORNEY FOR THE GUARDIAN AD LITEM, TO PROVIDE THE RESPONSIBILITIES, DUTIES, AND SCOPE OF AUTHORITY OF GUARDIANS AD LITEM, TO PROVIDE THAT THE FAMILY COURT JUDGE SHALL ESTABLISH THE METHOD AND RATE OF COMPENSATION FOR A GUARDIAN AD LITEM, TO ESTABLISH GUIDELINES FOR DETERMINING REASONABLENESS OF FEES AND COSTS, AND TO REQUIRE GUARDIANS AD LITEM TO DISCLOSE CERTAIN INFORMATION TO PARTIES RELATING TO THEIR ABILITY TO SERVE IN AN EQUITABLE, IMPARTIAL MANNER; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO APPOINT GUARDIANS AD LITEM, SO AS TO SPECIFY THAT SUCH APPOINTMENTS ARE IN ACTIONS PERTAINING TO CUSTODY OR VISITATION; TO REDESIGNATE SECTION 20-7-1555 AS SECTION 20-7-1525 AND SECTION 20-7-1557 AS SECTION 20-7-1535, AND TO PLACE BOTH SECTIONS IN SUBARTICLE 1, ARTICLE 11, CHAPTER 7, TITLE 20, WHICH IS RENAMED "SPECIAL CUSTODY AND VISITATION PROVISIONS; AND TO RENAME SUBARTICLE 2, ARTICLE 11, CHAPTER 7, TITLE 20, "PRIVATE GUARDIANS AD LITEM".

(R443, S. 379 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET" AND "STRETCH", AND BY AMENDING THE DEFINITIONS OF "ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-32 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS AUTHORITY TO CLOSE FISHING SEASONS, AREA, OR ACTIVITIES IN THE SALT WATERS OF THIS STATE WHEN AN EMERGENCY EXISTS; TO AMEND SECTION 50-5-35, RELATING TO NOTICE OF OPENING AND CLOSING OF COMMERCIAL FISHING SEASONS, SO AS TO EXEMPT EMERGENCY CLOSINGS FROM THE TWENTY-FOUR HOUR NOTICE REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT CERTAIN PERISHABLE ITEMS SEIZED, THE SALE OF WHICH IS NOT ILLEGAL PER SE, MAY BE DONATED TO A NONPROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT, THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE, AND TO FURTHER PROVIDE THAT EACH FISH, FISHERY PRODUCT, OR PART THEREOF TAKEN, POSSESSED, OR SOLD IN VIOLATION OF THIS CHAPTER IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-120, AS AMENDED, RELATING TO BOARDING OF VESSELS BY LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF WATERCRAFT OPERATING IN THE WATERS OF THIS STATE ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-335, RELATING TO CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-365, RELATING TO LICENSING REQUIREMENTS APPLICABLE TO SALE OR TRANSPORTATION OF LIVE, FRESHWATER, OR SALT WATER FISHERY PRODUCT, SO AS TO PROVIDE AN EXCEPTION TO THE PENALTY PROVISION OF THIS SECTION; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-366, SO AS TO PROVIDE THAT A PERSON WHO SELLS OR OFFERS TO SELL SHRIMP MUST HAVE CERTAIN DOCUMENTS IN HIS POSSESSION AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-367, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, OFFER FOR SALE, OR PURCHASE SHRIMP TAKEN OVER BAIT; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET, NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-710, RELATING TO RESTRICTIONS ON TRAWLING FOR SHRIMP, SO AS TO REVISE THE PENALTIES FOR UNLAWFULLY TRAWLING INSIDE AND OUTSIDE OF THE GENERAL TRAWLING ZONE; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO CHANGE THE REFERENCE TO NOS CHART 11521 FROM THE 2ND EDITION TO THE 22ND EDITION AND TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO REVISE CERTAIN TURTLE EXCLUDER DEVICE SPECIFICATIONS AND TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO REVISE THE PROVISIONS RELATING TO PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-985, RELATING TO SETTING SEASONS FOR TAKING SHELLFISH, SO AS TO EXTEND THE PERIOD THE DEPARTMENT MAY SET THE SEASON FOR TAKING SHELLFISH FROM APRIL 15 TO MAY 15 EACH YEAR; TO AMEND SECTION 50-5-1100, RELATING TO THE TAKING OF SHRIMP, SO AS TO INCREASE THE FINE FOR A VIOLATION OF THIS SECTION FROM TWO HUNDRED DOLLARS TO A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS AND PROVIDE THAT EACH QUART OF SHRIMP TAKEN IN VIOLATION OF THE PROVISIONS OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED AS REGULATIONS; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1506, SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS AND EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING SHAD; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1507, SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS AND EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING HERRING; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1508, SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS AND EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING STURGEON; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE THAT IT IS UNLAWFUL TO USE SKIM-BOW NETS WHILE OPERATING OR POSSESSING COMMERCIAL FISHING EQUIPMENT FOR TAKING SHAD OR HERRING, TO PROVIDE FOR TIMES AND CONDITIONS FOR USING SKIM-BOW NETS AND GILL NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1515, AS AMENDED, RELATING TO SHAD HOOK AND LINE CATCH LIMITS, SO AS TO PROVIDE SKIM-BOW NET CATCH LIMITS FOR SHAD AND PROHIBIT THE SALE OF SHAD TAKEN BY SKIM-BOW NET; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2100, RELATING TO MARICULTURE PERMITS, SO AS TO REVISE THE PROVISIONS RELATING TO MARICULTURE PERMITS, AND TO FURTHER PROVIDE THAT EACH FISH TAKEN IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION TO THE EFFECT THAT POINTS AND PENALTIES UNDER THIS SECTION ARE IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO REVISE CERTAIN LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST NOTIFY THE PERSON OR ENTITY IN WRITING THAT HIS SALTWATER PRIVILEGES HAVE BEEN SUSPENDED, AND TO DELETE CERTAIN OBSOLETE PROVISIONS RELATING TO REQUESTS FOR A REVIEW AFTER RECEIPT OF A NOTICE OF SUSPENSION OF SALTWATER PRIVILEGES; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO PROVIDE THAT REVIEW OF A SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL, AND PROVIDE THAT PASSENGERS MAY BE GUILTY OF VIOLATING THIS SECTION; TO AMEND SECTION 50-5-1330, RELATING TO HORSESHOE CRAB PERMITS, SO AS TO PROVIDE THAT EACH HORSESHOE CRAB OR PART THEREOF TAKEN IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-1715, RELATING TO LIMITS ON TAKING DOLPHINS AND MAHI-MAHI, SO AS TO PROVIDE THAT EACH FISH TAKEN IN VIOLATION OF ARTICLE 17 IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2105, RELATING TO PERMITS FOR LICENSED WHOLESALE SEAFOOD DEALERS, SO AS TO PROVIDE THAT EACH FISH SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2740, RELATING TO PENALTIES FOR VIOLATIONS OF ARTICLE 27, SO AS TO PROVIDE THAT EACH FISH, LOBSTER, OR OTHER MARINE RESOURCE TAKEN, POSSESSED, SOLD, OFFERED FOR SALE, PURCHASED, OR ATTEMPTED TO BE SOLD, PURCHASED, BROUGHT TO THE DOCK, OR LANDED IN VIOLATION OF THIS ARTICLE IS A SEPARATE OFFENSE; AND TO REPEAL SECTION 50-5-2735 OF THE 1976 CODE.

(R444, S. 830 (Word version)) -- Senators Giese, Hayes, Courson and Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.

(R445, S. 852 (Word version)) -- Senators Leatherman, Martin and Giese: AN ACT TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO A FEE IN LIEU OF TAXES, SO AS TO REQUIRE ADDITIONAL INFORMATION IN AGREEMENTS IMPLEMENTING THE FEE ARRANGEMENT AND PROVIDE FOR THE DUTIES OF THE AUDITOR WITH RESPECT TO THESE FEES; BY ADDING SECTIONS 4-12-45 AND 12-44-55 SO AS TO REQUIRE ADDITIONAL INFORMATION IN AGREEMENTS IMPLEMENTING FEE IN LIEU OF PROPERTY TAX PROVISIONS AND PROVIDE FOR THE DUTIES OF THE AUDITOR WITH RESPECT TO THESE FEES; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 35 ENACTING "THE SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT" PROVIDING FOR METHODS OF IMPROVING THE ADMINISTRATION OF SALES AND USE TAXES; TO AMEND SECTIONS 4-12-30 AND 4-29-67, BOTH AS AMENDED, RELATING TO FEES IN LIEU OF TAXES, SO AS TO ALLOW ADDITIONAL EXTENSIONS FOR THE COMPLETION OF PROJECTS AND EXTENSIONS FOR FILING REQUIRED RETURNS; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT FEES AND CREDITS, SO AS TO PROVIDE ADDITIONAL QUALIFIED EXPENDITURES AGAINST WHICH TO CLAIM THE CREDIT; BY ADDING SECTION 12-10-105 SO AS TO PROVIDE AN ADDITIONAL FEE FOR CERTAIN BUSINESSES CLAIMING THE JOB DEVELOPMENT CREDIT; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN EXEMPTION FOR PROPERTY OF NONPROFIT HOUSING CORPORATIONS OR THEIR INSTRUMENTALITIES AND PROVIDE THE QUALIFICATIONS FOR THIS EXEMPTION; TO AMEND SECTION 12-6-3910, RELATING TO ESTIMATED TAX PAYMENTS, SO AS TO CHANGE THE FIRST QUARTER DUE DATE FOR CALENDAR YEAR CORPORATIONS AND PROVIDE FOR THE INCLUSION OF LICENSE FEES IN THE ESTIMATED TAX PAYMENTS; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSIONS OF TIME FOR FILING TAX RETURNS SO AS TO REMOVE THE REQUIREMENT THAT A CORPORATE TAXPAYER SEPARATELY APPLIES TO THE DEPARTMENT OF REVENUE FOR AN EXTENSION OF TIME TO FILE A STATE RETURN EVEN THOUGH IT IS NOT REQUIRED TO MAKE A TAX PAYMENT AT THE TIME OF THE EXTENSION AND HAS BEEN GRANTED AN EXTENSION OF TIME TO FILE A FEDERAL RETURN; TO AMEND SECTION 12-20-20, RELATING TO CORPORATE EXTENSIONS OF TIME TO FILE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF DECLARATION OF ESTIMATED TAX, SO AS TO DELETE DUPLICATIVE PROVISIONS; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DATE THE DEPARTMENT OF REVENUE FURNISHES THE PRELIMINARY INDEX OF TAXPAYING ABILITY; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SET-OFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITIONS OF "CLAIMANT AGENCY" TO OTHER STATES AND POLITICAL SUBDIVISIONS OF THOSE STATES AND TO THE UNITED STATES; TO AMEND SECTIONS 12-36-910 AND 12-36-1310, BOTH AS AMENDED, RELATING TO THE SPECIAL IMPOSITION OF THE SALES ON LAUNDRY SERVICES, COMMUNICATIONS SERVICES, ELECTRICITY, AND MANUFACTURER-CONSUMED GOODS AND IMPOSITION OF THE USE TAX, SO AS TO CLARIFY THE IMPOSITION OF THE TAX ON PREPAID WIRELESS CALLING ARRANGEMENTS AND TO REVISE THE DATE FOR SOURCING MOBILE TELECOMMUNICATIONS SERVICES UNDER THE MOBILE TELECOMMUNICATIONS SOURCING ACT; TO AMEND SECTION 12-54-195, RELATING TO THE REMITTANCE BY A RESPONSIBLE PERSON OF A TAX COLLECTED FOR THE DEPARTMENT, SO AS TO PROVIDE FOR A PENALTY AND INTEREST ASSESSMENT AGAINST A RESPONSIBLE PERSON WHO FAILS TO REMIT A LOCAL OR STATE SALES OR USE TAX TO THE DEPARTMENT; TO AMEND SECTION 12-6-1130, RELATING TO MODIFICATION OF FEDERAL DEDUCTIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX, SO AS TO CORRECT A REFERENCE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE OATH REQUIRED TO CLAIM THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-21-3920, RELATING TO DEFINITIONS FOR BINGO, SO AS TO REVISE THE DEFINITIONS FOR "PROMOTER" AND "SESSION"; TO AMEND SECTION 12-21-3950, RELATING TO THE BINGO PROMOTER'S LICENSE, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE DAYS THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT AN APPLICATION FOR A PROMOTER'S LICENSE; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROHIBIT PAYING LESS THAN FACE VALUE FOR CARDS AND REQUIRE SPECIFIC ANNOUNCEMENT OF PRIZES; TO AMEND SECTION 12-21-4000, RELATING TO BINGO PROCEDURES, SO AS TO ALLOW THE LIMIT ON BINGO GROSS PROCEEDS TO BE A QUARTERLY AVERAGE AND CLARIFY WHAT CONSTITUTES A SEPARATE OFFENSE FOR UNPAID TAXES, AND ALLOW PROMOTIONS OF SPECIAL EVENTS DURING A SESSION NOT INCLUDED IN TOTAL PAYOUTS AND PROVIDE THE RESTRICTIONS ON THESE PROMOTIONS; TO AMEND SECTION 12-21-4020, RELATING TO THE VARIOUS CLASSES OF THE BINGO LICENSE, SO AS TO INCREASE FROM THREE TO FIVE GAMES A WEEK THE GAMES THAT MAY BE CONDUCTED BY A CLASS B LICENSEE; TO AMEND SECTIONS 12-21-4080 AND 12-21-4090, RELATING TO THE DISTRIBUTION OF BINGO PROCEEDS AND BINGO BANK ACCOUNTS, SO AS TO PROVIDE FOR SESSION DEPOSITS AND TO ALLOW THE DEPOSIT OF LOAN PROCEEDS TO COVER A DEFICIT; TO AMEND SECTION 12-21-4120, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO AUTHORIZE ADVISING RULINGS ON ACTS CONSTITUTING VIOLATIONS AND STAY ENFORCEMENT PENDING THE RULING; TO AMEND SECTION 12-21-4210, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO ALLOW THE RETURN OF PAPERS FOR CREDIT AGAINST AN OUTSTANDING VOUCHER; TO AMEND SECTION 12-21-4270, RELATING TO THE APPLICATION TO OBTAIN BINGO CARDS, SO AS TO AUTHORIZE PAYMENT BY CHECK AND CASH AND PROVIDE THAT FOLLOWING A RETURNED CHECK, THE ORGANIZATION OR PROMOTER MUST MAKE PAYMENT USING CERTIFIED FUNDS; BY ADDING SECTIONS 12-21-4005 AND 12-21-4300 SO AS TO PROVIDE THAT THE OPERATION OF BINGO EXCLUDES MACHINES AND LOTTERY GAMES AND TO PROVIDE FOR SEVERABILITY; BY ADDING SECTION 12-2-90 SO AS TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THE FEE IN LIEU OF TAX; TO AMEND TITLE 2, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 41 ESTABLISHING THE JOINT COMMITTEE ON TAXATION AND PROVIDING FOR ITS MEMBERSHIP AND DUTIES; TO AMEND SECTION 59-2-70, RELATING TO INVESTMENT AND OTHER PROCEDURES UNDER THE SOUTH CAROLINA COLLEGE INVESTMENT PROGRAM (SCCIP) WHICH ESTABLISHES A QUALIFIED PLAN FOR QUALIFIED HIGHER EDUCATION EXPENSES, SO AS TO PROVIDE THAT BENEFICIARIES MAY BE CHANGED IN ANY ACCOUNT BY AN ACCOUNT OWNER AS DESIRED TO THE EXTENT NOT PROHIBITED BY FEDERAL LAW; TO AMEND SECTION 59-2-80, RELATING TO CONTRIBUTIONS TO AND EARNINGS AND WITHDRAWALS FROM INVESTMENT ACCOUNTS UNDER THE PROGRAM, SO AS TO FURTHER PROVIDE FOR THE DEDUCTIBILITY OF CONTRIBUTIONS UNDER THE PROGRAM, AND TO PROVIDE THAT WITHDRAWALS OF THE PRINCIPAL AMOUNT OF CONTRIBUTIONS THAT ARE NOT QUALIFIED WITHDRAWALS MUST BE RECAPTURED INTO SOUTH CAROLINA INCOME SUBJECT TO TAX IN SPECIFIED CIRCUMSTANCES; BY ADDING SECTION 59-2-85 SO AS TO PERMIT STATE EMPLOYEES TO CONTRIBUTE TO THE PROGRAM THROUGH PAYROLL DEDUCTIONS, AND PERMIT THE STATE TREASURER TO ESTABLISH METHODS FOR EMPLOYEES OF PRIVATE ENTITIES TO CONTRIBUTE TO THE PROGRAM THROUGH PAYROLL DEDUCTIONS; TO AMEND SECTION 12-6-1140, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME, SO AS TO FURTHER PROVIDE FOR THE DEDUCTIBILITY OF CONTRIBUTIONS TO THE SOUTH CAROLINA COLLEGE INVESTMENT PROGRAM (SCCIP) AND THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM (SCTPP); TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT CREDIT, SO AS TO PROVIDE FOR THE CREDIT TO BE CLAIMED AGAINST RELOCATION EXPENSES ASSOCIATED WITH A NEW NATIONAL HEADQUARTERS; TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO LEGISLATIVE RETIREMENT, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY WHO HAS ATTAINED THE AGE OF 70 OR WHO HAS THIRTY YEARS OF SERVICE TO RECEIVE A RETIREMENT BENEFIT WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY; TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT, AND TO PROVIDE FOR AN UNINTERRUPTED IMPOSITION OF THE TAX.

(R446, S. 911 (Word version)) -- Senator Pinckney: AN ACT TO PROVIDE A STATEMENT OF LEGISLATIVE INTENT IN REGARD TO ACT 146 OF 2001, RELATING TO THE "JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT".

(R447, S. 1047 (Word version)) -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS; AND TO ADD SECTION 61-6-1560 SO AS TO PROVIDE THAT A RETAIL DEALER, WHOLESALER, OR PRODUCER MAY OFFER DISCOUNTS ON ALCOHOLIC LIQUORS OR NONALCOHOLIC ITEMS THROUGH THE USE OF PREMIUMS, COUPONS, OR STAMPS REDEEMABLE BY MAIL.

(R448, S. 1131 (Word version)) -- Senators Patterson, Giese, Courson and Jackson: AN ACT TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE, AND TO PROVIDE FOR THE ELECTION OF TRUSTEES FOR RICHLAND-LEXINGTON SCHOOL DISTRICT 5; TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE RICHLAND-LEXINGTON AIRPORT DISTRICT, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM TEN TO TWELVE MEMBERS AND PROVIDE FOR THE METHOD OF APPOINTMENT OF THE ADDITIONAL MEMBERS; AND TO AMEND SECTION 59-53-1710, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO REDUCE FROM EIGHT TO SEVEN THE COMMISSION MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION AND CONCOMITANTLY INCREASE FROM FOUR TO FIVE THE COMMISSION MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE LEXINGTON COUNTY DELEGATION.

(R449, S. 1259 (Word version)) -- Senator Fair: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COVENANT MARRIAGE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP, SCOPE OF STUDY, AND REPORTING REQUIREMENTS, AND TO ABOLISH THE STUDY COMMITTEE UPON SUBMISSION OF ITS REPORT.

(R450, S. 1303 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2683, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R451, S. 1313 (Word version)) -- Senators Hayes, Gregory and Short: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF YORK COUNTY SCHOOL DISTRICT 4 (FORT MILL) TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2002-2003 ONLY.

(R452, H. 3049 (Word version)) -- Reps. Campsen, Altman, Simrill, Cotty and Knotts: AN ACT TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE; TO AMEND SECTION 25-1-420, AS AMENDED, RELATING TO THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION, SO AS TO ABOLISH THE STATEWIDE URBAN SEARCH AND RECOVERY TEAM; BY ADDING SECTION 23-15-45 SO AS TO INVEST SHERIFFS WITH STATEWIDE TERRITORIAL JURISDICTION TO SERVE UPON INCARCERATED INMATES WARRANTS ISSUED BY MAGISTRATES WHO HAVE BEEN GRANTED BY THE CHIEF JUSTICE OF THE SUPREME COURT OF SOUTH CAROLINA STATEWIDE TERRITORIAL JURISDICTION TO QUALIFIED CRIMINAL CASES; TO AMEND SECTION 56-5-2522, RELATING TO THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS DIRECTED TO BE TOWED BY A LAW ENFORCEMENT OFFICER, SO AS TO MODIFY THE APPLICABLE TIME PERIODS THAT MUST ELAPSE BEFORE CERTAIN ACTIONS REGARDING THE VEHICLE OR OBJECT MAY OCCUR AND TO AUTHORIZE THE SHERIFF'S OR THE POLICE CHIEF'S DESIGNEE TO CARRY OUT THE ACTIONS PROVIDED IN SECTION 56-5-5640; TO AMEND SECTION 56-5-2360, RELATING TO THE OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY OR POLICE VEHICLES, SO AS TO PROVIDE THAT WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE EMERGENCY OR POLICE VEHICLE; TO AMEND SECTION 56-3-120, AS AMENDED, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE REGISTRATION AND LICENSING REQUIREMENTS, SO AS TO EXEMPT CERTAIN FIREFIGHTING VEHICLES; BY ADDING SECTION 56-1-464 SO AS TO PROVIDE THAT A PERSON WHOSE LICENSE IS CANCELED, SUSPENDED, OR REVOKED BASED SOLELY ON CERTAIN OUT-OF-STATE VIOLATIONS MAY PETITION THE MAGISTRATE'S COURT TO DISMISS THE STATE'S CHARGE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-1538, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE, SO AS TO REQUIRE THE DRIVER OF A VEHICLE TO KEEP THE VEHICLE UNDER CONTROL WHEN APPROACHING OR PASSING AN EMERGENCY SCENE, TO REQUIRE THE DRIVER OF A VEHICLE WHEN APPROACHING A STATIONARY EMERGENCY VEHICLE TO PROCEED WITH DUE CAUTION AND TO YIELD THE RIGHT-OF-WAY UNDER CERTAIN CONDITIONS, TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY USE THE ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER, WHOSE SUSPENSION IS UPHELD AT AN ADMINISTRATIVE HEARING, MAY APPLY FOR A SPECIAL RESTRICTED DRIVER'S LICENSE, PERMITTING THE DRIVER TO DRIVE TO AND FROM ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES, TO REVISE THE CONDITIONS UPON WHICH A SPECIAL RESTRICTED DRIVER'S LICENSE MAY BE ISSUED, TO PROVIDE THAT A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE WHOSE STATUS OF ATTENDANCE AT ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES HAS CHANGED, MUST REPORT THE CHANGE IN STATUS TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT A SPECIAL RESTRICTED DRIVER'S LICENSE ISSUED TO A PERSON WHO DOES NOT REQUEST AN ADMINISTRATIVE HEARING SHALL PERMIT THE DRIVER'S LICENSE HOLDER TO DRIVE TO AND FROM HIS PLACE OF EDUCATION, IN THE COURSE OF HIS EMPLOYMENT OR EDUCATION, AND TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES; TO AMEND SECTION 56-5-2780, AS AMENDED, RELATING TO PENALTIES THAT MAY BE IMPOSED UPON A PERSON WHO UNLAWFULLY MEETS OR PASSES A SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS PROVISION MAY BE TRIED IN MAGISTRATE'S COURT; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE DUE TO A CONVICTION FOR A CONTROLLED SUBSTANCE VIOLATION, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD ENROLLMENT IN A COURT-ORDERED DRUG PROGRAM AS A BASIS FOR APPLYING FOR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-746, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR OFFENSES RELATING TO THE POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOL, OR FOR UNLAWFUL USE OR ALTERATION OF A DRIVER'S LICENSE, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO A PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD ENROLLMENT IN A COURT-ORDERED DRUG PROGRAM AS A BASIS FOR APPLYING FOR A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE THAT A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE WHOSE STATUS OF ATTENDANCE IN A COURT-ORDERED DRUG PROGRAM HAS CHANGED, MUST REPORT THE CHANGE IN STATUS TO THE DEPARTMENT OF PUBLIC SAFETY; AND BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.

(R453, H. 3129 (Word version)) -- Reps. Kirsh, Vaughn, Altman and Whipper: AN ACT TO AMEND ACT 369 OF 1959, AS AMENDED, RELATING TO THE ST. JOHN'S FIRE DISTRICT IN CHARLESTON COUNTY, INCLUDING PROCEDURES APPLICABLE TO CONTRACTS, BIDDING, AND PROCUREMENT, SO AS TO REVISE PROCUREMENT AND BIDDING REQUIREMENTS APPLICABLE TO THE DISTRICT.

(R454, H. 3372 (Word version)) -- Reps. Sharpe, Dantzler, Lourie and Witherspoon: AN ACT TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE CHAPTER AND PROVIDE FOR THE DUTIES OF THE PUBLIC HEALTH VETERINARIAN AND CERTAIN STATE AGENCIES IN CONNECTION WITH THE CONTROL OF RABIES, TO REGULATE THE SALE OF CERTAIN ANIMALS AS PETS, REQUIRE INOCULATION OF CERTAIN PETS, AND REQUIRE A PET OWNER OR ANY OTHER PERSON TO NOTIFY THE COUNTY HEALTH DEPARTMENT IF A PET OR OTHER ANIMAL IS AFFECTED BY OR SUSPECTED OF HAVING RABIES; PROVIDES ADDITIONAL MEASURES FOR THE RESTRICTION AND CONTROL OF RABIES IN THIS STATE AND FOR THE ENFORCEMENT OF THE RABIES CONTROL ACT, AND PROVIDES PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

(R455, H. 3485 (Word version)) -- Reps. Phillips, Littlejohn, McCraw and Whipper: AN ACT TO AMEND SECTION 56-19-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE TO ISSUE OR TRANSFER A CERTIFICATE OF TITLE, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO TEN DOLLARS AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEE; AND TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE SPECIAL MOTOR VEHICLE LICENSE PLATES TO MAYORS AND FORMER MEMBERS OF THE GENERAL ASSEMBLY WHO ARE ELIGIBLE TO RECEIVE RETIREMENT BENEFITS UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM.

(R456, H. 3601 (Word version)) -- Reps. Huggins and Barfield: AN ACT TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY SUBJECT TO AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE PURCHASE OF A PRIMARY RESIDENCE SUBJECT TO VACATION RENTAL OF NO MORE THAN NINETY DAYS MAY APPLY FOR THE FOUR PERCENT TAX ASSESSMENT APPLICABLE TO LEGAL RESIDENCES WHICH APPLIES RETROACTIVELY TO THE DATE OF ACQUIRING OWNERSHIP IF THE OWNER OCCUPIED THE RESIDENCE WITHIN NINETY DAYS OF SUCH ACQUISITION; TO AMEND TITLE 27, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 BY ENACTING THE "RESIDENTIAL PROPERTY CONDITION ACT" AND THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY AND THE RIGHTS OF PARTIES TO SUCH TRANSFERS, TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER, AND TO PROVIDE SANCTIONS FOR VIOLATIONS; AND TO ADD SECTION 27-33-50 SO AS TO PROVIDE THAT UNLESS OTHERWISE AGREED TO IN WRITING A TENANT IS RESPONSIBLE FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICE AND TO PROHIBIT ENTITIES PROVIDING THESE SERVICES FROM REQUIRING A LANDLORD TO EXECUTE AN AGREEMENT ASSUMING THESE RESPONSIBILITIES OR FROM DISCONTINUING SERVICE IF A LANDLORD REFUSES TO EXECUTE SUCH AN AGREEMENT.

(R457, H. 3602 (Word version)) -- Reps. Townsend and Harrell: AN ACT TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.

(R458, H. 3668 (Word version)) -- Reps. Jennings and Cato: AN ACT TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY, AND BY ADDING SECTION 17-5-535 SO AS TO PROVIDE THAT PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY MAY ONLY BE VIEWED BY CERTAIN PERSONS AND PROVIDE A PENALTY FOR VIOLATION.

(R459, H. 3817 (Word version)) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: AN ACT TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES", "HEALTH MAINTENANCE ACTIVITIES", AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES TO AN INDIVIDUAL IN NEED OF IN-HOME CARE OR FROM PERFORMING ACTS WHICH A PERSON WOULD NORMALLY PERFORM IF ABLE TO DO SO.

(R460, H. 3823 (Word version)) -- Reps. Altman, Hinson, Campsen and Easterday: AN ACT TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".

(R461, H. 3958 (Word version)) -- Reps. Rodgers, Gilham and Rivers: AN ACT TO DEVOLVE UPON THE GOVERNING BODY OF BEAUFORT COUNTY, WITH CERTAIN ENUMERATED EXCEPTIONS, ALL APPOINTMENTS TO OFFICES, BOARDS, AND COMMISSIONS AFFECTING ONLY BEAUFORT COUNTY WHICH BY STATUTE OR RESOLUTION ARE MADE BY OR UPON THE RECOMMENDATION OF THE HOUSE DELEGATION, SENATE DELEGATION, OR JOINT LEGISLATIVE DELEGATION OF BEAUFORT COUNTY.

(R462, H. 3978 (Word version)) -- Rep. Merrill: AN ACT TO AMEND SECTION 44-93-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGULATION FOR GENERATORS OF LESS THAN FIFTY POUNDS OF INFECTIOUS WASTE, SO AS TO REQUIRE SHARPS TO BE MANAGED PURSUANT TO THE REQUIREMENTS OF CHAPTER 93 AND REGULATIONS PROMULGATED UNDER THAT CHAPTER; AND TO AMEND SECTION 44-66-20, RELATING TO THE DEFINITION OF "UNABLE TO CONSENT" IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO PROVIDE THAT A PATIENT BEING ADMITTED TO HOSPICE CARE PURSUANT TO A PHYSICIAN CERTIFICATION UNDER MEDICARE MEETS THE CERTIFICATION REQUIREMENTS THAT A PERSON IS UNABLE TO CONSENT.

(R463, H. 4094 (Word version)) -- Reps. J.E. Smith and Lourie: AN ACT TO AMEND SECTIONS 20-7-490, 20-7-510, 20-7-650, 20-7-670, 20-7-690, AND 20-7-9710, ALL AS AMENDED, AND SECTION 20-7-2275, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS PROVISIONS IN THE CHILDREN'S CODE CONCERNING CHILD DAYCARE AND TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20 RELATING TO THE LICENSURE AND REGULATION OF CHILD DAYCARE FACILITIES, ALL SO AS TO CHANGE THE TERMS "CHILD DAY CARE" OR "DAYCARE" TO "CHILDCARE".

(R464, H. 4154 (Word version)) -- Rep. Campsen: AN ACT TO ENACT THE "SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT"; TO AMEND SECTION 15-51-42, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO PROVIDE WHEN THE ADMINISTRATION OF AN ESTATE IS FINAL EXCEPT FOR A PENDING SURVIVAL ACTION, THE COURT MAY ISSUE A SPECIAL ORDER PROVIDING THAT NO ACCOUNTINGS ARE REQUIRED UNTIL THE SURVIVAL ACTION IS SETTLED OR VERDICT RENDERED IN A TRIAL; TO AMEND SECTIONS 20-7-150, AS AMENDED, AND 20-7-180, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CHANGE THE REQUIRED AGE OF DISTRIBUTION TO TWENTY-ONE YEARS BUT TO PERMIT DISTRIBUTION AT AGE EIGHTEEN; TO AMEND SECTION 20-7-190, RELATING TO THE CUSTODIAN'S EXPENSES, BONDS, AND LIABILITY, SO AS TO PROVIDE THAT A CUSTODIAN MAY RECEIVE REASONABLE COMPENSATION FROM THE CUSTODIAL PROPERTY FOR HIS SERVICES BASED UPON A PROVISION OF LAW APPLICABLE TO GUARDIANS AND CONSERVATORS; TO AMEND SECTION 20-7-210, RELATING TO DESIGNATION OF A SUCCESSOR CUSTODIAN, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO PROVIDE IF ALL THE JOINT TENANTS JOIN IN AN ENCUMBRANCE, THE INTEREST IN THE REAL ESTATE IS ENCUMBERED; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; BY ADDING SECTION 62-7-113 SO AS TO PROVIDE AN ANTI-LAPSE PROVISION FOR REVOCABLE INTER VIVOS TRUSTS; AND BY ADDING SECTION 62-7-114 SO AS TO PROVIDE FOR REVOCATION OF A REVOCABLE INTER VIVOS TRUST BY DIVORCE, ANNULMENT, AND ORDER TERMINATING MARITAL PROPERTY RIGHTS.

(R465, H. 4257 (Word version)) -- Rep. Quinn: AN ACT TO AUTHORIZE THE LEE COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

(R466, H. 4337 (Word version)) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: AN ACT TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

(R467, H. 4383 (Word version)) -- Reps. Limehouse, Altman, Campsen, Chellis, Harvin, J.R. Smith, Snow, Whatley, Taylor, Rodgers and Barfield: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF ARTIFICIAL REEF SPECIAL LICENSE PLATES AND TO PROVIDE THAT THE PROCEEDS OBTAINED FROM THE ISSUANCE OF THE LICENSE PLATES WOULD BE USED BY THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND MAINTAIN ARTIFICIAL REEFS ALONG THE STATE'S COASTLINE; AND TO AMEND SECTION 56-3-8100, AS AMENDED, RELATING TO PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF CERTAIN SPECIAL LICENSE PLATES MUST BE USED TO DEFRAY THE EXPENSES OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATES.

(R468, H. 4402 (Word version)) -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker and Leach: AN ACT TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES, BY WRITTEN RESOLUTION, BY A TWO-THIRDS VOTE BASED ON WEIGHTED VOTING PERCENTAGES OF THE DELEGATION.

(R469, H. 4426 (Word version)) -- Reps. Merrill and Law: AN ACT TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED BY THE MUNICIPAL COUNCIL OF A MUNICIPALITY IN WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED ONLY IN PART OF THE MUNICIPALITY PURSUANT TO A COUNTY REFERENDUM, TO PROVIDE THAT THE REFERENDUM IS FOR THE PURPOSE OF ALLOWING SUCH PERMITS WHERE PROHIBITED BEFORE, AND PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL; AND TO AMEND SECTION 61-6-1540, RELATING TO LIMITATIONS AND THE EXEMPTIONS THEREFROM ON SALES OF NONALCOHOLIC MERCHANDISE IN A RETAIL LIQUOR STORE, SO AS TO EXEMPT SOUTH CAROLINA STATE LOTTERY TICKETS FROM THE LIMITATION.

(R470, H. 4431 (Word version)) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: AN ACT TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED AND THE COUNTY WHERE THE PETITIONER IS SHELTERED, TO SPECIFY WHERE AN ACTION MUST BE FILED IF THE RESPONDENT IS A NONRESIDENT, TO PROVIDE PROCEDURES FOR TRANSFERRING AN ACTION TO THE PROPER COUNTY, AND TO AUTHORIZE THE PETITION ON THE HEARING TO BE HELD IN ANY COUNTY IN THE CIRCUIT IN WHICH THE ACTION WAS FILED; TO AMEND SECTION 20-4-50, RELATING TO THE HEARING ON A PETITION FOR AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO DELETE THE PROVISION ALLOWING THESE HEARINGS TO BE SCHEDULED IN ANY COUNTY IN THE JUDICIAL CIRCUIT; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; BY ADDING SECTION 14-1-203 SO AS TO PROVIDE A SCHEDULE FOR THE DISTRIBUTION OF THE REVENUE DERIVED FROM THE FEES, COSTS, AND ALLOWANCES ENUMERATED IN SECTION 20-7-1440; TO AMEND SECTION 14-1-204, RELATING TO THE DISTRIBUTION OF THE FILING FEE PAID FOR FILING COMPLAINTS OR PETITIONS IN CIVIL ACTIONS IN A COURT OF RECORD, SO AS TO INCREASE THE FEE FROM SEVENTY TO ONE HUNDRED DOLLARS AND TO RECALCULATE THE DISTRIBUTION OF THE REVENUE DERIVED FROM THE FEE; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO THE FEES, COSTS, AND ALLOWANCES CHARGED IN CERTAIN ACTIONS FOR SUPPORT OF A SPOUSE OR DEPENDENT CHILDREN, SO AS TO INCREASE THE AMOUNT OF THE COST OR FEE FROM THREE TO FIVE PERCENT AND TO PROVIDE THAT THE REVENUE MUST BE REMITTED IN ACCORDANCE WITH SECTION 14-1-203; TO AMEND SECTION 36-9-525, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TILE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED; TO AMEND SECTION 38-53-70, RELATING TO THE REMISSION OF A JUDGMENT OF FORFEITURE AGAINST A DEFENDANT OR HIS SURETY, SO AS TO PROVIDE THAT THE SURETY MUST PAY A HANDLING FEE TO THE COURT IN AN AMOUNT EQUAL TO FOUR PERCENT OF THE VALUE OF THE BOND; BY ADDING SECTION 8-21-320 SO AS TO ASSESS A TWENTY-FIVE-DOLLAR FEE FOR EVERY MOTION MADE IN THE COURT OF COMMON PLEAS AND FAMILY COURT, NOT INCLUDING FAMILY COURT JUVENILE DELINQUENCY PROCEEDINGS; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE ARREST PROCEDURES AND THE INADMISSIBILITY OF EVIDENCE RESULTING FROM A WARRANTLESS ARREST FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO SPECIFY THE CIRCUMSTANCES UNDER WHICH SUCH EVIDENCE IS ADMISSIBLE.

(R471, H. 4481 (Word version)) -- Reps. Keegan, Neilson and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO REQUIRE THAT CERTAIN ASSISTANCE AND REFUNDS BE GIVEN TO A PERSON WHO IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES.

(R472, H. 4607 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ASSESS A PERSON ISSUED THIS SPECIAL LICENSE PLATE AN ADDITIONAL SPECIAL FEE WHICH MUST BE DISTRIBUTED TO THE ROTARY DISTRICT IN WHICH THE PURCHASER'S HOME CLUB IS LOCATED IN THIS STATE, AND TO PROVIDE THAT OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE, SUFFICIENT FUNDS MUST BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8100, RELATING TO PRODUCTION AND DISTRIBUTION GUIDELINES FOR CERTAIN SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FROM THE ISSUANCE OF CERTAIN SPECIAL LICENSE PLATES, SUFFICIENT FUNDS MUST BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE COSTS OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE A COURT-ORDERED DRUG PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES MAY USE A ROUTE RESTRICTED DRIVER'S LICENSE TO ATTEND A COURT-ORDERED DRUG PROGRAM; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION APPLY TO A PERSON ENROLLED IN A COURT-ORDERED DRUG PROGRAM; TO AMEND SECTIONS 56-1-745 AND 56-1-746, BOTH AS AMENDED, RELATING TO DRIVER'S LICENSE SUSPENSIONS DUE TO A CONTROLLED SUBSTANCE VIOLATION AND CERTAIN OTHER VIOLATIONS, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A COURT-ORDERED DRUG PROGRAM MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 38 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE AMERICAN LEGION SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE.

(R473, H. 4683 (Word version)) -- Reps. Campsen and Barfield: AN ACT TO ENACT THE "SOUTH CAROLINA STUDENT-LED MESSAGE ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE, TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED AND PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO CERTAIN POLICIES OF THE SCHOOL DISTRICT; AND BY ADDING SECTION 59-1-442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.

(R474, H. 4771 (Word version)) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: AN ACT TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITIONS OF "EMERITUS ARCHITECT" AND "RETIRED FROM ACTIVE PRACTICE"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE AND TO PROVIDE CONTINUING EDUCATION REQUIREMENTS FOR EMERITUS ARCHITECTS WHO WISH TO RETURN TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, TO PROVIDE FOR THE PURPOSES OF THE FUND AND PROVIDE FOR CERTAIN REPORTS TO THE CHAIRMAN OF THE HOUSE AND SENATE LABOR, COMMERCE AND INDUSTRY COMMITTEES ON HOW FUNDS WERE EXPENDED THE PRECEDING FISCAL YEAR.

(R475, H. 4835 (Word version)) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: AN ACT TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.

(R476, H. 5021 (Word version)) -- Rep. Ott: AN ACT TO PROVIDE THAT THE INTERCHANGES OF INTERSTATE HIGHWAY 95 WITH HIGHWAY 301 AND HIGHWAY 6 IN ORANGEBURG COUNTY AND HIGHWAY 278 AND HIGHWAY 17 IN JASPER COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAYMENT.

(R477, H. 5202 (Word version)) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE-COUNTY REGIONAL WATER AND SEWER AUTHORITY.

(R478, H. 5256 (Word version)) -- Reps. Gilham, Lloyd and Rivers: AN ACT TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED, AND TO FURTHER PROVIDE FOR THE TERMS AND DATES OF ELECTION OF CERTAIN BOARD MEMBERS.

(R479, H. 5259 (Word version)) -- Reps. Meacham-Richardson, Kirsh, Loftis, A. Young, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon and J. Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO AUTHORIZE A HOMEOWNER OR TENANT TO DISPLAY AN AMERICAN FLAG ON THE PREMISES REGARDLESS OF ANY PROVISION IN A DEED, CONTRACT, LEASE, RENTAL AGREEMENT, OR HOMEOWNER'S ASSOCIATION DOCUMENT AND TO PROHIBIT A DEED, CONTRACT, LEASE, RENTAL AGREEMENT, OR HOMEOWNER'S ASSOCIATION DOCUMENT FROM PRECLUDING A TENANT OR HOMEOWNER FROM DISPLAYING THE FLAG.

(R480, H. 5269 (Word version)) -- Rep. Jennings: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.

(R481, H. 5321 (Word version)) -- Reps. McLeod and Wilder: AN ACT TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE BOUNDARIES OF CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE DELINEATION OF CERTAIN PRECINCTS IS DESCRIBED.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4051 (Word version) -- Reps. Sharpe, Rhoad, McLeod, Koon, Bales, Battle, Frye, Gourdine, Riser, Snow, Townsend and Webb: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE FOREST PRODUCTS INDUSTRY IN SOUTH CAROLINA FOR ITS COMMITMENT TO RESPONSIBLE USE OF NATURAL RESOURCES AND FOR THE CREATION AND IMPLEMENTATION OF THE SUSTAINABLE FORESTRY INITIATIVE AS A MEANS TO THE RESPONSIBLE USE OF THE NATURAL RESOURCES OF THIS STATE.

H. 5381 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE TRAFFIC PATTERNS OF TANKER TRUCKS THAT LEAVE THE OIL RESERVES LOCATED ALONG SOUTH CAROLINA HIGHWAY 295 IN SPARTANBURG COUNTY AND TRAVEL TO INTERSTATE HIGHWAYS 26 AND 85 TO DETERMINE THE MOST FEASIBLE AND SAFEST ROUTE FOR THESE TRUCKS TO TRAVEL AND TO REPORT ITS FINDINGS AND CONCLUSIONS TO THE GENERAL ASSEMBLY BY JANUARY 8, 2003.

H. 5406 (Word version) -- Reps. Moody-Lawrence, Delleney, Kirsh, McCraw, Meacham-Richardson and Simrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF STATE HIGHWAY 901 AND INTERSTATE 77 AT EXIT 73 IN YORK COUNTY IN HONOR OF SAMUEL R. FOSTER, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND THE EMPLOYMENT SECURITY COMMISSION.

H. 5409 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO COMMEND DR. TOM ABBOTT FOR HIS OUTSTANDING PERFORMANCE AS PRINCIPAL OF COWPENS ELEMENTARY SCHOOL AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT.

H. 5411 (Word version) -- Reps. Owens, Campsen, Wilder, Huggins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE FURMAN UNIVERSITY, ONE OF THIS NATION'S MOST OUTSTANDING UNIVERSITIES, ON THE OCCASION OF ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY THIS YEAR.

H. 5413 (Word version) -- Reps. G. M. Smith, Weeks, J. Young, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF DR. WILSON GREENE OF SUMTER COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 5421 (Word version) -- Reps. Hosey, Rhoad, Clyburn, McGee, Rivers, Weeks, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND MRS. BILLIE JEAN SPRAWLS FOR A LIFETIME OF OUTSTANDING, UNPARALLELED PUBLIC SERVICE IMPACTING AND ENRICHING THE LIVES OF COUNTLESS NUMBERS OF HER FELLOW SOUTH CAROLINIANS AND TO EXPRESS THE DEEP APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HER MANY YEARS OF EXTRAORDINARY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

COMMITTEE TO NOTIFY THE SENATE

The SPEAKER appointed Reps. CARNELL, KELLEY and RODGERS of a committee to notify the Senate that the House had completed their work and was ready to adjourn Sine Die.

COMMITTEE TO NOTIFY THE GOVERNOR

The SPEAKER appointed Reps. LAW, WILDER and STUART of a committee to notify the Governor that the House had completed their work and was ready to adjourn Sine Die.

ADJOURNMENT

At 6:00 p.m. the House, in accordance with the motion of Rep. A. YOUNG, adjourned Sine Die in memory of Wallace H. Knapp of Summerville.

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