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


Printed Page 2491 . . . . . Wednesday, April 23, 2003

Wednesday, April 23, 2003
(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 today is from Lamentations 3:37: "Who can speak and have it happen if the Lord has not decreed it?"
Let us pray. O Lord God, speak to us the ways and means to instill in these leaders the desire to do what is right and pleasing in Your sight. Give wisdom to our leadership to provide the very best to Your people whom we serve. Bless and keep our President and others in authority. Protect our troops, wherever they may be. Hear our prayer. 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. F. N. SMITH moved that when the House adjourns, it adjourn in memory of Deputy Antonio Sapinoso of Greenville, who was killed in the line of duty, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for former Senator Isadore Lourie who is gravely ill in the hospital and for the family of Representative Joel Lourie.

INVITATION

On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:

April 21, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee


Printed Page 2492 . . . . . Wednesday, April 23, 2003

503-A Blatt Building
Columbia, South Carolina 29211

Dear Chairman Leach:
On behalf of electric, telephone, and natural gas utilities, the Members of the House of Representatives are invited to a Spring Fling. This event will be held at Cock's Corner on George Rogers Boulevard on Tuesday, May 20, 2003, from 6:00 p.m until 10:00 p.m.
Sincerely,
John McArthur
Progress Energy

R. 55, H. 3670--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

April 22, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3670 (Word version), R. 55, a Joint Resolution:
TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

This veto is based upon my belief that H. 3670, R. 55 is unconstitutional.

Though well-intentioned as it might be, H. 3670, R. 55 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school


Printed Page 2493 . . . . . Wednesday, April 23, 2003

days may be exempted from the make-up requirement, and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like H. 3670, R. 55 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of H. 3670, R. 55 renders this Act unconstitutional. For this reason, I am returning H. 3670, R. 55 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

R. 56, H. 3794--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

April 22, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3794 (Word version), R. 56, a Joint Resolution:
TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

This veto is based upon my belief that H. 3794, R. 56 is unconstitutional.

Though well-intentioned as it might be, H. 3794, R. 56 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state


Printed Page 2494 . . . . . Wednesday, April 23, 2003

constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement, and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like H. 3794, R. 56 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of H. 3794, R. 56 renders this Act unconstitutional. For this reason, I am returning H. 3794, R. 56 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

R. 43, H. 3041--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

April 22, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3041 (Word version), R. 43, an Act:
TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE OR AT LEAST FORTY PERCENT VISIBLE INTERNATIONAL ORANGE, AND TO PROVIDE EXCEPTIONS.
Though well-intentioned as it might be, I am vetoing H. 3041, R. 43 because I consider it to be an unacceptable governmental intrusion upon liberty. The requirements of the Act may very well be an


Printed Page 2495 . . . . . Wednesday, April 23, 2003

appropriate condition for the privilege of hunting on public lands, but I consider it unacceptable to impose this requirement upon individuals on private property. For these reasons, I am returning H. 3041, R. 43 to you without my signature.

Sincerely,
Mark Sanford
Governor
Received as information.

REPORTS OF STANDING COMMITTEE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3475 (Word version) -- Reps. F. N. Smith and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO REQUIRE ALL COUNTIES TO RECOGNIZE MARTIN LUTHER KING, JR. DAY AS A COUNTY HOLIDAY.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS


Printed Page 2496 . . . . . Wednesday, April 23, 2003

IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson and Clark: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND


Printed Page 2497 . . . . . Wednesday, April 23, 2003

TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J. E. Smith, J. H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Perry, E. H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Rivers, Scarborough, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Ordered for consideration tomorrow.


Printed Page 2498 . . . . . Wednesday, April 23, 2003

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3769 (Word version) -- Reps. Stewart, Clark, Clyburn, Harrison, Perry, D. C. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-493 SO AS TO PROVIDE THAT A PERSON EMPLOYED AS A LAW ENFORCEMENT OFFICER WITH THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT MAY ATTEND AND BE TRAINED AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committee:

H. 4030 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 23-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A POLICE JURISDICTION'S AUTHORITY TO ENFORCE THE LAW ON CERTAIN REAL PROPERTY USED AS A PARKING LOT, SO AS TO PROVIDE THAT A POLICE JURISDICTION MAY ISSUE CITATIONS FOR MOTOR VEHICLES THAT ARE ILLEGALLY PARKED IN SPACES RESERVED FOR HANDICAPPED INDIVIDUALS IN PARKING LOTS THAT ARE NOT POSTED WITH SIGNS THAT INFORM THE PUBLIC THAT THE PARKING LOT IS SUBJECT TO POLICE JURISDICTION.
Referred to Committee on Judiciary

H. 4031 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN THE INDIVIDUAL'S PAY;


Printed Page 2499 . . . . . Wednesday, April 23, 2003

TO PROVIDE THAT NEITHER A CHILD SUPPORT NOR SPOUSAL SUPPORT ARREARAGE MAY ACCRUE AGAINST SUCH AN INDIVIDUAL DURING ACTIVE DUTY SERVICE; AND TO REQUIRE THE INDIVIDUAL TO NOTIFY THE FAMILY COURT WHEN THE INDIVIDUAL IS DISCHARGED FROM ACTIVE DUTY.
Referred to Committee on Judiciary

H. 4032 (Word version) -- Rep. Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 62-3-108, RELATING TO THE ULTIMATE TIME LIMITATION ON THE COMMENCEMENT OF ANY PROBATE, TESTACY, AND APPOINTMENT PROCEEDINGS.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

On motion of Rep. WITHERSPOON, with unanimous consent, the following was taken up for immediate consideration:

H. 4033 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO DESIGNATE AUGUST 9, 2003, AS THE FIRST ANNUAL NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND MAKE CITIZENS, POLICYMAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS TO THEIR WELL-BEING, AND TO REQUEST THAT OUR STATE JOIN HANDS WITH OTHER STATES AND THOUSANDS OF WATERFRONT COMMUNITIES ACROSS THE UNITED STATES IN CELEBRATING THIS DAY.

Whereas, the citizens of South Carolina place a high value on recreation time and the ability to access one of America's greatest natural resources, its waterways; and

Whereas, in 1928, the word "marina" was used for the very first time by the National Association of Engine and Boat Manufacturers to define a recreational boating facility; and

Whereas, South Carolina is home to hundreds of recreational boating facilities that contribute substantially to their communities by providing


Printed Page 2500 . . . . . Wednesday, April 23, 2003

a safe, reliable gateway to boating for members of the community and welcomed guests; and

Whereas, South Carolina's marinas also serve as stewards of the environment, actively seeking to protect the surrounding waterways not only for the enjoyment of this generation, but for generations to come; and

Whereas, South Carolina's marinas also provide their communities and visitors to the State of South Carolina a place where friends and families, united by a passion for the water, can come together for recreation, rest, and relaxation; and

Whereas, South Carolina's marinas will continue to provide an environmentally friendly gateway to boating for the citizens of and the visitors to the State of South Carolina; and

Whereas, to shed a deserving light on the marinas' prominent role in South Carolina, August 9, 2003, should mark the first annual National Marina Day. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, designate August 9, 2003, as the first annual National Marina Day in order to honor South Carolina's marinas for their contributions to the community and make citizens, policymakers, and employees more aware of the overall contributions to their well-being and request that our State join hands with other states and thousands of waterfront communities across the United States in celebrating this day.

Be it further resolved that a copy of this resolution be forwarded to Representative Witherspoon for presentation to the appropriate authority.

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


Printed Page 2501 . . . . . Wednesday, April 23, 2003

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 631 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE MORA ROGERS OF LEXINGTON UPON HER RETIREMENT AFTER FORTY YEARS OF CONTRIBUTIONS TO THE EDUCATION OF THE YOUNG CHILDREN OF LEXINGTON COUNTY, TO COMMEND HER FOR HER HARD WORK AND DEDICATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.

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. 632 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO CONGRATULATE BARBARA DAWSON DILLIGARD OF CHARLESTON UPON HER RETIREMENT AS DEPUTY SUPERINTENDENT FOR THE CHARLESTON COUNTY SCHOOL DISTRICT, TO COMMEND HER FOR HER MANY YEARS OF DEDICATED SERVICE TO EDUCATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.

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

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Delleney               Duncan

Printed Page 2502 . . . . . Wednesday, April 23, 2003

Edge                   Emory                  Freeman
Frye                   Gourdine               Govan
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 23.

Karl Allen                        Brenda Lee
David Mack                        Douglas Jennings
Ralph Davenport                   Alex Harvin
Harry Ott                         Doug Smith
Grady Brown                       Bill Cotty

Total Present--118


Printed Page 2503 . . . . . Wednesday, April 23, 2003

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILHAM a leave of absence for the day due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RUTHERFORD a leave of absence for today and tomorrow due to a meeting out of state.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LOURIE a leave of absence due to illness in the family.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 22.

DOCTOR OF THE DAY

Announcement was made that Dr. Richard Kline of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."


Printed Page 2504 . . . . . Wednesday, April 23, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
04/23/03   SCOTT

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
04/23/03   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3482 (Word version)
Date:   ADD:
04/23/03   M. A. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3482 (Word version)
Date:   ADD:
04/23/03   UMPHLETT

CO-SPONSOR ADDED

Bill Number:   H. 3482 (Word version)
Date:   ADD:
04/23/03   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3482 (Word version)
Date:   ADD:
04/23/03   E. H. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3482 (Word version)
Date:   ADD:
04/23/03   SIMRILL

CO-SPONSOR ADDED

Bill Number:   H. 3482 (Word version)
Date:   ADD:
04/23/03   HUGGINS


Printed Page 2505 . . . . . Wednesday, April 23, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3482 (Word version)
Date:   ADD:
04/23/03   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3900 (Word version)
Date:   ADD:
04/23/03   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 3900 (Word version)
Date:   ADD:
04/23/03   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 3900 (Word version)
Date:   ADD:
04/23/03   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3369 (Word version)
Date:   ADD:
04/23/03   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3369 (Word version)
Date:   ADD:
04/23/03   BALES

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   SCARBOROUGH

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   ALTMAN


Printed Page 2506 . . . . . Wednesday, April 23, 2003

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   HAGOOD

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   MERRILL

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   BREELAND

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   MILLER


Printed Page 2507 . . . . . Wednesday, April 23, 2003

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/23/03   MACK

CO-SPONSOR ADDED

Bill Number:   H. 3220 (Word version)
Date:   ADD:
04/23/03   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3899 (Word version)
Date:   ADD:
04/23/03   WHIPPER

CO-SPONSOR REMOVED

Bill Number:   H. 3525 (Word version)
Date:   REMOVE:
04/23/03   TROTTER

CO-SPONSOR REMOVED

Bill Number:   H. 3203 (Word version)
Date:   REMOVE:
04/23/03   BAILEY

CO-SPONSOR REMOVED

Bill Number:   H. 3109 (Word version)
Date:   REMOVE:
04/23/03   BAILEY

CO-SPONSOR REMOVED

Bill Number:   H. 3586 (Word version)
Date:   REMOVE:
04/23/03   SCOTT

CO-SPONSOR REMOVED

Bill Number:   H. 3220 (Word version)
Date:   REMOVE:
04/23/03   BAILEY


Printed Page 2508 . . . . . Wednesday, April 23, 2003

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

H. 4015 (Word version) -- Rep. M. A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS IN WARE SHOALS SCHOOL DISTRICT 51 IN GREENWOOD COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

SENT TO THE SENATE

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

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.

H. 3133 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL AND NONMARITAL PROPERTY FOR PURPOSES OF JUDICIAL APPORTIONMENT DURING MARITAL LITIGATION, SO AS TO INCLUDE AS NONMARITAL PROPERTY ANY PROPERTY THAT IS NEITHER ACQUIRED WITH MARITAL FUNDS NOR TITLED IN THE NAME OF ONE OR THE OTHER SPOUSE, OR BOTH OF THEM, AND TO PROVIDE THAT THE PROPERTY MAY NOT BE APPORTIONED PERMANENTLY OR TEMPORARILY NOR TRANSMUTED INTO MARITAL PROPERTY FOR ANY PURPOSE.


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H. 3591 (Word version) -- Reps. Davenport and Bailey: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" UNDER CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.

H. 3429--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 2510 . . . . . Wednesday, April 23, 2003

RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.

Rep. SANDIFER explained the Bill.

Reps. RICE, OWENS, G. M. SMITH, BAILEY, E. H. PITTS, MAHAFFEY, LOFTIS, MOODY-LAWRENCE, WITHERSPOON, WEEKS and CLYBURN requested debate on the Bill.

H. 3572--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3572 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 61-4-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS FOR SELLING BEER AND WINE, SO AS TO PROHIBIT THE ISSUANCE OF A PERMIT IF THE APPLICANT CONDUCTS GAMES USING FIREARMS AT WHICH PRIZES ARE AWARDED ON THE PROPERTY ON WHICH THE PLACE OF BUSINESS IS LOCATED AND IS TO BE LICENSED FOR ON-PREMISES CONSUMPTION OF BEER OR WINE.

Reps. KENNEDY, WALKER, WITHERSPOON, HERBKERSMAN, MCLEOD, EMORY, UMPHLETT, BAILEY, CEIPS, SNOW, CLARK, COBB-HUNTER, FRYE, WEEKS, HOSEY, VIERS, KEEGAN and COATES requested debate on the Bill.

SPEAKER PRO TEMPORE IN CHAIR

H. 3586--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, E. H. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D. C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G. M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J. R. Smith, Rhoad, Anthony, Freeman, Scarborough, J. E. Smith, Loftis, Coates, Rivers,


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Ott, J. H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22048HTC03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Article 5
The South Carolina Retirees and Individuals
Pooling Together for Savings Act

Section 44-6-610.   This article may be cited as the 'South Carolina Retirees and Individuals Pooling for Savings Act'.

Section 44-6-620.   For purposes of this article:

(1)   'Department' means the Department of Health and Human Services.

(2)   'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United State Food and Drug Administration including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.

(3)   'Program' means the South Carolina Retirees and Individuals Polling Together for Savings (SCRIPTS) program created pursuant to this article.

Section 44-6-630.   There is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future.


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Section 44-6-640.   (A)   This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.

(B)   By December 30, 2003, the department must submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include:

(1)   procedures for program enrollment;

(2)   requirements for program participation; and

(3)   annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program.

(C)   Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable.

(D)   When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.

Section 44-6-650.   A person eligible to participate in this program must:

(1)   have attained the age of sixty-five years;

(2)   have resided in South Carolina at least six consecutive months before enrolling in the program; and

(3)   not be eligible for Medicaid prescription benefits.

Section 44-6-660.   (A)   The department shall maintain data to allow evaluation of the cost effectiveness of the program.

(B)   Beginning with the 2005 regular session of the General Assembly, no later than thirty days before the convening of each regular session, the department shall submit an annual report to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee summarizing enrollment, financial information, and any other information needed to evaluate the costs and benefits of the program.

Section 44-6-670.   (A)   The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program

(B)   The department may promulgate regulations necessary for the administration of this program.

Section 44-6-680.   The program must be funded entirely from annual enrollment fees collected from program participants."
SECTION   2.   This act takes effect upon approval by the Governor. /


Printed Page 2513 . . . . . Wednesday, April 23, 2003

Renumber sections to conform.
Amend title to conform.

Rep. MCGEE explained the amendment.

Reps. SCOTT, G. BROWN, LLOYD, BALES, CLYBURN, MCGEE, COOPER, CLEMMONS and RICE requested debate on the Bill.

S. 203--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22047HTC03), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 18, by striking / , Historically Black / so that when amended, the title reads:
/ TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE


Printed Page 2514 . . . . . Wednesday, April 23, 2003

EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS. /
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.

H. 3531--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22067HTC03), which was adopted:
Amend the bill, as and if amended, by striking Section 24-1-290 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 24-1-290.   The Director of the Department of Corrections may enter into contracts with private sector entities that allow for inmate labor to be provided for prison industry service work and export work that involves exportation of products. The use of this inmate labor may not result in the displacement of employed workers within the local region in which the work is being performed. Service work is defined as any work such as repair or replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original manufacturing. Export work is defined as any work which results in a product that is exported for sale outside the United States which is not involved in interstate commerce. The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts, and these wages


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may be less than the prevailing wage for work of a similar nature in the private sector. However, the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other required deductions:

(1)   if restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation;

(2)   if restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund;

(3)   ten percent must be retained by the Department of Corrections to defray the cost of the inmate's room and board. /
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.

H. 3369--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3369 (Word version) -- Reps. Sandifer, Harrell, Witherspoon, Cotty, Young, Neilson and Bales: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.

Reps. KENNEDY and ANTHONY proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5392CM03):
Amend the bill, as and if amended, Section 8-11-83, in SECTION 1, page 1, line 42 after /Association / by striking / and / and inserting / , /


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Amend the bill further, Section 8-11-83, in SECTION 1, page 2, by adding after /Association / on line 1 / , and all employees of the State's school districts regardless of the associations that they maintain membership with /
Amend the bill further, Section 8-11-83, in SECTION 1, page 2, by deleting lines 7 and 8 and inserting:
/Officers' Association, the South Carolina Wildlife Law Enforcement Officers' Association, and associations employees of the State's school districts may maintain membership with.
Renumber sections to conform.
Amend title to conform.

Rep. KENNEDY explained the amendment.

SPEAKER IN CHAIR

Rep. KENNEDY continued speaking.
Rep. ANTHONY spoke in favor of the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. ANTHONY having the floor.

S. 208--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE


Printed Page 2517 . . . . . Wednesday, April 23, 2003

TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.


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Rep. CATO explained the Senate Amendments.

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

RECURRENCE TO THE MORNING HOUR

Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3919 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-100 SO AS TO PROVIDE THAT A TAX CREDIT ADMINISTERED BY THE DEPARTMENT OF REVENUE IS USEABLE IN THE YEAR IT IS GENERATED AND IS NONREFUNDABLE; TO AMEND SECTION 12-2-20, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO ADOPTION OF THE INTERNAL REVENUE CODE, SO AS TO ADOPT IT TO STATE LAW AS AMENDED THROUGH 2002; TO AMEND SECTION 12-6-540, RELATING TO THE STATE INCOME TAX RATES APPLICABLE TO EXEMPT ORGANIZATIONS AND COOPERATIVES, SO AS TO PROVIDE A SPECIFIC REFERENCE TO THE TAX RATE APPLICABLE TO HOMEOWNERS' ASSOCIATIONS; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE


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CALCULATION OF AMOUNTS SUBJECT TO WITHHOLDING TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ALLOWING THE EXCLUSION FROM TAXABLE INCOME OF A PORTION OF THE GAIN ON THE SALE OF A PRINCIPAL RESIDENCE AND TO ALLOW THE DEPARTMENT OF REVENUE TO REVOKE EXEMPTIONS FROM WITHHOLDING ALLOWED FOR CERTAIN TRANSACTIONS IF THE DEPARTMENT DETERMINES THE NONRESIDENT IS NOT COOPERATING IN THE DETERMINATION OF THE TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY; TO AMEND SECTION 12-13-50, RELATING TO EXCEPTIONS FROM THE BUILDING AND LOAN ASSOCIATION INCOME TAX, SO AS TO PROVIDE THAT PAYMENT OF THE INCOME TAX PROVIDED IN CHAPTER 13, TITLE 12 SHALL NOT BE IN LIEU OF DEED RECORDING FEES; TO AMEND SECTIONS 12-13-70, 12-20-150, 12-28-940, 12-43-210, AND 12-43-230, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF REVENUE, THE COMPUTATION OF MOTOR FUEL TAXES, THE ESTABLISHMENT OF UNIFORM AND EQUITABLE TAX ASSESSMENTS, AND THE PROMULGATION OF DEFINITIONAL REGULATIONS TO FACILITATE THE ESTABLISHMENT OF UNIFORM TAX ASSESSMENTS, SO AS TO CHANGE THE DEPARTMENT'S DUTY TO PROMULGATE REGULATIONS FROM MANDATORY TO PERMISSIVE, TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ISSUE ADVISORY OPINIONS, AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-54-110, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A TAXPAYER OR OTHERS, SO AS TO INCLUDE TAX MATTERS AND OTHER MATTERS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR COUNTY DESIGNATIONS TO BE EFFECTIVE FOR THE TAXABLE YEARS BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-6-3415, RELATING TO INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENSES, SO AS TO MAKE IT APPLICABLE ONLY FOR RESEARCH EXPENSES; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDIT, SO AS TO EXEMPT APPLICATION OF THE MAXIMUM AGGREGATE CREDIT FOR EMPLOYEES IN DISTRESSED COUNTIES; TO AMEND

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SECTION 12-6-3310, RELATING TO CREDITS AGAINST INCOME TAX, SO AS TO PROVIDE FOR PASS THROUGH OF A CREDIT TO A SHAREHOLDER, MEMBER, OR PARTNER OF AN "S" CORPORATION, LIMITED LIABILITY COMPANY TAXED LIKE A PARTNERSHIP, AND PARTNERSHIP; TO AMEND SECTION 12-6-3365, RELATING TO CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO REVISE THE DATA USED FOR COMPUTING A COUNTY'S UNEMPLOYMENT RATE AND TO PROVIDE THAT THE DEPARTMENT NAME THE MORATORIUM COUNTIES, EFFECTIVE FOR THE TAXABLE YEAR BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-44-30, AS AMENDED, AND SECTION 4-12-30, AS AMENDED, BOTH RELATING TO THE DEFINITION OF "MINIMUM INVESTMENT" FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAX, BOTH SO AS TO PROVIDE FOR EFFECTIVENESS OF COUNTY DESIGNATIONS IN THE FOLLOWING CALENDAR YEAR, AND TO PROVIDE THAT THE DEPARTMENT DESIGNATE REDUCED INVESTMENT COUNTIES, EFFECTIVE FOR A SPONSOR WHOSE FEE AGREEMENT IS SIGNED IN THE CALENDAR YEAR FOLLOWING THE DESIGNATION; TO REPEAL SECTION 12-10-35, RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES; BY ADDING SECTION 12-6-535 SO AS TO PROVIDE THAT FOR PURPOSES OF INTERNAL REVENUE CODE SECTION 641(c), AN ELECTING SMALL BUSINESS TRUST IS TAXED AT THE HIGHEST RATE PROVIDED IN SECTION 12-6-510; TO AMEND SECTION 12-6-5020, RELATING TO ENTITIES AUTHORIZED TO FILE CONSOLIDATED CORPORATE INCOME TAX RETURNS, SO AS TO PROVIDE THAT A CORPORATION THAT HAS ELECTED TO BE TAXED UNDER SUBCHAPTER S OF THE INTERNAL REVENUE CODE MAY NOT JOIN IN THE FILING OF A CONSOLIDATED INCOME TAX RETURN; TO AMEND SECTION 12-21-1090, RELATING TO REGULATIONS FOR THE PAYMENT AND COLLECTION OF CERTAIN TAXES, SO AS TO ALLOW THE DEPARTMENT TO PROMULGATE REGULATIONS AND ISSUE ADVISORY OPINIONS FOR THE PAYMENT AND COLLECTION OF CERTAIN TAXES; TO AMEND SECTION 12-35-40, RELATING TO MULTISTATE DISCUSSIONS OF SIMPLIFICATION REQUIREMENTS IN CONNECTION WITH

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THE SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT, SO AS TO PROVIDE THAT THE DELEGATION TO THE MULTISTATE DISCUSSION MEETINGS MAY BE REIMBURSED FOR LODGING, AIR FARE, AND OTHER BUSINESS EXPENSES; TO AMEND SECTION 12-36-2510, RELATING TO THE PROCEDURE FOR SEGREGATING SALES AND USE TAX WHEN IT IS IMPRACTICAL, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ISSUE CERTIFICATES ALLOWING A TAXPAYER TO PURCHASE TANGIBLE PERSONAL PROPERTY TAX FREE, TO PROVIDE THAT THE TAXPAYER BE LIABLE FOR ANY TAXES, AND TO PROVIDE A PROCEDURE FOR THE EFFICIENT ADMINISTRATION OF THIS PROCEDURE; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE IMPOSITION OF A STATE USE TAX ON CERTAIN TANGIBLE PERSONAL PROPERTY AND PROVIDING A CREDIT FOR TAXES PAID IN ANOTHER STATE, SO AS TO REQUIRE PROOF THAT THE SALES OR USE TAX WAS DUE AND PAID IN THE OTHER STATE AND TO DELETE A RECIPROCITY REQUIREMENT; TO AMEND SECTION 12-53-40, RELATING TO COSTS AND EXPENSES OF TAX SALES AND COLLECTIONS, SO AS TO INCLUDE THE COST OF FILING, ENROLLING, AND SATISFACTION OF A STATE TAX LIEN; BY ADDING SECTION 12-54-124 SO AS TO PROVIDE THAT IN THE CASE OF THE TRANSFER OF A MAJORITY OF THE ASSETS OF A BUSINESS OTHER THAN CASH, ANY TAX GENERATED BY THE BUSINESS WHICH WAS DUE ON OR BEFORE THE DATE OF THE TRANSFER CONSTITUTES A LIEN AGAINST THE ASSETS IN THE HANDS OF THE TRANSFEREE UNTIL THE TAXES ARE PAID, TO PROVIDE THAT FAIR MARKET VALUE MUST BE USED TO DETERMINE WHETHER A MAJORITY OF THE ASSETS HAVE BEEN TRANSFERRED, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY NOT ISSUE A LICENSE TO CONTINUE THE BUSINESS TO THE TRANSFEREE UNTIL ALL TAXES DUE TO THE STATE HAVE BEEN PAID AND MAY REVOKE A LICENSE ISSUED TO A BUSINESS THAT VIOLATES THIS PROVISION; TO AMEND SECTION 12-54-25, RELATING TO INTEREST THAT MUST BE PAID ON ANY TAX THAT IS NOT PAID WHEN DUE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE DISCLOSURE OF CERTAIN RECORDS OF AND REPORTS AND RETURNS FILED WITH THE

Printed Page 2522 . . . . . Wednesday, April 23, 2003

DEPARTMENT OF REVENUE, SO AS TO INCLUDE AS AN EXCEPTION TO THE PROHIBITION OF DISCLOSURE INFORMATION PURSUANT TO A SUBPOENA ISSUED BY A FEDERAL OR THE STATE GRAND JURY; TO AMEND ARTICLE 1, CHAPTER 60 OF TITLE 12, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH DISPUTES OR CLAIMS WITH THE DEPARTMENT OF REVENUE ARE DETERMINED AND RESOLVED; TO AMEND ARTICLE 5, CHAPTER 60 OF TITLE 12, RELATING TO STATE REVENUE APPEALS PROCEDURES, SO AS TO REVISE THESE APPEAL PROCEDURES; TO AMEND SECTION 12-60-2110, RELATING TO PROPERTY TAX ASSESSMENT PROTESTS, SO AS TO REVISE THE TIME FOR FILING THESE PROTESTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-60-2910, RELATING TO OBJECTIONS TO PERSONAL PROPERTY TAX ASSESSMENTS, SO AS TO REVISE THE TIME WITHIN WHICH A TAXPAYER MUST OBJECT TO THE ASSESSMENT; TO AMEND ARTICLE 13, CHAPTER 60 OF TITLE 12, RELATING TO PROCEDURES AND CONTESTED REVENUE CASES, SO AS TO REVISE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND DEPARTMENT HEARING OFFICERS; TO AMEND SECTION 30-2-30, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO PROVIDE THAT PERSONAL INFORMATION DOES NOT MEAN INFORMATION ABOUT THE NAMES AND ADDRESSES FROM REGISTRATION DOCUMENTS FILED WITH THE DEPARTMENT OF REVENUE AS A BUSINESS ADDRESS WHICH ALSO MAY BE A PERSONAL ADDRESS; AND TO REPEAL SECTION 6-4-30 RELATING TO THE DUTIES OF THE DEPARTMENT OF REVENUE IN CONNECTION WITH THE ACCOMMODATIONS TAX.
Ordered for consideration tomorrow.


Printed Page 2523 . . . . . Wednesday, April 23, 2003

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3962 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4215 AND 12-21-4217 SO AS TO PROVIDE AN APPLICATION PROCEDURE FOR THE MANUFACTURING OR DISTRIBUTION OF BINGO TICKETS AND ELECTRONIC DEVICES; TO AMEND SECTION 12-21-4060, RELATING TO THE PROHIBITION OF ALLOWING A PERSON CONVICTED OF CERTAIN CRIMES FROM MANAGING OR CONDUCTING A BINGO GAME, SO AS


Printed Page 2524 . . . . . Wednesday, April 23, 2003

TO CHANGE THE CRIMES A PERSON MUST HAVE PLED GUILTY OR NOLO CONTENDERE TO A STATE OR FEDERAL CRIMINAL OFFENSE IN ORDER TO DISQUALIFY HIM FROM MANAGING OR CONDUCTING A BINGO GAME; TO AMEND SECTION 12-21-4160, RELATING TO THE INSPECTION OF BOOKS, PAPERS, RECORDS, MEMORANDA, OR OTHER THINGS BEARING UPON THE AMOUNT OF TAXES OR FEES WHICH ARE PAYABLE, SO AS TO PROHIBIT A BINGO CARD OR BINGO TICKET FROM BEING IN THE POSSESSION OF A DISTRIBUTOR, NONPROFIT ORGANIZATION, OR PROMOTER WITHOUT BEING AUTHORIZED BY THE DEPARTMENT AND DOES NOT BEAR THE SOUTH CAROLINA STATE SEAL AND DENOMINATION OF VALUE, AND PROVIDE PENALTIES FOR VIOLATION; AND TO AMEND SECTION 12-21-4260, RELATING TO THE BACKGROUND INVESTIGATION SUBMITTED BY A BINGO MANUFACTURER, DISTRIBUTOR, ORGANIZATION, OR PROMOTER, SO AS TO MAKE THIS SECTION SUBJECT TO THE PROVISIONS OF SECTION 12-21-4060.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 4008 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED RELATING TO


Printed Page 2525 . . . . . Wednesday, April 23, 2003

APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3291 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION AND TO REQUIRE THE


Printed Page 2526 . . . . . Wednesday, April 23, 2003

QUESTION TO BE CERTIFIED AT LEAST FORTY-FIVE DAYS BEFORE THE DATE OF THE GENERAL ELECTION.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Edge, Hagood, Hamilton, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 4006 (Word version) -- Reps. Harrell, Limehouse, Scarborough, Altman, Hagood, Merrill, Breeland, Whipper, R. Brown, Young, Hinson, Miller and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-425 SO AS TO PROVIDE THAT TRIDENT TECHNICAL COLLEGE IS AUTHORIZED TO ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS PROGRAM SHALL BE PROVIDED.
Ordered for consideration tomorrow.

Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report with amendments.
Reps. KIRSH and RICE for the minority, submitted an unfavorable report on:


Printed Page 2527 . . . . . Wednesday, April 23, 2003

H. 3963 (Word version) -- Reps. Clemmons, Wilkins, Harrell, Harrison, Barfield, J. Brown, Cato, Edge, Keegan, Townsend, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-680 SO AS TO ALLOW A COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF IMPROVEMENTS TO REAL PROPERTY WITH THE COUNTY AUDITOR WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES ON THE IMPROVED REAL PROPERTY FOR THE PROPERTY TAX YEAR THE PROPERTY IS LISTED, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE REAL PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT "THE COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3079 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION


Printed Page 2528 . . . . . Wednesday, April 23, 2003

ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE 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, TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2001 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO PROPERTY TAXES ON WATERCRAFT AND MOTORS AND APPLICABLE ONLY FOR LEXINGTON COUNTY WITH SIMILAR PROVISIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 463 (Word version) -- Senators Leatherman and Patterson: A BILL TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT THE PROCEEDS OF ANY SALE OF THE PROPERTY.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 497 (Word version) -- Senators Hayes, Peeler and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO


Printed Page 2529 . . . . . Wednesday, April 23, 2003

AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR-MARKET VALUE OF THE AIRCRAFT.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3705 (Word version) -- Reps. Vaughn, Haskins, Hosey, Bailey, Hayes, Barfield, Cato, Ceips, Davenport, Frye, Herbkersman, J. Hines, Hinson, Koon, Leach, Limehouse, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Rice, Rivers, Simrill, J. R. Smith, W. D. Smith, Snow, Stille, Tripp and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS, AND TO DEFINE CERTAIN TERMS.
Ordered for consideration tomorrow.

Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report.
Rep. COBB-HUNTER for the minority, submitted an unfavorable report on:

H. 3188 (Word version) -- Reps. Davenport, Viers, Littlejohn, Coates, Bingham, Toole, Haskins, Barfield, J. R. Smith, Trotter, Snow, Altman, Koon, G. Brown, Cooper, Pinson, Loftis, Hamilton, Leach, Owens, Stille, Rice, Tripp, McGee, White, Gilham, Walker and Delleney: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA UNBORN CHILDREN'S MONUMENT COMMISSION TO ERECT A MONUMENT ON THE STATE HOUSE GROUNDS AS A MEMORIAL TO UNBORN CHILDREN WHO HAVE GIVEN THEIR LIVES BECAUSE OF LEGAL ABORTIONS IN SOUTH CAROLINA AND TO PROVIDE FOR THE POWERS AND DUTIES


Printed Page 2530 . . . . . Wednesday, April 23, 2003

OF THE COMMISSION AND TO REQUIRE PRIVATE FUNDING FOR THE ESTABLISHMENT OF THIS MONUMENT.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4034 (Word version) -- Reps. Walker, Davenport, Anthony, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith, Talley, Allen, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF UNITED STATES MARINE CORPS PRIVATE NOLEN RYAN HUTCHINGS, OF BOILING SPRINGS IN SPARTANBURG COUNTY, WHO LOST HIS LIFE IN THE SERVICE OF HIS COUNTRY IN IRAQ ON MARCH 23, 2003.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4035 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE HONORABLE MARION C. SMITH OF FAIRFIELD COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE AS A


Printed Page 2531 . . . . . Wednesday, April 23, 2003

MAGISTRATE AND UPON HIS RETIREMENT WISH HIM GOOD HEALTH AND HAPPINESS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4036 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. THOMAS A. JACKSON, SR., OF FAIRFIELD COUNTY, FOR HIS MANY YEARS OF SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4037 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 24-3-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF CERTAIN PERSONS, SO AS TO PROVIDE THAT AN INMATE CONFINED IN A REGIONAL CORRECTIONAL FACILITY MAY BE SERVED A WARRANT BY A LAW ENFORCEMENT OFFICER OF A COUNTY WHICH PARTICIPATES IN THE FUNDING OF THE FACILITY WITHOUT IT BEING COUNTERSIGNED BY OFFICIALS OF THE COUNTY IF ITS LOCATION IS DIFFERENT.
Referred to Committee on Judiciary

H. 4038 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC


Printed Page 2532 . . . . . Wednesday, April 23, 2003

SAFETY MAY PLACE A MAGNETIC STRIP ON A DRIVER'S LICENSE WHICH CONTAINS THE NAME AND TELEPHONE NUMBER OF A PERSON WHO MAY BE CONTACTED IF THE HOLDER OF THE LICENSE IS INVOLVED IN AN EMERGENCY SITUATION AND ANY OTHER INFORMATION THE DEPARTMENT DETERMINES TO BE APPROPRIATE.
Referred to Committee on Education and Public Works

H. 4039 (Word version) -- Reps. Stewart, Koon, G. M. Smith, Simrill, Whipper, Bailey, Branham, Clark, Coates, Govan, Harrison, Hayes, Hosey, Mahaffey, Martin, McCraw, McGee, Moody-Lawrence, J. H. Neal, Owens, Perry, Pinson, Rivers, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, Snow, Umphlett, Viers, Wilkins and Witherspoon: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES, BY ADDING SECTION 37-2-418 SO AS TO PROHIBIT THE ISSUANCE AND DISTRIBUTION OF A SELLER CREDIT CARD BY A CREDIT CARD ISSUER WITHOUT A SIGNED, WRITTEN REQUEST FOR CARD OWNERSHIP BY THE PROSPECTIVE CREDIT CARD OWNER; AND TO AMEND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTION 37-3-418 SO AS TO PROHIBIT THE ISSUANCE AND DISTRIBUTION OF A LENDER CREDIT CARD BY A CREDIT CARD ISSUER WITHOUT A SIGNED, WRITTEN REQUEST FOR CARD OWNERSHIP BY THE PROSPECTIVE CREDIT CARD OWNER.
Referred to Committee on Labor, Commerce and Industry

H. 3369--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. ANTHONY having the floor:

H. 3369 (Word version) -- Reps. Sandifer, Harrell, Witherspoon, Cotty, Young, Neilson and Bales: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE


Printed Page 2533 . . . . . Wednesday, April 23, 2003

SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.

Reps. KENNEDY and ANTHONY proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5392CM03), which was tabled:
Amend the bill, as and if amended, Section 8-11-83, in SECTION 1, page 1, line 42 after /Association / by striking / and / and inserting / , /
Amend the bill further, Section 8-11-83, in SECTION 1, page 2, by adding after /Association / on line 1 / , and all employees of the State's school districts regardless of the associations that they maintain membership with /
Amend the bill further, Section 8-11-83, in SECTION 1, page 2, by deleting lines 7 and 8 and inserting:
/Officers' Association, the South Carolina Wildlife Law Enforcement Officers' Association, and associations employees of the State's school districts may maintain membership with.
Renumber sections to conform.
Amend title to conform.

Rep. ANTHONY continued speaking.

Rep. TROTTER moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 39

Those who voted in the affirmative are:

Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Davenport
Delleney               Duncan                 Edge
Frye                   Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Loftis
Lucas                  Mahaffey               Martin
McGee                  Merrill                Perry

Printed Page 2534 . . . . . Wednesday, April 23, 2003

Pinson                 E. H. Pitts            Quinn
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Wilkins                Witherspoon            Young

Total--66

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Gourdine               Hayes
J. Hines               M. Hines               Hosey
Howard                 Kennedy                Lee
Lloyd                  Mack                   McCraw
McLeod                 Moody-Lawrence         J. M. Neal
Parks                  Phillips               M. A. Pitts
Rhoad                  Rivers                 Scott
Sheheen                F. N. Smith            J. E. Smith
Snow                   Weeks                  Whipper

Total--39

So, the amendment was tabled.

The question then recurred to the passage of the Bill on second reading.

Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:

Yeas 99; Nays 5


Printed Page 2535 . . . . . Wednesday, April 23, 2003

Those who voted in the affirmative are:
Allen                  Bales                  Barfield
Battle                 Bingham                Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Delleney               Duncan                 Edge
Emory                  Frye                   Gourdine
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Total--99


Printed Page 2536 . . . . . Wednesday, April 23, 2003

Those who voted in the negative are:
Anthony                Freeman                Moody-Lawrence
Neilson                Rice

Total--5

So, the Bill was read the second time and ordered to third reading.

RECORD FOR VOTING

My intention was to vote 'yes' on H. 3369 but voted 'no' by mistake and the voting closed so I didn't have the opportunity to change the vote. I support this legislation.
Rep. Denny Neilson

H. 3741--DEBATE ADJOURNED

Rep. MCLEOD moved to adjourn debate upon the following Bill until Thursday, April 24, which was adopted:

H. 3741 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES IN A CHIEF OF STAFF OR EQUIVALENT POSITION, THOSE EMPLOYEES AS DETERMINED BY THE OFFICE OF HUMAN RESOURCES OF THE BUDGET AND CONTROL BOARD TO BE WITHIN TWO MANAGERIAL LEVELS OF EITHER THE AGENCY HEAD OR THE CHIEF OF STAFF OR EQUIVALENT POSITION, AND ANY EMPLOYEES EARNING AN ANNUAL EQUIVALENT SALARY IN EXCESS OF EIGHTY THOUSAND DOLLARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PROCEDURE TO ADJUST THE EIGHTY THOUSAND DOLLAR FIGURE REFERENCED ABOVE EVERY FOUR YEARS.

ORDERED TO THIRD READING

The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

S. 360 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND


Printed Page 2537 . . . . . Wednesday, April 23, 2003

INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.

Rep. NEILSON explained the Bill.

H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution.

H. 3995 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2763, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3996 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2797, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3052--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W. D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 2538 . . . . . Wednesday, April 23, 2003

RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN A SENTENCE FOR A VIOLATION OF THE PROVISIONS THAT PROHIBIT LITTERING INCLUDES LITTER-GATHERING LABOR IN ADDITION TO A FINE OR IMPRISONMENT, THE LITTER-GATHERING PORTION OF THE SENTENCE IS MANDATORY AND MUST NOT BE SUSPENDED NOR PROBATION GRANTED IN LIEU OF THE LITTER-GATHERING REQUIREMENT EXCEPT FOR A PERSON'S PHYSICAL OR OTHER INCAPACITIES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5361CM03), which was adopted:
Amend the bill, as and if amended, Section 16-11-700, as contained in SECTION 1, by striking lines 1 through 7 on page 4 and inserting:
/   (F)   When the sentence for a violation of this section includes litter-gathering labor in addition to a fine or imprisonment, the litter-gathering portion of the sentence is mandatory and must not be suspended; however, the court, upon the request of a person convicted of violating this section, may direct that the person pay an additional monetary penalty in lieu of the litter-gathering portion of the sentence that must be equal to the amount of five dollars an hour of litter-gathering labor. probation may not be granted in lieu of the litter-gathering requirement except for a person's physical or other incapacities.

All funds collected pursuant to this subsection in lieu of the mandatory litter-gathering labor must be remitted to Palmetto Pride to be used in connection with their litter efforts.

(G)   For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.

(H)   Only those violations of this section which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section. /
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.


Printed Page 2539 . . . . . Wednesday, April 23, 2003

H. 3151--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3151 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 62-5-433, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTIONAL AMOUNTS IN CLAIMS FOR AND AGAINST MINORS AND INCAPACITATED PERSONS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT BELOW WHICH THESE CLAIMS MAY BE HEARD IN PROBATE COURT FROM TWENTY-FIVE THOUSAND TO THIRTY-FIVE THOUSAND DOLLARS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22075HTC03), which was adopted:
Amend the bill, as and if amended, by striking Section 62-5-433 as contained in SECTION 1, beginning on page 1, and inserting:
/   Section 62-5-433.   (A)(1)   For purposes of this section and for any a claim exceeding twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person, 'court' means the circuit court of the county in which the minor or incapacitated person resides or the circuit court in the county in which the suit is pending. For purposes of this section and for any a claim not exceeding twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person, 'court' means either the circuit court or the probate court of the county in which the minor or incapacitated person resides or the circuit court or probate court in the county in which the suit is pending.

(2)   'Claim' means the net or actual amount accruing to or paid by the a minor or incapacitated person as a result of the settlement.

(3)   'Petitioner' means either a conservator appointed by the probate court for the a minor or incapacitated person or the guardian or guardian ad litem of the minor or incapacitated person if a conservator has not been appointed.

(B)   The settlement of any a claim over twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person for the payment of money or the possession of personal property must be effected on his behalf in the following manner:

(1)   The petitioner must file with the court a verified petition setting forth all of the pertinent facts concerning the claim, payment, attorney's fees, and expenses, if any, and the reasons why, in the opinion of the petitioner, the proposed settlement should be approved.


Printed Page 2540 . . . . . Wednesday, April 23, 2003

For all claims that exceed twenty-five one hundred thousand dollars, the verified petition must include a statement by the petitioner that, in his opinion, the proposed settlement is in the best interests of the minor or incapacitated person.

(2)   If, upon consideration of the petition and after hearing the testimony as it may require concerning the matter, the court concludes that the proposed settlement is proper and in the best interests of the minor or incapacitated person, the court shall issue its order approving the settlement and authorizing the petitioner to consummate it and, if the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, to receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.

(3)   The order authorizing the settlement must require that payment or delivery of the money or personal property be made through the conservator. If a conservator has not been appointed, the petitioner shall, upon receiving the money or personal property, pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the personal property as required by the order, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement.

(C)   The settlement of any a claim that does not exceed twenty-five one hundred thousand dollars in favor of or against a minor or incapacitated person for the payment of money or the possession of personal property may be effected in any of the following manners:

(1)   If a conservator has been appointed, he may settle the claim without court authorization or confirmation, as provided in Section 62-5-424, or he may must petition the court for approval, as provided in items (1), (2), and (3) of subsection (B). If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the conservator shall receive the money or personal property after posting a proper bond pursuant to Section 62-5-411 and shall execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.

(2)   If a conservator has not been appointed, the guardian or guardian ad litem must petition the court for approval of the settlement, as provided in items (1) and (2) of subsection (B), and without the


Printed Page 2541 . . . . . Wednesday, April 23, 2003

appointment of a conservator. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103 subsection (D) of this section if the amount or value does not exceed five thousand dollars. If the amount exceeds five thousand dollars but not twenty-five thousand dollars then the payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103. If the amount or value exceeds twenty-five thousand dollars the guardian or guardian ad litem must pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the personal property, as required by the order and in accordance with Section 62-5-103, he is liable and punishable as for contempt of court and the money or property may be recovered from him, but failure or refusal does not affect the validity or conclusiveness of the settlement.

(D)   The settlement of any a claim that does not exceed two thousand five hundred five thousand dollars in favor of or against any a minor or incapacitated person for the payment of money or the possession of personal property may be effected by the parent or guardian of the minor or incapacitated person without court approval of the settlement and without the appointment of a conservator. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the parent or guardian shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103. /
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.


Printed Page 2542 . . . . . Wednesday, April 23, 2003

S. 224--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5363CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 24-19-10 of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:

"Section 24-19-10.   As used herein:

(a)   'Department' means the Department of Corrections.

(b)   'Division' means the Youthful Offender Division.

(c)   'Director' means the Director of the Department of Corrections.

(d)   'Youthful offender' means an offender who is:

(i)   under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years fifteen years or less, or

(ii)   who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.

(e)   'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders,; this may also include vocational and other training deemed fit considered appropriate and necessary by the Division division.


Printed Page 2543 . . . . . Wednesday, April 23, 2003

(f)   'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment may be is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment."
SECTION   2.   Article 5, Chapter 5, Title 40 of the 1976 Code is amended by adding:

"Section 40-5-390.   In any criminal case, an attorney may charge a nonrefundable flat fee."
SECTION   3.   This act takes effect upon approval by the Governor. /
Amend the bill further, as and if amended, by striking the title and inserting:
/TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE. /
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.

S. 495--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:

S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER


Printed Page 2544 . . . . . Wednesday, April 23, 2003

MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER PUBLIC OR PRIVATE PROPERTY.

S. 479--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:

S. 479 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY TRAINING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2730, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3045 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.


Printed Page 2545 . . . . . Wednesday, April 23, 2003

MOTION PERIOD

The motion period was dispensed with on motion of Rep. COOPER.

H. 3397--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20424SD03), which was adopted:
Amend the bill, as and if amended, in Section 59-31-80 of the 1976 Code, as contained in SECTION 2, by adding a new subsection (D) to read:
/   (D)   Local school boards of trustees are encouraged to adopt policies to alleviate the burden of heavy backpacks. Suggested activities include, but are not limited to, the following: allowing the use of rolling backpacks in the hallways of schools, locating student lockers in an area of campus that is conducive to frequent visits, seeking alternate methods of providing information such as posting materials and subject information online, and considering lightweight alternatives to the usual school supplies. /
Renumber sections to conform.
Amend title to conform.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 94; Nays 3

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Barfield               Battle                 Bingham

Printed Page 2546 . . . . . Wednesday, April 23, 2003

Branham                Breeland               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lloyd                  Loftis
Lucas                  Mack                   Mahaffey
McCraw                 McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Owens                  Parks
Perry                  Phillips               M. A. Pitts
Quinn                  Rhoad                  Rice
Rivers                 Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Umphlett
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Witherspoon

Total--94

Those who voted in the negative are:

Cotty                  Keegan                 E. H. Pitts

Total--3

So, the Bill, as amended, was read the second time and ordered to third reading.


Printed Page 2547 . . . . . Wednesday, April 23, 2003

H. 3587--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 24, which was adopted:

H. 3587 (Word version) -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT IN PROCEEDINGS IN WHICH CHILD CUSTODY AND VISITATION ARE IN DISPUTE THERE IS A PRESUMPTION THAT JOINT CUSTODY IS IN THE BEST INTEREST OF THE CHILD, TO REQUIRE THE COURT TO ORDER JOINT CUSTODY ABSENT WRITTEN FINDINGS THAT A PARENT IS UNFIT OR GEOGRAPHICALLY REMOVED, AND TO REQUIRE THE COURT TO EQUALIZE AND PROMOTE OPPORTUNITIES FOR EACH PARENT TO BE INVOLVED IN ACTIVITIES IN THE CHILD'S LIFE IN AND OUT OF SCHOOL.

H. 3187--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson, Cotty and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A LOBBYIST AND TO PROVIDE EXCEPTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3438DW03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 17, Title 2 of the 1976 Code is amended by adding:

"Section 2-17-55.   It is unlawful for a state agency, authority, or department to directly or indirectly hire or retain an independent contractor as a lobbyist as defined in Section 2-17-10(13). The provisions of this section do not include foundations established by state-sponsored universities or institutions of higher education which do not receive appropriated funds on an annual basis."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.


Printed Page 2548 . . . . . Wednesday, April 23, 2003

Rep. DELLENEY explained the amendment.
Rep. DELLENEY spoke in favor of the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 1.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3894 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 2003, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The 2003 Jean Laney Harris Award Winners were escorted to the rostrum by Senators Setzler, Elliott, Martin, Anderson and Grooms and Representatives JENNINGS, BAILEY, BINGHAM, OWENS and RHOAD.

Lt. Gov. Bauer made the following opening remarks:
"Members of the Joint Assembly, ladies and gentlemen, it is my honor to present to you, the Speaker of the House, the Honorable David


Printed Page 2549 . . . . . Wednesday, April 23, 2003

H. Wilkins to do the honor of presenting this year's Jean Laney Harris Folk Heritage Award winners."

SPEAKER WILKINS made the following remarks:
"Thank you Lt. Gov. Bauer. Helen Keller once said, 'Keep your face to the sunshine and you cannot see the shadows.' Artists like those we are recognizing today have made it their life's work to bring sunshine to the shadows. By honing their God given skills they have made South Carolina a better place and have uplifted us all. The awards they will be receiving today were first established to recognize the State's most outstanding practitioners of traditional art. They are made in memory of our friend and former collegue, Jean Laney Harris. It is my pleasure to present this year's Folk Heritage Awards. The first recipients are Loyd 'Slick' McGaha and Steve McGaha, for Bones and Blues Guitar. Loyd 'Slick' McGaha epitomizes the essence of a traditional performer while capturing the traditions of South Carolina. 'Slick' learned to play 'bones', a traditional rhythmic technique from a local African American performer and in turn he passed his love of music on to his son, Steve. Steve has become a highly regarded blues guitarist in his own right. Both father and son synthesize the blending of South Carolina cultural traditions, in which African Americans and Anglo Americans share performance styles and adapt them to their own use. It is my pleasure to present the Jean Laney Harris Folk Heritage Award to Loyd 'Slick' McGaha and Steve McGaha.
Maree Dowdey learned a variety of folk arts from different family members as she grew up watching her relatives create items of beauty as well as practical products for everyday living. Her hours of practice in learning their techniques and dedication to the task at hand taught her perserverance, patience and a deep respect for these skills. For most of her adult life she shared her skills and knowledge in quilting, natural dyes, spinning, weaving, soapmaking, basketry, candlemaking and cornshuck dolls. Because of her close ties with textiles, she became interested in enhancing the beauty of fibers with natural dyes using plants she gathers herself from within and around South Carolina. She is very active in educating the public about her crafts, demonstrating her skills in schools and museums. It is my honor now to present the Jean Laney Harris Folk Heritage Award to Maree Dowdey.
George Herron is widely regarded as the 'Granddaddy of South Carolina knifemakers'. When he was fourteen, Herron smithed his first knife out of an old file he found in his grandfather's blacksmith shop in Martin, Georgia. He has been hard at work ever since. His ability to


Printed Page 2550 . . . . . Wednesday, April 23, 2003

transform raw materials into gracefully designed tools is a testament to the high level of skill and long hours of practice that bladesmithing requires. Mr. Herron has been a full-time knifemaker since 1975 and is one of the founding members of the South Carolina Association of Knifemakers. He was inducted into the Knifemakers Hall of Fame in 1987. He has spent the last thirty years assisting other knifemakers and promoting his craft. We are honored to present the Jean Laney Harris Folk Heritage Award to George Herron.
The next recipient is Mr. Shell Johnson. The story of two camp meetings, Indian Field and neighboring Shady Grove, is the story of the role religion has played in the shaping of rural life in the Lowcountry. The earliest camp meeting was affiliated with the Methodist church, although many other denominations used such gatherings to establish permanent congregations. Shell Johnson upholds an unbroken camp meeting tradition that has been in existence since the 1850's. He's only the fourth trumpeter in the rich history of the Shady Grove Camp Meeting. Johnson has been blowing the horn since October of 1959, playing at both Shady Grove and the camp meeting at Indian Field. Both camp meetings revolve around the tradition of blowing the horn, or trumpet, to call participants to worship. It is my privilege to present the Jean Laney Harris Folk Heritage Award to Shell Johnson.
Our last recipient is Mr. Bill Kinney. Bill Kinney was born and raised in Bennettsville where his parents were publishers of the local newspaper. Today, Mr. Kinney follows in the footsteps of his parents, serving as the editor and publisher of the Marlboro Herald-Advocate and offering special insight into the cultural continuity and heritage that are so important to our State. Mr. Kinney is being recognized for his tireless efforts to promote South Carolina traditional arts, which includes his work on the Board of Trustees at the American Folklife Center at the Library of Congress. The American Folklife Center was created in 1976 by the United States Congress to 'preserve and present American folklife'. Mr. Kinney was appointed to the Board of Trustees in 1982 by Senator Strom Thurmond and has served as its Chairman. In addition to his work at the American Folklife Center, Mr. Kinney also is very committed to issues of historic preservation, the arts, and other issues surrounding quality of life in South Carolina. I'm proud to present the Jean Laney Harris Award to Bill Kinney, Jr. Congratulations to all of our recipients, we appreciate very much what you do to improve the quality of life in South Carolina."


Printed Page 2551 . . . . . Wednesday, April 23, 2003

SPEAKER WILKINS recognized Loyd "Slick" McGaha and Steve McGaha.
SPEAKER WILKINS recognized Maree Dowdey.
SPEAKER WILKINS recognized George Herron.
SPEAKER WILKINS recognized Shell Johnson.
SPEAKER WILKINS recognized Bill Kinney, Jr.

Lt. Gov. Bauer made the following closing remarks:
"I would like to close this ceremony today by thanking the award winners for sharing their talents with us today. The Assembly is now adjourned."

Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:20 p.m. the House resumed, the SPEAKER in the Chair.

Rep. BAILEY moved that the House recede until 2:00 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.

ACTING SPEAKER D. C. SMITH IN CHAIR


Printed Page 2552 . . . . . Wednesday, April 23, 2003

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3187--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:

H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson, Cotty and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A LOBBYIST AND TO PROVIDE EXCEPTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3438DW03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 17, Title 2 of the 1976 Code is amended by adding:

"Section 2-17-55.   It is unlawful for a state agency, authority, or department to directly or indirectly hire or retain an independent contractor as a lobbyist as defined in Section 2-17-10(13). The provisions of this section do not include foundations established by state-sponsored universities or institutions of higher education which do not receive appropriated funds on an annual basis."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRISON continued speaking.
Rep. HARRISON spoke against the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. QUINN spoke in favor of the amendment.


Printed Page 2553 . . . . . Wednesday, April 23, 2003

SPEAKER IN CHAIR

Rep. HAGOOD spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:

Yeas 59; Nays 45

Those who voted in the affirmative are:

Bailey                 Bingham                Bowers
R. Brown               Ceips                  Coates
Coleman                Cotty                  Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Hagood
Herbkersman            Hinson                 Huggins
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McGee                  McLeod                 Merrill
J. M. Neal             Neilson                Pinson
E. H. Pitts            M. A. Pitts            Quinn
Scarborough            Sheheen                Simrill
Sinclair               D. C. Smith            F. N. Smith
G. M. Smith            W. D. Smith            Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whitmire
Wilkins                Witherspoon

Total--59

Those who voted in the negative are:

Allen                  Bales                  Barfield
Battle                 Branham                Breeland
G. Brown               J. Brown               Cato
Chellis                Clark                  Clemmons
Clyburn                Cooper                 Freeman
Govan                  Harrell                Harrison

Printed Page 2554 . . . . . Wednesday, April 23, 2003

Haskins                Hayes                  J. Hines
Hosey                  Jennings               Keegan
Mack                   McCraw                 Miller
Moody-Lawrence         Ott                    Owens
Parks                  Perry                  Rhoad
Rice                   Rivers                 Sandifer
Scott                  Skelton                J. E. Smith
Snow                   Stewart                Trotter
Whipper                White                  Young

Total--45

So, the amendment was adopted.

Rep. COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5402CM03), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION   __.   Chapter 17, Title 2 of the 1976 Code is amended by adding:

"Section 2-17-57.   A member of the General Assembly may not represent a lobbyist principal except in a legal proceeding or as an accountant." /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.

Rep. QUINN moved to table the amendment.

Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:

Yeas 56; Nays 46

Those who voted in the affirmative are:

Bailey                 Bales                  Bingham
Branham                Ceips                  Chellis
Clark                  Clyburn                Coleman
Cotty                  Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Hagood                 Harrison

Printed Page 2555 . . . . . Wednesday, April 23, 2003

Harvin                 Haskins                Herbkersman
Hinson                 Hosey                  Howard
Huggins                Keegan                 Koon
Limehouse              Littlejohn             Lucas
Mack                   Martin                 Merrill
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Scarborough            Scott
Sheheen                D. C. Smith            G. M. Smith
Snow                   Stille                 Talley
Taylor                 Toole                  Tripp
Umphlett               Vaughn                 Viers
Weeks                  Whipper                Wilkins
Witherspoon            Young

Total--56

Those who voted in the negative are:

Allen                  Barfield               Battle
Bowers                 Breeland               G. Brown
J. Brown               R. Brown               Cato
Clemmons               Cobb-Hunter            Cooper
Freeman                Govan                  Hayes
J. Hines               Jennings               Kirsh
Leach                  Mahaffey               McCraw
McGee                  McLeod                 Miller
Moody-Lawrence         Neilson                Ott
Owens                  Parks                  Perry
Rhoad                  Rice                   Rivers
Sandifer               Simrill                Skelton
F. N. Smith            J. R. Smith            W. D. Smith
Stewart                Thompson               Townsend
Trotter                Walker                 White
Whitmire

Total--46

So, the amendment was tabled.

Rep. WITHERSPOON proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5404CM03), which was tabled:


Printed Page 2556 . . . . . Wednesday, April 23, 2003

Amend the bill, as and if amended, Section 2-17-55 as contained in SECTION 1 by adding /the South Carolina Association of Counties, / after / It is unlawful for a state agency, /
Renumber sections to conform.
Amend title to conform.

Rep. WITHERSPOON explained the amendment.
Rep. SCOTT spoke against the amendment.

Rep. SCOTT moved to table the amendment.

Rep. F. N. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 54; Nays 48

Those who voted in the affirmative are:

Bales                  Bingham                Branham
Breeland               G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Cobb-Hunter            Cotty                  Delleney
Edge                   Emory                  Freeman
Govan                  Hagood                 Harrison
Harvin                 Hayes                  J. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Kirsh
Limehouse              Littlejohn             Lucas
Mack                   McCraw                 McLeod
Merrill                J. M. Neal             Neilson
Ott                    Owens                  Parks
Pinson                 E. H. Pitts            Rivers
Scarborough            Scott                  D. C. Smith
G. M. Smith            J. R. Smith            Stille
Thompson               Toole                  Umphlett
Weeks                  Whipper                Young

Total--54

Those who voted in the negative are:

Allen                  Bailey                 Barfield
Battle                 Bowers                 Cato
Ceips                  Chellis                Clemmons

Printed Page 2557 . . . . . Wednesday, April 23, 2003

Coates                 Davenport              Duncan
Frye                   Haskins                Herbkersman
Keegan                 Koon                   Leach
Loftis                 Mahaffey               Martin
Miller                 Moody-Lawrence         Perry
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Simrill
Sinclair               Skelton                F. N. Smith
W. D. Smith            Snow                   Stewart
Talley                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon

Total--48

So, the amendment was tabled.

Rep. PERRY proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\22109HTC03), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION   1.   Chapter 17, Title 2 of the 1976 Code is amended by adding:

"Section 2-17-55.   (A)   It is unlawful for a state agency, instrumentality, or department to employ or contract with a lobbyist as defined in Section 2-17-10(13). The provisions of this section do not include:

(1)   appearances by the administrative head of a state agency, instrumentality, or department before a public body by specific request;

(2)   authorized employees of the General Assembly, Office of the Governor, State Supreme Court, the State Budget and Control Board, or the Department of Revenue, whose duties are to assess the impact of proposals which affect the administration of state government.

(B)   It is unlawful for any membership association, whether membership is voluntary or not, whose members receive state funds appropriated in the annual general appropriations act or in supplemental appropriations acts as compensation for services or as governmental transfer payments to employ or contract with a lobbyist as defined in Section 2-17-10(13)." /


Printed Page 2558 . . . . . Wednesday, April 23, 2003

Renumber sections to conform.
Amend title to conform.

Rep. PERRY explained the amendment.

Rep. JENNINGS moved to table the amendment.

Rep. PERRY demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 62 to 26.

Rep. WHITE proposed the following Amendment No. 5 (Doc Name COUNCIL\SWB\5408CM03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION:
/SECTION   __.   Chapter 17, Title 2 of the 1976 Code is amended by adding:

Section 2-17-57.   Notwithstanding another provision of law, an agency, authority, or department that does not employ a full-time lobbyist may employ a contract lobbyist. /
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.

Rep. MERRILL moved to table the amendment.

Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:

Yeas 64; Nays 32

Those who voted in the affirmative are:

Allen                  Battle                 Bingham
Branham                G. Brown               R. Brown
Ceips                  Chellis                Clark
Cotty                  Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Hagood                 Harrell
Hayes                  Herbkersman            J. Hines
Hinson                 Huggins                Jennings
Kirsh                  Koon                   Limehouse

Printed Page 2559 . . . . . Wednesday, April 23, 2003

Littlejohn             Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 J. M. Neal             Neilson
Owens                  Parks                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Rivers
Scarborough            Scott                  Sheheen
Sinclair               D. C. Smith            F. N. Smith
G. M. Smith            J. R. Smith            Snow
Stille                 Talley                 Taylor
Toole                  Tripp                  Umphlett
Viers                  Weeks                  Whipper
Young

Total--64

Those who voted in the negative are:

Bales                  Barfield               J. Brown
Cato                   Clemmons               Clyburn
Coates                 Cooper                 Davenport
Govan                  Harrison               Harvin
Haskins                Hosey                  Keegan
Leach                  Martin                 McCraw
McGee                  Moody-Lawrence         Perry
Sandifer               Simrill                Skelton
Stewart                Thompson               Trotter
Vaughn                 White                  Whitmire
Wilkins                Witherspoon

Total--32

So, the amendment was tabled.

Rep. SKELTON moved to table the Bill.

Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:

Yeas 26; Nays 75


Printed Page 2560 . . . . . Wednesday, April 23, 2003

Those who voted in the affirmative are:
Barfield               Battle                 Breeland
G. Brown               Cato                   Clyburn
Cobb-Hunter            Cooper                 Edge
Freeman                Harvin                 Hayes
Jennings               Keegan                 Leach
Mack                   Miller                 Moody-Lawrence
Perry                  Rhoad                  Sandifer
Skelton                Stewart                Trotter
Whipper                White

Total--26

Those who voted in the negative are:

Allen                  Bailey                 Bales
Bingham                Bowers                 Branham
J. Brown               R. Brown               Ceips
Chellis                Clark                  Clemmons
Coates                 Cotty                  Davenport
Delleney               Duncan                 Emory
Frye                   Hagood                 Harrell
Harrison               Haskins                Herbkersman
J. Hines               Hinson                 Hosey
Howard                 Huggins                Kirsh
Koon                   Limehouse              Littlejohn
Lucas                  Mahaffey               McGee
McLeod                 Merrill                J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Rivers                 Scarborough
Scott                  Sheheen                Simrill
Sinclair               D. C. Smith            F. N. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Weeks
Wilkins                Witherspoon            Young

Total--75


Printed Page 2561 . . . . . Wednesday, April 23, 2003

So, the House refused to table the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 81; Nays 23

Those who voted in the affirmative are:

Allen                  Bailey                 Battle
Bingham                Bowers                 Branham
R. Brown               Ceips                  Chellis
Clark                  Clemmons               Coates
Cobb-Hunter            Cotty                  Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Hagood                 Harrell                Harrison
Haskins                Herbkersman            J. Hines
Hinson                 Hosey                  Huggins
Jennings               Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               Martin
McGee                  McLeod                 Merrill
Miller                 J. M. Neal             Neilson
Ott                    Owens                  Parks
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Rivers                 Scarborough            Sheheen
Simrill                Sinclair               D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Viers                  Weeks                  Whipper
Whitmire               Wilkins                Young

Total--81

Those who voted in the negative are:

Barfield               Breeland               G. Brown
J. Brown               Cato                   Clyburn
Cooper                 Harvin                 Hayes

Printed Page 2562 . . . . . Wednesday, April 23, 2003

Howard                 Keegan                 Mack
McCraw                 Moody-Lawrence         J. H. Neal
Perry                  Sandifer               Scott
Skelton                Stewart                Trotter
White                  Witherspoon

Total--23

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3220--DEBATE ADJOURNED

The following Bill was taken up:

H. 3220 (Word version) -- Reps. Lourie, Bales, Littlejohn, Clemmons, Cotty, Weeks, Neilson, Miller and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 38, TITLE 43 SO AS TO CREATE THE VOLUNTEER LONG TERM CARE ADVOCATE PROGRAM UNDER THE LONG TERM CARE OMBUDSMAN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ESTABLISH THE STRUCTURE OF THE VOLUNTEER PROGRAM, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT AND THE OMBUDSMAN PROGRAM, AND TO REQUIRE THE DEPARTMENT INITIALLY TO IMPLEMENT THIS PROGRAM IN LIMITED AREAS USING CIVIL MONEY PENALTIES FUNDS AND TO EXPAND THE PROGRAM AS FUNDS BECOME AVAILABLE, AND TO DESIGNATE SECTIONS 43-38-10 THROUGH 43-38-60 AS ARTICLE 1, CHAPTER 38, TITLE 43 AND TO NAME ARTICLE 1 "HEALTH FACILITY INVESTIGATIONS".

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11554AC03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 38 , Title 43 of the 1976 Code is amended by adding:


Printed Page 2563 . . . . . Wednesday, April 23, 2003

"Article 3
Volunteer Long Term Care
Advocate Program

Section 43-38-300.   There is created the Volunteer Long Term Care Advocate Program under the Long Term Care Ombudsman Program. The purpose of this program is to augment the services provided by the Ombudsman Program by assisting the program in providing a higher level of service to long term care residents and by maintaining a higher degree of presence in nursing homes.

Section 43-38-310.   The department shall contract with area agencies on aging, authorized under the federal Older Americans Act and which operate regional ombudsman programs, to employ a volunteer coordinator for each agency and one statewide volunteer coordinator. The Long Term Care Ombudsman Program shall assist the volunteer coordinators in recruiting, screening, training, and placing volunteers, and staff of the regional ombudsman programs shall supervise the volunteer coordinators and provide ongoing guidance and direction to the volunteer advocates. The Long Term Care Ombudsman shall supervise the statewide volunteer coordinator and provide guidance and technical assistance to the regional volunteer programs.

Section 43-38-320.   In carrying out this program, a volunteer advocate may, among other things:

(1)   make regular visits to a nursing home where he is assigned;

(2)   identify and informally to address concerns of nursing home residents and families;

(3)   provide information to and assistance in gathering information for regional ombudsmen.

Section 43-38-330.   (A)   A regional ombudsman program may not place a volunteer advocate until the volunteer advocate has undergone a criminal record check as provided in this section. A regional ombudsman program may consider the information revealed by a criminal record check as a factor in evaluating a volunteer's application to participate in the program.
(B)   If the regional ombudsman program is unable to verify South Carolina residency for a volunteer advocate for the preceding twelve months, the applicant must undergo a federal criminal record check in addition to the state criminal record check. However, if the volunteer advocate applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of application, the regional


Printed Page 2564 . . . . . Wednesday, April 23, 2003

ombudsman program shall conduct only a state criminal record check in the applicant's resident state.

(C)   Criminal record checks must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record. A volunteer advocate applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State Law Enforcement Division pursuant to this section must be used to facilitate a national criminal record check, as required by this section.   (D)   The criminal record check is not required to be repeated as long as the person continues to serve as a volunteer with a regional ombudsman program; however, if a person fails to participate in the volunteer ombudsman program for one year or longer, the criminal record check must be repeated before resuming volunteer advocate activities with the program. The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the volunteer advocate or the volunteer ombudsman program.

Section 43-38-340.   Beginning in fiscal year 2003-2004, the Department of Health and Human Services initially shall implement this program for a three year period in a limited number of areas considering the areas of the state where complaints about nursing homes received by the department have been highest using funds from civil money penalties, provided under federal law. The department shall submit a report including recommendations to the General Assembly and the Governor no later than January 15, 2006 on the program's implementation. As state and other funds become available, the department shall expand the program statewide.

Section 43-38-350.   A nursing home may not be held liable for civil or criminal acts or omissions of a volunteer advocate.

Section 43-38-360.   The Department of Health and Human Services shall promulgate regulations to implement the provisions of this article including, but not limited to, volunteer training and certification requirements and the scope of volunteer activities."
SECTION   2.   Sections 43-38-10 through 43-38-60 of the 1976 Code are designated as Article 1 of Chapter 38, Title 43 and named 'Health Facility Investigations'.


Printed Page 2565 . . . . . Wednesday, April 23, 2003

SECTION   3.   This act takes effect July 1, 2003.
Renumber sections to conform.
Amend title to conform.

Rep. HAYES explained the amendment.

Rep. HAYES moved to adjourn debate on the Bill until Tuesday, April 29, which was agreed to.

H. 3899--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, E. H. Pitts, Cobb-Hunter, Mahaffey, McCraw, J. H. Neal, Mack, Perry, Howard, Quinn, Rhoad, Rutherford, Lourie, Rice, Neilson, Sandifer, Miller, Skelton, Bowers, D. C. Smith, Ott, J. E. Smith, Owens, J. R. Smith, W. D. Smith, Whipper, Snow, Stewart, Talley, Thompson, Tripp, Trotter, Umphlett, Vaughn, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY RESTRUCTURING AND INFRASTRUCTURE ACT OF 2003; TO AMEND SECTIONS 59-103-5, 59-103-10, AS AMENDED, 59-103-15, AS AMENDED, 59-103-20, AS AMENDED, 59-103-25, 59-103-30, 59-103-35, AS AMENDED, 59-103-36, 59-103-40, 59-103-45, AS AMENDED, 59-103-60, AS AMENDED, 59-103-65, 59-103-70, 59-103-90, AS AMENDED, 59-103-130, 59-103-140, 59-103-150, 59-103-160, 59-103-165, 59-103-170, 59-103-180, 59-103-190, 59-103-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE CERTAIN TERMS, CHANGE THE COMPOSITION OF THE COMMISSION TO DELETE REPRESENTATIVES OF THE RESEARCH UNIVERSITIES FROM THE COMMISSION, PROVIDE WHEN RESEARCH UNIVERSITIES ARE SUBJECT TO THE PROVISIONS OF THIS CHAPTER, AND MAKE OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-103-210, SO AS TO EXEMPT RESEARCH UNIVERSITIES FROM THE PROVISIONS OF CHAPTER 103, TITLE 59 AND THE COUNCIL OF THE COMMISSION ON HIGHER EDUCATION UNLESS EXPRESSLY STATED IN THE CHAPTER; BY ADDING SECTION


Printed Page 2566 . . . . . Wednesday, April 23, 2003

59-103-220 SO AS TO DIRECT THE COMMISSION ON HIGHER EDUCATION, THE RESEARCH OVERSIGHT COUNCIL, PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING, AND RESEARCH UNIVERSITIES TO WORK TOGETHER TO IMPROVE SERVICE AND EDUCATION; BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA RESEARCH OVERSIGHT COUNCIL, DEFINE CERTAIN TERMS, PROVIDE FOR THE MEMBERSHIP OF THE COUNCIL, SET FORTH THE COUNCIL'S MISSION, GOALS, POWERS, DUTIES, AND RESPONSIBILITIES, PROVIDE FOR THE COUNCIL'S COLLECTION OF DATA AND THE MEASURE OF PERFORMANCE FOR RESEARCH UNIVERSITIES, PROVIDE FOR THE PREPARATION OF A BUDGET FOR RESEARCH UNIVERSITIES, SET FORTH THE RESPONSIBILITY OF THE RESEARCH OVERSIGHT COUNCIL TO MAKE RECOMMENDATIONS REGARDING RESEARCH UNIVERSITIES, PROVIDE FUNDING FOR THE COUNCIL, PROVIDE AN EXECUTIVE DIRECTOR AND STAFF FOR THE COUNCIL, PROVIDE FOR THE CREATION OF COMMITTEES, PROVIDE FOR THE APPROVAL OF NEW FACILITIES WITH RESPECT TO RESEARCH UNIVERSITIES, PROVIDE FOR EXPENDITURE OF NONSTATE FUNDS AND THE USE OF FEE WAIVERS, PROVIDE RESEARCH GRANT POSITIONS PURSUANT TO CERTAIN CONDITIONS AND CERTAIN FUNDING SOURCES; TO AMEND SECTION 2-75-10 AND SECTION 2-75-70, BOTH RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO CONFORM ACTIVITIES OF THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD WITH THE DUTIES AND POWERS OF THE RESEARCH OVERSIGHT COUNCIL; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION OF A FACILITY ON LAND OWNED OR OCCUPIED BY A RESEARCH UNIVERSITY IS EXEMPT FROM THE PROCUREMENT CODE PROVIDED CERTAIN CONDITIONS ARE MET; TO AMEND SECTIONS 59-118-30, AS AMENDED, 59-118-60, 59-118-70, 59-118-80, 59-118-90, 59-118-100, ALL RELATING TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT ACT, AND TO ADD SECTIONS 59-118-75, 59-118-95, AND 59-118-105 SO AS TO DEFINE "RESEARCH UNIVERSITY" AND PROVIDE THAT THE

Printed Page 2567 . . . . . Wednesday, April 23, 2003

PORTION OF STATE MATCHING FUNDS THAT ARE CURRENTLY AVAILABLE TO RESEARCH UNIVERSITIES WILL BE ADMINISTERED BY THE RESEARCH OVERSIGHT COUNCIL; BY ADDING CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT AND RESEARCH UNIVERSITY BOND ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS PURSUANT TO CERTAIN CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR EXPIRATION OF THE RIGHT TO ISSUE BONDS, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS, PROVIDE FOR PURCHASE OF BONDS, PROVIDE FOR EXPENDITURE OF PROCEEDS OF THE BONDS; AND TO REPEAL CHAPTER 41 OF TITLE 11 RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9758SL03), which was adopted:
Amend the bill, as and if amended, Section 59-103-45(4)(d), as contained in SECTION 10, page 13, line 22, after /performance/ by deleting /indicators / and inserting /indicators/ so that when amended the subitem reads:
/ (d)   develop a public higher education funding formula based entirely on an institution's achievement of the standards set for these performance indicators, this formula to be used beginning July 1, 1999./.
Amend the bill further, by deleting Section 59-155-20(A) as contained in SECTION 26 and inserting:
/   (A)   There is created the South Carolina Research Oversight Council. The council shall consist of ten members. The membership of the council must be as follows:

(1)   one at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business


Printed Page 2568 . . . . . Wednesday, April 23, 2003

development, or research that results in economic or business development. This member must be appointed for a term of four years and may serve only one term as chairman;

(2)   one at-large member appointed by the President Pro Tempore of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and may not serve on the council for more than two consecutive terms;

(3)   one at-large member appointed by the Speaker of the House of Representatives. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and shall not serve on the council for more than two consecutive terms;

(4)   three members to serve ex officio to represent the research universities. These members shall consist of the Chairmen of the Board of Trustees of each research university. The term on the council for each respective Chairman of the Board of Trustees must be coterminous with his term as Chairman of the Board of Trustees;

(5)   three members to serve ex officio, one appointed by the Governor, one appointed by the President Pro Tempore of the Senate, and one appointed by the Speaker of the House of Representatives. These three members must be appointed from the membership of the respective Board of Trustees of each research university on a rotating basis every four years. The initial appointments must be made as follows: the Governor appoints from the Board of the Medical University of South Carolina; the President Pro Tempore of the Senate appoints from the Board of the University of South Carolina, and the Speaker of the House of Representatives appoints from the Board of Clemson University. The second rotation of appointments is as follows: the Governor appoints from the Board of Clemson University; the President Pro Tempore of the Senate appoints from the Board of the Medical University of South Carolina; and the Speaker of the House of Representatives appoints from the Board of the University of South Carolina. The third rotation of appointments is as follows: the Governor appoints from the Board of the University of South Carolina; the President Pro Tempore of the Senate appoints from the Board of Clemson University; and the Speaker of the House of Representatives


Printed Page 2569 . . . . . Wednesday, April 23, 2003

appoints from the Board of the Medical University of South Carolina. At the end of the third rotation, the rotation begins as with the first rotation. These members must be appointed on an at-will basis, to serve at the pleasure of their appointees, for a term of four years and may not serve on the council for more than two consecutive terms. If an appointee ceases to serve on the Board of Trustees of a research university the vacancy must be filled in the manner of the original appointment;

(6)   the Chairman of the Research Centers of Excellence Review Board, created in Section 2-75-10, to serve ex officio. /
Amend the bill further, Section 59-155-110 as contained in SECTION 26, page 26, line 31, by adding after /chairman./ the following:
/ The amount necessary to fully fund the council must be divided evenly among the research universities. The research universities are instructed to transfer this amount from their authorized or appropriated funds to the council. / so that when amended the section reads:
/ Section 59-155-110.   Funds for the necessary technical, administrative, and clerical assistance and other expenses of the Research Oversight Council, including stationery, must be carried in the annual appropriations act for the State. The members of the council are allowed per diem and mileage as authorized by law for members of boards, commissions, and committees. The sum appropriated for the use of the council must be expended upon warrants signed by the chairman. The amount necessary to fully fund the council must be divided evenly among the research universities. The research universities are instructed to transfer this amount from their authorized or appropriated funds to the council. /
Amend the bill further, Section 59-155-160 as contained in SECTION 26, page 27, line 35, after /Higher Education/ by inserting / , the Department of Commerce, /
When amended, Section 59-155-160 shall read:
/   Section 59-155-160.   The provisions of this chapter recognize the unique roles that research universities play in educating the public while also serving as engines of economic development for the State. The Research Oversight Council and research universities shall cooperate and collaborate with the Commission on Higher Education, the Department of Commerce, and public and private institutions of higher learning as defined in Section 59-103-5 to better serve the citizens of South Carolina and the nation and provide economic benefits statewide. /


Printed Page 2570 . . . . . Wednesday, April 23, 2003

Amend the bill further, by deleting SECTION 39 and inserting:
/ SECTION   39.   Title 11 of the 1976 Code is amended by adding:

"CHAPTER 51.
State General Obligation Economic Development and Research University Bond Act

Section 11-51-10.   This chapter may be cited as the 'State General Obligation Economic Development and Research University Bond Act'.

Section 11-51-20.   As incident to this chapter, the General Assembly finds:

(1)   That by Section 4, Act 10 of 1985, the General Assembly ratified an amendment to Article X, Section 13(6)(c), Constitution of this State, 1895. One amendment in Article X, Section 13(6)(c) limits the issuance of general obligation debt of the State such that maximum annual debt service on general obligation bonds of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.

(2)   Article X, Section 13(6)(c), as amended, further provides that the percentage rate of general revenues of the State by which general obligation bond debt service is limited may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.

(3)   In order to foster economic development within the State and the advancement of research projects at the research universities, as defined in Section 11-51-30, by providing the necessary funds to defray the costs of certain infrastructure and facilities, as defined in Section 11-51-30, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure and facilities for:

(a)   economic development within the State; and

(b)   the advancement of the research universities.

Section 11-51-30.   As used in this chapter:


Printed Page 2571 . . . . . Wednesday, April 23, 2003

(1)   'Bonds' means state general obligation economic development bonds and state general obligation research university bonds.

(2)   'Department' means the State Department of Commerce.

(3)   'Economic development project' means a project as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.

(4)   'Economic development infrastructure' must relate specifically to, but is not required to be located on, the economic development project and means:

(a)   land acquisition;

(b)   site preparation;

(c)   road and highway improvements;

(d)   rail spur construction;

(e)   water service;

(f)   wastewater treatment;

(g)   employee training which may include equipment used for this purpose;

(h)   environmental mitigation; and

(i)     training and research facilities and the necessary equipment for them.

(5)   'Economic development investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.

(6)   'Facilities and administration costs' means depreciation and use allowances, interest on debt associated with buildings, equipment and capital improvements, operation and maintenance expenses, library expenses, general administration expenses, departmental administration, sponsored projects administration, and student administration and services.

(7)   'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from,


Printed Page 2572 . . . . . Wednesday, April 23, 2003

or to, a project of the sponsor or a related person. A related person includes an entity or a person that bears a relationship to the sponsor as described in Section 267 of the Internal Revenue Code of 1986. Full time means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of sponsor operations or a job requiring a minimum of thirty-five hours of an employee's time a week for a year if the employee was hired initially for or transferred to the project. Two half-time jobs are considered one full-time job. A half-time job is a job requiring a minimum of twenty hours of an employee's time a week otherwise meeting the full-time job requirements.

(8)   'Research Centers for Excellence Review Board' means the board created pursuant to Section 2-75-10.

(9)   'Research infrastructure project' means a project that would advance economic development and create a knowledge based economy, thereby increasing job opportunities, or facilitate and increase externally funded research at the research universities, including, but not limited to, land acquisition, acquisition or construction of buildings, equipment, furnishings, site preparation, road and highway improvements, water and sewer infrastructure and other things necessary or convenient to advance economic development or to facilitate and increase research at the research universities.

(10)   'Research universities' means Clemson University, the Medical University of South Carolina, and the University of South Carolina - Columbia.

(11)   'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity or a combination of these entities.

(12)   'State general obligation economic development bonds' or 'economic development bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provision of this chapter in order to defray the cost of economic development infrastructure.

(13)   'State general obligation research university bonds' or 'research university bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provisions of this chapter in order to defray the cost of research infrastructure projects.

Section 11-51-40.   To obtain funds for allocation to the department for financing of infrastructure, there may be issued from time to time bonds under the conditions prescribed by this chapter.


Printed Page 2573 . . . . . Wednesday, April 23, 2003

Section 11-51-50.   Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that the maximum annual debt service on general obligation bonds of the State, including economic development bonds and research university bonds, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must not have outstanding general obligation bonds, excluding economic development bonds and research university bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, the maximum annual debt service on which exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.

Section 11-51-60.   The maximum annual debt service on bonds issued pursuant to this chapter may not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.

Section 11-51-70.   Before issuing economic development bonds, the department shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:

(1)   a statement of the amount then required for allocation to the department to defray the costs of the proposed economic development infrastructure;

(2)   a description of the economic development infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each economic development project to benefit from the expenditure of the proceeds of the economic development bonds consists of an economic development investment in the State of at least four hundred million dollars and at least four hundred new jobs;

(3)   a tentative time schedule setting forth the period of time during which the sum requested is to be expended;

(4)   a debt service table showing the annual principal and interest requirements for the state general economic development bonds and the state general obligation research university bonds then outstanding; and


Printed Page 2574 . . . . . Wednesday, April 23, 2003

(5)   a statement of the total amount of the State general economic development bonds and the state general obligation research university bonds issued.

Section 11-51-80.   (A)   As a condition precedent to the issuance of research university bonds pursuant to the provisions of this chapter, the Research Centers of Excellence Review Board shall certify to the State Budget and Control Board that at least fifty percent of the cost of such research infrastructure project is being provided by private, federal, municipal, county or other local government sources. This portion of the cost may, in the discretion of the Research Centers of Excellence Review Board, be in the form of cash; cash equivalent; buildings including sale-lease back; gifts in kind including, but not limited to, land, roads, water and sewer, and maintenance of infrastructure; facilities and administration costs; equipment; or furnishings.

(B)   Before the issuance of research university bonds, the Research Centers of Excellence Review Board shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:

(1)   a description of the research infrastructure project for which research university bonds are requested to be issued;

(2)   a certification by the Research Centers of Excellence Review Board that the provisions of subsection (A) have been met, that the source of funding has been identified, and that the research infrastructure project complies with the provisions of this chapter;

(3)   the total cost of the research infrastructure project and the principal amount of the research university bonds requested to be issued;

(4)   a tentative time schedule setting forth the period of time during which the proceeds of the research university bonds requested to be issued will be expended;

(5)   a debt service schedule showing the annual principal and interest requirements, at a projected current rate of interest, on the requested research university bonds;

(6)   the total amount of the state general obligation economic development and research university bonds issued pursuant to this chapter; and

(7)   a debt service schedule showing the principal and interest requirements for the state general obligation economic development and research university bonds outstanding and the proposed research university bonds at a projected current rate of interest.


Printed Page 2575 . . . . . Wednesday, April 23, 2003

Section 11-51-90.   Following the receipt of the notification presented either pursuant to Section 11-51-70 or Section 11-51-80 and after approval by the Joint Bond Review Committee, the State Budget and Control Board, by resolution duly adopted, shall effect the issue of economic development bonds and research university bonds, or pending the issue of the bonds, effect the issue of bond anticipation notes pursuant to Chapter 17 of this title.

Section 11-51-100.   To effect the issuance of bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of economic development bonds and research university bonds pursuant to the provisions of this chapter. The authorizing resolution must include:

(1)   a schedule showing the aggregate of bonds issued, the annual principal payments required to retire the bonds, and the interest on the bonds;

(2)   the amount of bonds proposed to be issued;

(3)   a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds to be issued; and

(4)   certificates evidencing that the provisions of Sections 11-51-50 and 11-51-60 of this chapter have been or will be met.

Section 11-51-110.   The bonds must bear the date and mature at the time that the resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issue. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.

Section 11-51-120.   Bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.

Section 11-51-130.   Bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, State Treasurer, and Secretary of State may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 11-51-140.   For the payment of the principal and interest on bonds issued and outstanding pursuant to this chapter there is


Printed Page 2576 . . . . . Wednesday, April 23, 2003

pledged the full faith, credit, and taxing power of this State, and in accordance with the provisions of Section 13(4), Article X of the Constitution of this State, 1895, the General Assembly allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.

Section 11-51-150.   Bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of a summary notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds may be awarded upon the terms and in the manner as prescribed by the State Treasurer. The right is reserved to reject bids and to readvertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Treasurer may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. Expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 11-51-160.   The proceeds of the sale of bonds must be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, may be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds are not liable for the proper application of the proceeds to the purposes for which they are intended.

Section 11-51-170.   It is lawful for all executors, administrators, guardians, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.

Section 11-51-180.   The proceeds received from the issuance of bonds, after deducting the costs of issuance, must be expended only for the purpose of providing infrastructure or of defraying the cost of research infrastructure projects.

In the event a research infrastructure project is used for a purpose other than as approved in by the Research Centers for Excellence Review Board pursuant to Section 11-51-80(B)(2), the research university for which such research infrastructure project was originally established shall reimburse the State a percentage of debt service on the research university bonds issued to finance the debt, the percentage to be equal to the percentage of the research infrastructure project which is used for an unapproved purpose. Amounts reimbursed to the State


Printed Page 2577 . . . . . Wednesday, April 23, 2003

pursuant to this section must be applied, as directed by the State Budget and Control Board, to the debt service on the applicable bonds, either currently or by way of defeasance, or to the general fund of the State. /
Amend the bill further, by deleting SECTION 40 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRELL continued speaking.
Rep. SCOTT spoke against the amendment.
Rep. STILLE spoke against the amendment.

SPEAKER IN CHAIR

Rep. MCLEOD spoke against the amendment.
Rep. SCOTT spoke against the amendment.
The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20541SD03), which was adopted:
Amend the bill, as and if amended, by striking Section 11-51-20(3) of the 1976 Code, as contained in SECTION 39 and inserting:
/   (3)   In order to foster economic development within the State and the advancement of research projects at the research universities, as defined in Section 11-51-30, by providing the necessary funds to defray the costs of certain infrastructure and facilities, as defined in Section 11-51-30, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure and facilities for:

(a)   economic development within the State; and

(b)   the advancement of the research universities;
and that a designated principal amount of general obligation bonds issued pursuant to the existing debt limit and the debt limit as increased


Printed Page 2578 . . . . . Wednesday, April 23, 2003

hereby be provided additional constitutional authorization pursuant to Article X, Section 13(5) of the Constitution./
Amend further, as and if amended, by striking Section 11-51-50 of the 1976 Code, as contained in SECTION 39 and inserting:
/   Section 11-51-50.   (A)   Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that economic development bonds and research university bonds may be issued under this chapter only at such times as the maximum annual debt service on all general obligation bonds of the State, including economic development bonds and research university bonds outstanding and being issued, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, will not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds. The State at any time may not issue general obligation bonds, excluding economic development bonds and research university bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, if at the time of issuance the maximum annual debt service on all such general obligation bonds, outstanding and being issued, exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.

(B)   With respect to the first four hundred fifty million dollars in principal amount of general obligation bonds issued after the effective date of this chapter within the debt service constraints set forth in subsection (A) above, the General Assembly provides additional constitutional authorization for such bonds pursuant to Article X, Section 13(5), of the Constitution of this State, 1895. /
Amend further, as and if amended, by striking Section 11-51-60 of the 1976 Code, as contained in SECTION 39, and inserting:
/   Section 11-51-60.   At the time of issuance of economic development bonds and research university bonds pursuant to this chapter, the maximum annual debt service on such bonds outstanding or being issued must not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds. /
Amend further, as and if amended, by adding after SECTION 39 appropriately numbered SECTIONS to read:


Printed Page 2579 . . . . . Wednesday, April 23, 2003

/SECTION   ____.   Upon the effective date of Chapter 51 of Title 11 of the 1976 Code, as added by Section 39 above, Chapter 41, Title 11 of the 1976 Code is repealed.
SECTION   ____.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.

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

Rep. LIMEHOUSE proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\9776SL03), which was adopted:
Amend the bill, as and if amended, Section 11-35-710 as contained in SECTION 29, by adding subitem (g) at the end to read:
/ (g)   the lease of the land from the research university to the third party does not involve the construction of a health care facility as defined in Section 44-7-130 that has not been approved by the South Carolina Budget and Control Board. /
Amend title to conform.

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

Rep. GOVAN proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\5383MM03), which was tabled:
Amend the bill, as and if amended, Section 59-155-20(A) as contained in SECTION 26, pages 3899-1 through 3899-2, by deleting Section 59-155-20(A) in its entirety and inserting:
/   (A)   There is created the South Carolina Research Oversight Council. The council shall consist of eleven members. The membership of the council must be as follows:


Printed Page 2580 . . . . . Wednesday, April 23, 2003

(1)   one at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed for a term of four years and may serve only one term as chairman;

(2)   one at-large member appointed by the President Pro Tempore of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and may not serve on the council for more than two consecutive terms;

(3)   one at-large member appointed by the Speaker of the House of Representatives. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and shall not serve on the council for more than two consecutive terms;

(4)   four members to serve ex officio to represent the research universities. These members shall consist of the Chairmen of the Board of Trustees of each research university. The term on the council for each respective Chairman of the Board of Trustees must be coterminous with his term as Chairman of the Board of Trustees;

(5)   four members to serve ex officio, one appointed by the Governor, one appointed by the President Pro Tempore of the Senate, and one appointed by the Speaker of the House of Representatives. These four members must be appointed from the membership of the respective Board of Trustees of each research university on a rotating basis every four years. The initial appointments must be made as follows: the Governor appoints from the Board of the Medical University of South Carolina and South Carolina State University; the President Pro Tempore of the Senate appoints from the Board of the University of South Carolina, and the Speaker of the House of Representatives appoints from the Board of Clemson University. The second rotation of appointments is as follows: the Governor appoints from the Board of Clemson University; the President Pro Tempore of the Senate appoints from the Board of the Medical University of South Carolina and South Carolina State University; and the Speaker of the


Printed Page 2581 . . . . . Wednesday, April 23, 2003

House of Representatives appoints from the Board of the University of South Carolina. The third rotation of appointments is as follows: the Governor appoints from the Board of the University of South Carolina; the President Pro Tempore of the Senate appoints from the Board of Clemson University; and the Speaker of the House of Representatives appoints from the Board of the Medical University of South Carolina and South Carolina State University. At the end of the third rotation, the rotation begins as with the first rotation. These members must be appointed on an at-will basis, to serve at the pleasure of their appointees, for a term of four years and may not serve on the council for more than two consecutive terms. If an appointee ceases to serve on the Board of Trustees of a research university the vacancy must be filled in the manner of the original appointment;

(6)   the Chairman of the Research Centers of Excellence Review Board, created in Section 2-75-10, to serve ex officio. /
Amend the bill further, Section 11-51-20(10) as found in SECTION 39, page 3899-6, line 32, by inserting after / Carolina, / the following: / South Carolina State University, /
Amend the bill further, Section 59-103-10 as found in SECTION 2, pages 3 through 5, by deleting Section 59-103-10 in its entirety and inserting:
/SECTION   2.   Section 59-103-10 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:

"Section 59-103-10.   There is created the State Commission on Higher Education. The commission shall consist of fourteen eleven members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three members one additional member appointed from the State at-large at large, three two representatives of the public colleges and universities institutions of higher learning, and one representative of the independent colleges and universities private institutions of higher learning of South Carolina.

The membership of the Commission on Higher Education must be as follows:

(1)   Nine Eight members, six to represent each of the congressional districts of this State appointed by the Governor upon the recommendation of a majority of the senators and a majority of the members of the House of Representatives comprising the legislative delegation from the district and three two members appointed from the State at-large at large upon the advice and consent of the Senate. Each representative of a congressional district must be a resident of the


Printed Page 2582 . . . . . Wednesday, April 23, 2003

congressional district he represents. In order to qualify for appointment, the representatives from the congressional districts and those appointed at large must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts or appointed at large must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered congressional district shall must be two years.

If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.

(2)   Three Two members to serve ex officio to represent the public colleges and universities appointed by the Governor with the advice and consent of the Senate. It shall is not be a conflict of interest for any a voting ex officio member to vote on matters pertaining to their his individual college or university. One member must be serving on the board of trustees of one of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public institutions of higher learning, and one member must be a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years with terms to rotate among the institutions.

(3)   One ex officio member to represent the independent colleges and universities private institutions of higher learning appointed by the Governor upon the advice and consent of the Senate. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years and shall serve as a nonvoting member.

(4)   One of the at-large member members to must serve as chairman appointed by the Governor with the advice and consent of the


Printed Page 2583 . . . . . Wednesday, April 23, 2003

Senate. This member must be appointed for a term of four years and may be reappointed for one additional term; however, he may serve only one term as chairman.

The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members Members of the commission shall serve until their successors are appointed and qualify." /
Amend the bill further, Section 59-155-10 as found in SECTION 26, lines 17 through 21, by deleting the Section in its entirety and inserting:
/   Section 59-155-10.   For purposes of this chapter only, 'research university' means:

(a)   Clemson University;

(b)   South Carolina State University;

(b)(c)   the Medical University of South Carolina; and

(c)(d)   the University of South Carolina - Columbia. /
Amend the bill further, Section 59-118-30(5) as found in SECTION 30, page 31, line 29, by inserting after / Columbia, / the following: / South Carolina State University /
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 51 to 17.

Rep. STILLE proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\11637AC03), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 41 and inserting:
/SECTION   41.   There is created the South Carolina Research Study Committee which is composed of three members to be appointed by the Speaker, three members to be appointed by the President Pro Tempore of the Senate, and three members to be appointed by the Governor, one of whom the Governor shall appoint as chairman.

This committee shall study the concept and feasibility of restructuring the research duties and responsibilities as provided for in


Printed Page 2584 . . . . . Wednesday, April 23, 2003

this act. The Study Committee shall report its findings and recommendations to the General Assembly by January 13, 2004.
SECTION   42.   Section 41 of this act takes effect upon approval by the Governor and the remaining sections take effect March 1, 2004./
Renumber sections to conform.
Amend title to conform.

Rep. STILLE explained the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

Rep. STILLE demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 16

Those who voted in the affirmative are:

Bailey                 Bales                  Barfield
Battle                 Bingham                Branham
G. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Cooper                 Cotty
Davenport              Duncan                 Edge
Emory                  Freeman                Hagood
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Jennings               Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Owens                  Perry                  Pinson
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Talley                 Thompson               Tripp
Trotter                Umphlett               White

Printed Page 2585 . . . . . Wednesday, April 23, 2003

Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Bowers                 Delleney               Frye
Govan                  Hosey                  Huggins
Martin                 McLeod                 Ott
E. H. Pitts            Sheheen                Stille
Toole                  Townsend               Walker
Weeks

Total--16

So, the amendment was tabled.

Rep. STILLE spoke against the Bill.
Rep. GOVAN spoke against the Bill.

Rep. COBB-HUNTER proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\9784SL03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-103-5 of the 1976 Code is amended to read:

"Section 59-103-5.   For purposes of this chapter only (1) 'public higher education' shall mean means state-supported education in the post-secondary field, including comprehensive and technical education; (2) 'public institution of higher learning' shall mean means any state-supported post-secondary educational institution, and shall include including technical and comprehensive educational institutions; and (3) 'private institution of higher learning' means any post-secondary educational institution that is not state supported."
SECTION   2.   Section 59-103-10 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:

"Section 59-103-10.   There is created the State Commission on Higher Education. The commission shall consist of fourteen members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three members appointed from the State


Printed Page 2586 . . . . . Wednesday, April 23, 2003

at-large at large, three representatives of the public colleges and universities institutions of higher learning, and one representative of the independent colleges and universities private institutions of higher learning of South Carolina.

The membership of the Commission on Higher Education must be as follows:

(1)   Nine members, six to represent each of the congressional districts of this State appointed by the Governor upon the recommendation of a majority of the Senators and a majority of the members of the House of Representatives comprising the legislative delegation from the district and three members appointed from the State at-large at large upon the advice and consent of the Senate. Each representative of a congressional district must be a resident of the congressional district he represents. In order to qualify for appointment, the representatives from the congressional districts and those appointed at large must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts or appointed at large must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered congressional district shall must be two years.

If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.

(2)   Three members to serve ex officio to represent the public colleges and universities appointed by the Governor with the advice and consent of the Senate. It shall is not be a conflict of interest for any a voting ex officio member to vote on matters pertaining to their his individual college or university. One member must be serving on the board of trustees of one of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public institutions of higher learning, and one member must


Printed Page 2587 . . . . . Wednesday, April 23, 2003

be a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years with terms to rotate among the institutions.

(3)   One ex officio member to represent the independent colleges and universities private institutions of higher learning appointed by the Governor upon the advice and consent of the Senate. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years and shall serve as a nonvoting member.

(4)   One at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. This member must be appointed for a term of four years and may be reappointed for one additional term; however, he may serve only one term as chairman.

The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members Members of the commission shall serve until their successors are appointed and qualify."
SECTION   1.   Section 59-103-15 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:

"Section 59-103-15.   (A)(1)   The General Assembly has determined that the mission for higher education in South Carolina is to be a global leader in providing a coordinated, comprehensive system of excellence in education by providing instruction, research, and life-long learning opportunities which that are focused on economic development and benefit the State of South Carolina.

(2)   The goals to be achieved through this mission are:

(a)   high academic quality;

(b)   affordable and accessible education;

(c)   instructional excellence;

(d)   coordination and cooperation with public education;

(e)   cooperation among the General Assembly, Commission on Higher Education, Council of Presidents of State Institutions, institutions of higher learning, and the business community;

(f)   economic growth;

(g)   clearly defined missions.


Printed Page 2588 . . . . . Wednesday, April 23, 2003

(B)   The General Assembly has determined that the primary mission or focus for each type of institution of higher learning or other post-secondary school in this State is as follows:

(1)   Research institutions universities

(a) college-level baccalaureate education, master's, professional, and doctor of philosophy degrees which lead to continued education or employment;

(b) research through the use of government, corporate, nonprofit-organization grants, or state resources, or both;

(c) public service to the State and the local community;

(a)   achieve eminence as a center of higher learning by providing instruction, research, and life-long learning opportunities which are focused on economic development and job creation and benefit the State of South Carolina;

(b) provide college-level baccalaureate education, master's, professional, and doctor of philosophy degrees which lead to continued education or employment;

(c)   promote and conduct research through the use of government, corporate, nonprofit-organization grants, and/or state resources; and

(d)   provide public service to the State and the local community.

(2)   Four-year colleges and universities

(a)   college-level baccalaureate education and selected master's degrees which lead to employment or continued education, or both, except for doctoral degrees currently being offered;

(b)   limited and specialized research;

(c)   public service to the State and the local community;

(3)   Two-year institutions - branches of the University of South Carolina

(a)   college-level pre-baccalaureate education necessary to confer associates degrees which lead to continued education at a four-year or research institution;

(b)   public service to the State and the local community;

(4)   State technical and comprehensive education system

(a)   all post-secondary vocational, technical, and occupational diploma and associate degree programs leading directly to employment or maintenance of employment and associate degree programs which enable students to gain access to other post-secondary education;


Printed Page 2589 . . . . . Wednesday, April 23, 2003

(b)   up-to-date and appropriate occupational and technical training for adults;

(c)   special school programs that provide training for prospective employees for prospective and existing industry in order to enhance the economic development of South Carolina;

(d)   public service to the State and the local community;

(e)   continue to remain technical, vocational, or occupational colleges with a mission as stated in item (4) and primarily focused on technical education and the economic development of the State."

(C)   The General Assembly has determined that the goals to be achieved by each research university through the mission as stated in 59-103-15(1) are to:

(1)   offer instruction of the highest quality to undergraduates and graduates from all walks of life;

(2)   educate men and women for the professions in certain undergraduate and in graduate programs leading to degrees in the respective profession;

(3)   secure research dollars from external sources, including federal, state, local, and private grants;

(4)   engage in research and provide innovative leadership in applicable professions;

(5)   lead in the advancement and application of knowledge through graduate study, research, and the management and transfer of intellectual property and to disseminate the results among scholars and the general public;

(6)   attract and retain eminent faculty in order to provide the highest quality of instruction and leadership in research;

(7)   seek the most able and promising students, within the State and without;

(8)   utilize research in a manner to promote economic growth and development and create jobs in the State of South Carolina and the nation;

(9)   strive for diversity in the student body and in the faculty and to promote international exchange of scholars and students;

(10)   provide for students and faculty an atmosphere conducive to fellowship and understanding and to their constructive participation in the affairs of each research university and the community at large;

(11)   expand educational opportunities for persons with special challenges such as minority status, physical disability, ethnic heritage, or insufficient financial resources;


Printed Page 2590 . . . . . Wednesday, April 23, 2003

(12)   offer to the local community, the State of South Carolina and the nation the various kinds of public service and intellectual and cultural activities which are consonant with the purposes of each of the research universities;

(13)   provide continuing education programs of the highest quality to the State and the nation;

(14)   cooperate with and assist other colleges, educational institutions, and agencies, especially in South Carolina, by making available to them the facilities of the research universities and the experience and counsel of its members so as to contribute to education in the State and beyond; and

(15)   establish new programs, schools, and degrees, and to undertake such research as the needs of the State and the nation may require.
SECTION   4.   Section 59-103-20 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read.

"Section 59-103-20.   The commission shall meet regularly and shall have the authority and responsibility for a coordinated, efficient, and responsive public higher education system in this State consistent with the missions of each type of institution as stipulated in Section 59-103-15. In meeting this responsibility and in performing its duties and functions, the commission shall coordinate and collaborate at a minimum with the Council of Presidents of State Institutions, the council of board chairs of the various public institutions of higher learning, and the business community. The commission also is charged with examining the state's public institutions of higher learning relative to both short and long-range programs and missions which include:

(a)   the role of state-supported public higher education in serving the needs of the State and the roles and participation of the individual public institutions of higher learning in the statewide program;

(b)   enrollment trends, student costs, business management practices, accounting methods, operating results and needs, and capital fund requirements;

(c)   the administrative setup and curriculum offerings of the several public institutions of higher learning and of the various departments, schools, institutes, and services within each institution these institutions and the respective relationships to the services and offerings of other public institutions of higher learning;

(d)   areas of state-level coordination and cooperation with the objective of reducing duplication, increasing effectiveness, and


Printed Page 2591 . . . . . Wednesday, April 23, 2003

achieving economies and eliminating sources of friction and misunderstanding;

(e)   efforts to promote a clearer understanding and greater unity and good will among all public institutions of higher learning, both public and private institutions of higher learning, in the interest of serving the educational needs of the people of South Carolina on a statewide level."
SECTION   5.   Section 59-103-25 of the 1976 Code is amended to read:

"Section 59-103-25.   The commission shall compile and publish legislation applicable to it so that the relationships among the commission, the governing bodies of public institutions of higher education learning, the General Assembly, and the executive branches of government may be more clearly established and understood.

The commission shall create from among its membership such standing committees as it may deem considers necessary. The creation of the committees and their duties shall must be prescribed by a two-thirds vote of the membership of the commission. Special committees may be created and their duties prescribed by a majority vote of the membership of the commission."
SECTION   6.   Section 59-103-30 of the 1976 Code, as added by Act 359 of 1996, is amended to read:

"Section 59-103-30.   (A)   The General Assembly has determined that the critical success factors, in priority order, for academic quality in the several public institutions of higher learning in this State are as follows:

(1)   Mission Focus;

(2)   Quality of Faculty;

(3)   Classroom Quality;

(4)   Institutional Cooperation and Collaboration;

(5)   Administrative Efficiency;

(6)   Entrance Requirements;

(7)   Graduates' Achievements;

(8)   User-Friendliness of the Institution;

(9)   Research Funding.

(B)   The General Assembly has determined that whether or not an a public institution of higher learning embodies these critical success factors can be measured by the following performance indicators as reflected under the critical success factors below:

(1)   Mission Focus

(a)   expenditure of funds to achieve institutional mission;


Printed Page 2592 . . . . . Wednesday, April 23, 2003

(b)   curricula offered to achieve mission;

(c)   approval of a mission statement;

(d)   adoption of a strategic plan to support the mission statement;

(e)   attainment of goals of the strategic plan.

(2)   Quality of Faculty

(a)   academic and other credentials of professors and instructors;

(b)   performance review system for faculty to include student and peer evaluations;

(c)   post-tenure review for tenured faculty;

(d)   compensation of faculty;

(e)   availability of faculty to students outside the classroom;

(f)   community and public service activities of faculty for which no extra compensation is paid.

(3)   Instructional Quality

(a)   class sizes and student/teacher ratios;

(b)   number of credit hours taught by faculty;

(c)   ratio of full-time faculty as compared to other full-time employees;

(d)   accreditation of degree-granting programs;

(e)   institutional emphasis on quality teacher education and reform.

(4)   Institutional Cooperation and Collaboration

(a)   sharing and use of technology, programs, equipment, supplies, and source matter experts within the institution, with other institutions, and with the business community;

(b)   cooperation and collaboration with private industry.

(5)   Administrative Efficiency

(a)   percentage of administrative costs as compared to academic costs;

(b)   use of best management practices;

(c)   elimination of unjustified duplication of and waste in administrative and academic programs;

(d)   amount of general overhead costs.

(6)   Entrance Requirements

(a)   SAT and ACT scores of student body;

(b)   high school class standing, grade point averages, and activities of student body;

(c)   post-secondary nonacademic achievements of student body;


Printed Page 2593 . . . . . Wednesday, April 23, 2003

(d)   priority on enrolling in-state residents.

(7)   Graduates' Achievements

(a)   graduation rate;

(b)   employment rate for graduates;

(c)   employer feedback on graduates who were employed or not employed;

(d)   scores of graduates on post-undergraduate professional, graduate, or employment-related examinations and certification tests;

(e)   number of graduates who continued their education;

(f)   credit hours earned of graduates.

(8)   User-Friendliness of Institution

(a)   transferability of credits to and from the institution;

(b)   continuing education programs for graduates and others;

(c)   accessibility to the institution of all citizens of the State.

(9)   Research Funding

(a)   financial support for reform in teacher education;

(b)   amount of public and private sector grants.

(C)   The commission, when using the critical success factors for the purpose of funding recommendations for public institutions of higher learning, is required to use objective, measurable criteria.

(D)   Critical success factors developed and used for the purpose of funding recommendations shall must be those which are directly related to the missions of the particular type of public institution of higher learning as outlined in Section 59-103-15(B) and not those factors which are not relevant to the success factors of the particular type of public institution of higher learning."
SECTION   7.   Section 59-103-35 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:

"Section 59-103-35.   (A)   All public Public institutions of higher learning shall submit annual budget requests to the commission in the manner set forth in this section. The State Board for Technical and Comprehensive Education shall submit an annual budget request to the commission representing the total requests of all area-wide technical and comprehensive educational institutions. The budget submitted by each public institution of higher learning and the State Board for Technical and Comprehensive Education must include all state funds, federal grants, tuition, and fees other than funds derived wholly from athletic or other student contests, from the activities of student organizations, from approved private practice plans, and from the operation of canteens and bookstores which may be retained by the these institutions and be used as determined by the respective


Printed Page 2594 . . . . . Wednesday, April 23, 2003

governing boards, subject to annual audit by the State. Fees established by the respective governing boards for programs, activities, and projects not covered by appropriations or other revenues may be retained and used by each the institution as previously determined by the respective governing boards, subject to annual audit by the State. The budget request for the public higher education system shall must be submitted by the commission to the Governor and appropriate standing committees of the General Assembly in conjunction with the preparation of the annual general appropriations act for the applicable year.

(B)   Supplemental appropriations requests from any a public institution of higher education learning must be submitted first to the commission. If the commission does not concur in the requests, the affected public institution of higher learning may request a hearing on the requests before the appropriate committee of the General Assembly. The commission may appear at the hearing and present its own recommendations and findings to the same committee. The provisions of this paragraph do not apply to any a capital improvement projects project funded in whole or in part prior to before July 30, 1996.

(C)   No A new program may must not be undertaken by any a public institution of higher education learning without the approval of the commission. The provisions of this chapter apply to all college parallel, transferable, and associate degree programs of technical and comprehensive education institutions. All other Other programs and offerings of technical and comprehensive education institutions are excluded from this chapter."
SECTION   8.   Section 59-103-36 of the 1976 Code is amended to read:

"Section 59-103-36.   Military students in the senior colleges and universities of this State shall must be included in the count of full-time equivalent students for the purpose of determining the appropriation of each public institution of higher learning. The Commission on Higher Education and the Budget and Control Board may make whatever audit adjustments are necessary to carry out this intent."
SECTION   9.   Section 59-103-40 of the 1976 Code is amended to read:

"Section 59-103-40.   The Commission shall establish There is established a council of presidents consisting of the presidents of the State public institutions of higher learning. The council of presidents shall appoint a chairman and such other officers and committees as it


Printed Page 2595 . . . . . Wednesday, April 23, 2003

may see fit. It shall meet at least four times a year, of which two meetings will be held jointly with the commission. The council of presidents shall establish committees consisting of qualified personnel representing the various State-supported public institutions of higher learning, either upon request of the commission or upon its own initiative, to investigate, study and report to the on such subjects as:

(a)   academic planning,

(b)   business and financial coordination,

(c)   library utilization and coordination.
SECTION   10.   Section 59-103-45 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:

"Section 59-103-45.   In addition to the powers, duties, and functions of the Commission on Higher Education as provided by law, the commission, notwithstanding any other another provision of law to the contrary, shall have the following additional duties and functions with regard to the various public institutions of higher education learning :

(1)   establish procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools;

(2)   coordinate with the State Board of Education in the approval of secondary education courses for the purpose of determining minimum college entrance requirements, and define minimum academic expectations for prospective post-secondary students, communicate these expectations to the State Board of Education, and work with the state board to ensure these expectations are met;

(3)   review minimum undergraduate admissions standards for in-state and out-of-state students;

(4)(a)   develop standards for determining how well an a public institution of higher learning has met or achieved the performance indicators for quality academic success as enumerated in Section 59-103-30, and develop mechanisms for measuring the standards of achievement of particular public institutions of higher learning. These standards and measurement mechanisms shall must be developed in consultation and cooperation with, at a minimum but not limited to, the Council of Presidents of State Institutions, the chairmen of the governing boards of the various public institutions of higher learning and the business community;

(b)   base the public higher education funding formula in part on the achievement of the standards set for these performance indicators including base-line funding for public institutions of higher learning


Printed Page 2596 . . . . . Wednesday, April 23, 2003

meeting the standards of achievement, incentive funding for public institutions of higher learning exceeding the standards of achievement, and reductions in funding for public institutions of higher learning which do not meet the standards of achievement, provided that each institution under the formula until July 1, 1999, must receive at least its fiscal year 1996-1997 formula amount;

(c)   promulgate regulations to implement the provisions of subitems (a) and (b) above and submit such these regulations to the General Assembly for its review pursuant to the Administrative Procedures Act not later than the beginning of the 1997 Session of the General Assembly.;

(d)   develop a public higher education funding formula based entirely on an institution's achievement of the standards set for these performance indicators, this formula to be used beginning July 1, 1999. This new funding formula also must be contained in regulations promulgated by the commission and submitted to the General Assembly for its review in accordance with the Administrative Procedures Act;

(5)   reduce, expand, or consolidate any a public institution of higher learning including those which do one that does not meet the standards of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30, and beginning July 1, 1999, close any a public institution of higher learning which that does not meet the standards of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30. The process to be followed for the closure, reduction, expansion, or consolidation of an a public institution of higher learning under this item (5) shall be is as promulgated in regulations of the commission which shall must be submitted to and approved by the General Assembly;

(6)   review and approve each institutional mission statement to ensure it is within the overall mission of that particular type of public institution of higher learning as stipulated by Section 59-103-15 and is within the overall mission of the State;

(7)   ensure access and equity opportunities at each public institution of higher learning for all the citizens of this State regardless of race, gender, color, creed, or national origin within the parameters provided by law."
SECTION   11.   Section 59-103-60 of the 1976 Code, as last amended by Act 359 of 1996, is further amended to read:


Printed Page 2597 . . . . . Wednesday, April 23, 2003

"Section 59-103-60.   The commission shall make such recommendations to the Governor's Office and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported public institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study, and report any requests of public institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."
SECTION   12.   Section 59-103-65 of the 1976 Code, as added by Act 359 of 1996, is amended to read:

"Section 59-103-65.   If an a public institution of higher learning beginning July 1, 1999, is closed by the commission, the institution shall must be treated as a terminated agency under Section 1-20-30 and as such must be terminated in the manner provided therein. However, any remaining funds shall not revert to the general fund as provided in Section 1-20-30 but instead shall must be reallocated to public higher education funding through use of the public higher education funding formula in the manner the commission shall provide."
SECTION   13.   Section 59-103-70 of the 1976 Code is amended to read:

"Section 59-103-70.   The commission shall make reports to the Governor and the General Assembly at least annually on the status and progress of public higher education in the State, with such appropriate recommendations as may be appropriate."
SECTION   14.   Section 59-103-90 of the 1976 Code, as last amended by Act 137 of 1995, is further amended to read:

"Section 59-103-90.   (A)   An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Employee Grievance Procedure Act of 1982 and may be dismissed without cause.

(B)   A professional staff complement shall must be established by the executive director who shall ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state-supported public institutions of higher learning in the State. Provision shall must be made for persons of high competence and strong professional experience in the areas of academic affairs,


Printed Page 2598 . . . . . Wednesday, April 23, 2003

public service and extension programs, business and financial affairs, institutional studies and long-range planning, student affairs, research and development, legal affairs, health affairs, institutional development, and for state and federal programs administered by the commission. The hiring of additional staff members to any a position for which funds were not specifically appropriated by the General Assembly shall require requires prior approval by the General Assembly."
SECTION   15.   Section 59-103-130 of the 1976 Code is amended to read:

"Section   59-103-130.   The Commission on Higher Education shall adopt guidelines whereby so that the publicly supported colleges and universities public institutions of higher learning of this State and research universities shall emphasize teaching as a career opportunity and provide students interested in a teaching career with opportunities to tutor other students."
SECTION   16.   Section 59-103-140 of the 1976 Code is amended to read:

"Section 59-103-140.   The Commission on Higher Education, in consultation with the State Board of Education, may contract with selected public or institutions of higher learning, private institutions of higher learning, colleges and universities, or groupings of such these institutions, to provide centers of excellence in programs designed to train teachers. The commission shall devise guidelines and procedures by which institutions, or groups of institutions, may apply for such these contracts by the commission. Such These guidelines and procedures shall must include participation by local schools or school districts in such the programs as may be appropriate. Funds for implementing this activity shall must be appropriated annually to the Commission on Higher Education which, in consultation with the State Board of Education, shall monitor the performance of participating institutions and may or may not elect to renew such the contracts to any an original college or university."
SECTION   17.   Section 59-103-150 of the 1976 Code is amended to read:

"Section 59-103-150.   (A)   As long as there is no impact on state appropriations and subject to approval by the governing body of the public institution of higher education learning, the institution may implement an early retirement plan for its faculty to accomplish the following objectives:

(1)   reallocate institutional resources;


Printed Page 2599 . . . . . Wednesday, April 23, 2003

(2)   provide an equitable method to increase the flexibility of the institution to effect cost-saving measures;

(3)   foster intellectual renewal;

(4)   provide increased opportunities for promotion of a younger faculty;

(5)   improve the opportunity to recruit qualified women and minorities.

(B)   An early retirement plan may include provisions for institutions to pay:

(1)   actuarial costs required by Sections 9-1-1850 and 9-11-60;

(2)   health, dental, and life insurance costs;

(3)   incentive payments;

(4)   the costs of single premium annuity plans to provide supplemental benefits."
SECTION   18.   Section 59-103-160 of the 1976 Code, as added by Act 27 of 1991, is amended to read:

"Section 59-103-160.   (A)   This section may be cited as the English Fluency in Higher Learning Act.

(B)   The following words and phrases when used in this section have the meanings given to them unless the context clearly indicates otherwise:   'Instructional faculty' means every each member of a public institution of higher learning whose first language is not English, other than visiting faculty but including graduate teaching assistants, who teaches one or more undergraduate credit courses at a campus of that institution within this State except:

(1)   courses that are designed to be taught predominately in a foreign language;

(2)   student participatory and activity courses such as clinics, studios, and seminars;

(3)   special arrangement courses such as individualized instruction and independent study courses; and

(4)   continuing education courses.

(C)   Each public institution of higher learning shall establish policies to:

(1)   ensure that the instructional faculty whose second language is English possess adequate proficiency in both the written and spoken English language. Student and faculty input is required in establishing these policies.

(2)   provide students with a grievance procedure regarding an instructor who is not able to write or speak the English language.


Printed Page 2600 . . . . . Wednesday, April 23, 2003

(D)(1)   Each public institution of higher learning must submit its policy or amendments to the Commission on Higher Education within six months from the effective date of this section. Any amendments Amendments to the policy must be promptly forwarded to the commission. The commission shall notify the chairmen of the Senate and House Education Committees of those institutions not submitting plans and any an amendment to the commission.

(2)   Each public institution of higher learning must report annually to the Commission on Higher Education and the chairmen of the Senate and House of Representatives Education Committees grievances filed by students under the requirement of pursuant to subsection (C)(2) and the disposition of those grievances."
SECTION   19.   Section 59-103-165 of the 1976 Code, as added by Act 271 of 1992, is amended to read:

"Section 59-103-165.   The Commission on Higher Education is directed to work with the state's public institutions of higher education learning and private institutions of higher education which learning that wish to participate, to develop information packages for eighth grade students and their parents on the options of post-secondary education available in South Carolina, the courses required to attend colleges and universities, and the financial requirements and assistance available for students pursuing additional education after high school.

During 1991-92, the commission shall develop the information packages, and to the extent that funds are appropriated by the General Assembly, pilot-test the program in a number of school districts. The commission shall report to the Senate Education Committee and the Education and Public Works Committee of the House on the pilot-testing."
SECTION   20.   Section 59-103-170 of the 1976 Code, as added by Act 271 of 1992, is amended to read:

"Section 59-103-170.   (A)   After pilot-testing, the Commission on Higher Education shall work with this state's public institutions of higher education learning and private higher education institutions of higher learning wishing to participate, to provide annually for the State's eighth grade students and their parents or guardians small group and one-on-one counseling on required high school courses and post-secondary options, financial requirements, and assistance available for a post-secondary education. These sessions must be held at each of the State's public schools which house an eighth grade class. The counseling may be provided during a week declared to be


Printed Page 2601 . . . . . Wednesday, April 23, 2003

'Education Options Week' or at another time convenient to the school and the cooperating institution of higher education learning.
(B) The annual sessions will be phased-in over two years and by school year 1993-94 will be in the individual schools in accordance with Sections 59-103-165 through 59-103-190."
SECTION   21.   Section 59-103-180 of the 1976 Code, as added by Act 271 of 1992, is amended to read:

"Section 59-103-180.   The State Board of Education, the State Department of Education and the State's public school districts and schools shall cooperate with the Commission on Higher Education, and the public and private institutions of higher education learning in providing the counseling and shall assist in any manner considered appropriate by them. The schools shall make special efforts to ensure that as many students and parents or guardians as possible are made aware of the opportunity, are urged to attend the sessions, and receive the information."
SECTION   22.   Section 59-103-190 of the 1976 Code, as added by Act 271 of 1992, is amended to read:

"Section 59-103-190.   The businesses and industries of this State are requested to provide the opportunity to their employees with children in the eighth grade to attend the counseling sessions and to cooperate with institutions of higher education learning in presenting at the worksite small group and one-on-one counseling on required high school courses, post-secondary options, financial requirements, and assistance for post-secondary education."
SECTION   23.   Section 59-103-195 of the 1976 Code, as added by Act 1 of 1999, is amended to read:

"Section 59-103-195.   The State Commission on Higher Education shall have has review authority in order to determine the legitimacy and appropriateness of the tasting requirements pursuant to Sections 20-7-8920 and 20-7-8925. The commission shall also shall establish reasonable rules and restrictions through regulation, as appropriate, with regard to any a proposed course of instruction in the culinary arts which any a private or public institution of higher learning or research university desires to offer to students under twenty-one years of age in which the tasting of beer, ale, porter, wine, or other similar malt or fermented beverage or alcoholic liquor is required. Unless approved by the commission, no such this course and no a student under twenty-one years of age enrolled in such this course shall does not qualify for the exceptions provided under Sections 20-7-8920, 20-7-8925, 61-6-4070, or 61-4-90. A course of instruction on


Printed Page 2602 . . . . . Wednesday, April 23, 2003

bartending or any a similar curriculum does not qualify for exception or approval by the commission under this section."
SECTION   24.   Chapter 103, Title 59 of the 1976 Code is amended by adding:

"Section 59-103-220.   The Commission on Higher Education, the State Board for Technical and Comprehensive Education and public and private institutions of higher learning including comprehensive and technical education shall cooperate and collaborate to better educate and serve the citizens of South Carolina and the nation, while also recognizing the unique roles of each entity."

Section 59-103-240.   A research university may spend federal and other nonstate appropriated sources of revenue to provide lump-sum bonuses at levels outlined in a plan approved by the governing body of the respective research university and according to guidelines established in the plan. The research university must maintain documentation to show that the use of federal funds for this purpose is in compliance with federal law. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to the respective retirement systems.

Section 59-103-250.   A research university may offer educational fee waivers to no more than four percent of the total student body.

Section 59-103-260.   Notwithstanding another provision of law, and in recognition and support of the opportunities for economic development presented through the expansion of research activities, a research university may establish research grant positions funded by federal grants, public charity grants, private foundation grants, research grants, medical school practice plans, individual private gifts, externally generated revenue for service or testing activities, and grant generated revenue or a combination of these, without regard to the authorized number of full-time equivalency (FTE) positions allocated to the research university, provided that:

(1)   state funds must not be used to fund any portion of research grant positions. FTE positions funded solely or partially by state or other funding sources shall remain subject to the number of FTE positions authorized for each research university;

(2)   research grant positions shall not occupy FTE positions;

(3)   research grant positions may be established using other funds during the proposal development or pre-award stages of grant funding in anticipation of specific grant or project funding;


Printed Page 2603 . . . . . Wednesday, April 23, 2003

(4)   research grant positions may be established for multiple years; however, research grant positions are limited to and may not exist beyond the duration of the funding for the project or grant or any subsequent renewal. At the discretion of the research university other funds may be used to fund continued employment between the expiration of one grant and the subsequent renewal of the same or similar grant or the award of an additional grant. When funding for the project or grant ends or is insufficient to continue payments under the conditions of the project or grant, research grant employees must be terminated and such positions shall cease to exist. Research grant employees are exempt from the provisions of Sections 8-17-310 through 8-17-380;

(5)   persons occupying research grant positions may be eligible for all benefits, not to exceed those benefits available to covered state employees, provided that funds are available within the grant or project or by use of grant-generated revenue;

(6)   persons occupying research grant positions are employed at-will and do not have grievance rights afforded to covered state employees or faculty of the respective research university. Research grant employees are not entitled to compensation beyond the date of termination, other than for the part of the project or grant that has been performed; and

(7)   discretionary determinations by a research university as to whether to hire an employee pursuant to this section are final and not subject to administrative or judicial appeal.

Section 59-103-270.   A research university may offer and fund, from any source of revenue, health insurance to full-time graduate assistants according to a plan approved by the governing body of the respective research university."

Section 59-103-280. A joint legislative committee to study the governance structure of higher education in South Carolina is established as follows:

(1)   Four members of the committee shall be appointed by the Speaker of the House of Representatives from that body and four members shall be appointed by the President Pro Tempore of the Senate from that body. Four members of the committee shall be appointed by the Governor. Four additional members shall be appointed by the Governor from the state's public higher education sectors including: one of whom must be a member of the Commission on Higher Education, one of whom must be an institutional representative of the research universities, one of whom must be an


Printed Page 2604 . . . . . Wednesday, April 23, 2003

institutional representative of the four-year comprehensive universities and one of whom must be a representative of the State Board of Technical and Comprehensive Education and technical colleges. A chairman shall be elected from among the membership of the committee. The committee shall be convened no later than August 1, 2003.

(2)   The committee shall:

(a)   conduct a comprehensive review of the governance structure of higher education in South Carolina;

(b)   examine.

(i)     the issues surrounding appropriate governance for the state's public institutions of higher learning (research universities, four-year comprehensive teaching universities, two-year branches of the University of South Carolina, and technical colleges) that will best provide and promote the education of the state's citizenry and economic development in benefit to the state.

(ii)   any other matters the committee considers necessary or appropriate relevant to the structure of higher education in South Carolina.

(3)   The Commission on Higher Education, the staff of the public institutions of higher education and legislative staff shall cooperate fully with the committee including providing staff support and other in-kind resources as requested by the committee.

(4)   The committee shall conclude its work and issue its final report by January 15, 2004. The final report shall be submitted to the Governor, House Education and Public Works Committee and the Senate Education Committee. Upon submission of its final report, the committee shall be dissolved.

(5)   Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of the General Assembly to be paid from approved accounts of the appointing bodies.
SECTION   25.   Section 11-35-710 of the 1976 Code as last amended by Act 264 of 2000, is further amended by adding an appropriately numbered item at the end:

"( )   The construction of a facility on land owned or occupied by a research university, as defined in Section 11-51-30 and 59-103-15, where the land is under an initial lease to a third party for a term of at least fifteen but not more than forty years, provided that:

(a)   the third party is not a foundation or eleemosynary organization affiliated with the research universities;


Printed Page 2605 . . . . . Wednesday, April 23, 2003

(b)   the lease of the land from the research university to the third party complies with the State Leasing Procedures of the South Carolina Budget and Control Board;

(c)   public funds are not used in the construction of the facility;

(d)   there is no obligation on the research university to lease space in the facility;

(e)   if the research university decides to lease space in the facility, the lease of space complies with the State Leasing Procedures of the South Carolina Budget and Control Board; and

(f)   at or before the end of the term of the land lease, and at the discretion of the research university with approval of the South Carolina Budget and Control Board, construction on the land will be turned over to the research university or the land restored to a developable condition."
"( ) Construction of a facility under the provisions of this section is not subject to review and approval by the Commission on Higher Education.
SECTION   26.   Title 11 of the 1976 Code is amended by adding:

"CHAPTER 51
State General Obligation Economic Development and Research University Bond Act,

Section 11-51-10.   This chapter may be cited as the 'State General Obligation Economic Development and Research University Bond Act'.

Section 11-51-20.   As incident to this chapter, the General Assembly finds that:

(1)   Article X, Section 13, subsection (5) of the Constitution of this State, 1895, authorizes the General Assembly to authorize general obligation debt by two-thirds vote of the members of each House of the General Assembly, subject to such conditions or restrictions limiting the incurring of such indebtedness contained in the authorization to incur such indebtedness, and the provisions of Article X, Section 13, subsection (3) of the Constitution of this State.

(2)   Facility and infrastructure constraints prevent the advancement of research projects at Research Universities as well as restrict the ability of the Research Universities to retain faculty and generate research dollars. A dedicated source of funds to repay general obligation debt authorized pursuant to this chapter would provide a consistent funding stream for capital improvements at the Research Universities and allow for improved planning of capital expenditures to meet the mission of the Research Universities.


Printed Page 2606 . . . . . Wednesday, April 23, 2003

(3)   In order to advance economic development within the State and create a knowledge based economy, thereby increasing job opportunities, and to facilitate and increase research and economic development within the State, it is in the interest of the State that, pursuant to Article X, Section 13, subsection (5) of the Constitution of this State, the General Assembly authorizes the issuance of general obligation debt of the State, subject to the restrictions and limitations contained herein.

Section 11-51-30.   As used in this chapter:

(1)   'Department' means the State Department of Commerce.

(2) 'Research Centers of Excellence Review Board' means the board created pursuant to Section 2-75-10.

(3)   'Economic development infrastructure' must relate specifically to the economic development project and means:

(a)   land acquisition;

(b)   site preparation;

(c)   road and highway improvements;

(d)   rail spur construction;

(e)   water service;

(f)   wastewater treatment;

(g)   employee training which may include equipment used for such purpose;

(h)   environmental mitigation; and

(i)     training and research facilities and the necessary equipment for them.

(4)   'Economic development investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.

(5)   'Economic development project' means a project as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.

(6)   'Facilities and administration costs' means depreciation and use allowances, interest on debt associated with buildings, equipment and capital improvements, operation and maintenance expenses, library


Printed Page 2607 . . . . . Wednesday, April 23, 2003

expenses, general administration expenses, departmental administration, sponsored projects administration, and student administration and services.

(7)   'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a project of the sponsor or a related person. A related person includes an entity or a person that bears a relationship to the sponsor as described in Section 267 of the Internal Revenue Code of 1986. Full time means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of sponsor operations or a job requiring a minimum of thirty-five hours of an employee's time a week for a year if the employee was hired initially for or transferred to the project. Two half-time jobs are considered one full-time job. A half-time job is a job requiring a minimum of twenty hours of an employee's time a week otherwise meeting the full-time job requirements.

(8)   'Research infrastructure project' means a project that would advance economic development and create a knowledge based economy, thereby increasing job opportunities, or facilitate and increase externally funded research at the Research Universities including, but not limited to, land acquisition, acquisition or construction of buildings, equipment, furnishings, site preparation, road and highway improvements, water and sewer infrastructure, and other things necessary or convenient to advance economic development or to facilitate and increase research at the Research Universities.

(9)   'Research Universities' means Clemson University, the Medical University of South Carolina, and the University of South Carolina - Columbia.

(10)   'Sponsor' means a sole proprietor, partnership, corporation of a classification, limited liability company, or association taxable as a business entity or a combination of these entities.

(11)   'State Board' means the South Carolina State Budget and Control Board.

(12)   'State general obligation economic development and research university bonds' or 'economic development bonds' or 'research university bonds' or 'bonds' means general obligation bonds, notes and other evidences of indebtedness of this State issued under the authority of and pursuant to the provisions of this chapter and secured in whole


Printed Page 2608 . . . . . Wednesday, April 23, 2003

or in part by a pledge of the full faith, credit, and taxing power of the State.

Section 11-51-40.   To obtain funds for allocation to the department for financing of economic development infrastructure and for allocation to the Research Universities for the financing of research infrastructure projects, there may be issued from time to time state general obligation economic development and research university bonds under the conditions prescribed by this chapter.

Section 11-51-50.   Pursuant to the provisions of Article X, Section 13, subsection (5) of the Constitution of the State of South Carolina, 1895, the General Assembly authorizes the issuance of state general obligation economic development and research university bonds of the State for the purpose of providing economic development infrastructure and research infrastructure projects; provided, however, that the maximum annual debt service on the state general obligation economic development and research university bonds does not exceed one-half of one percent of the general fund revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for State Highway Bonds and State Institution Bonds.

Section 11-51-60.   Before issuing state general obligation economic development and research university bonds for economic development infrastructure, the department shall notify the Joint Bond Review Committee and the State Budget and Control Board of the following:

(1)   the amount then required for allocation to the department to defray the costs of the proposed economic development infrastructure;

(2)   a description of the economic development infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each economic development project to benefit from the expenditure of the proceeds of the bonds consists of an investment in the State of not less than four hundred million dollars and creates no fewer than four hundred new jobs;

(3)   a tentative time schedule setting forth the period of time during which the sum requested is to be expended;

(4)   a debt service table showing the annual principal and interest requirements for outstanding state general obligation economic development and research university bonds; and

(5)   the total amount of state general obligation economic development and research university bonds issued.

Section 11-51-70.   (A)   The authority to issue state general obligation economic development and research university bonds


Printed Page 2609 . . . . . Wednesday, April 23, 2003

pursuant to this chapter for the purpose of funding research infrastructure projects expires ten years after the effective date of this act.

(B)   In the event the research infrastructure projects authorized and provided for pursuant to the provisions of this chapter are utilized for purposes other than those purposes originally authorized, the Research University utilizing such research infrastructure project will be required to assume responsibility for and pay the remaining debt service on the research university bonds issued for such original purpose.

(C)   As a condition precedent to the issuance of research university bonds pursuant to the provisions of this chapter, the Research Centers of Excellence Review Board must certify to the State Board that at least fifty percent of the cost of the research infrastructure project is being provided by private, federal, municipal, county, or other local government sources. This portion of the cost, in the discretion of the Research Centers of Excellence Review Board, may be in the form of cash, cash equivalent, buildings including sale-leaseback, gifts in kind including but not limited to land, roads, water and sewer, and maintenance of infrastructure, facilities and administration costs, equipment, or furnishings.

(D)   Before the issuance of research university bonds, the Research Centers of Excellence Review Board shall provide the State Board and the Joint Bond Review Committee with notification of the following:

(1)   a description of the research infrastructure project for which research university bonds are requested to be issued;

(2)   a certification by the Research Centers of Excellence Review Board that the provisions of subsection (C) have been met, that the source of funding has been identified, and that the research infrastructure project complies with the provisions of this chapter;

(3)   the total cost of the research infrastructure project and the principal amount of the research university bonds requested to be issued;

(4)   a tentative time schedule setting forth the period of time during which the proceeds of such research university bonds requested to be issued will be expended;

(5)   a debt service schedule showing the annual principal and interest requirements, at a projected current rate of interest, on the requested research university bonds;


Printed Page 2610 . . . . . Wednesday, April 23, 2003

(6)   the total amount of state general obligation economic development and research university bonds issued pursuant to this chapter; and

(7)   a debt service schedule showing the principal and interest requirements for state general obligation economic development and research university bonds outstanding and the proposed research university bonds at a projected current rate of interest.

(E)   The principal amount of the research university bonds must be issued to each of the Research Universities on a competitive basis by the Research Centers of Excellence Review Board.

Section 11-51-80.   Following the receipt of the notification presented pursuant to either Section 11-51-60 or Section 11-51-70, and after approval by the Joint Bond Review Committee, the State Board, by resolution duly adopted, shall effect the issuance of the bonds, or pending the issue of the bonds, effect the issuance of bond anticipation notes pursuant to Chapter 17 of this title.

Section 11-51-90.   To effect the issuance of bonds, the State Board shall adopt a resolution providing for the issuance of state general obligation economic development and research university bonds. The authorizing resolution must include:

(1)   a determination by the State Board that the issuance of the proposed bonds will not cause a withdrawal or reduction of the state's credit ratings;

(2)   a schedule showing the aggregate principal amount of state general obligation economic development and research university bonds issued, the annual principal and interest payments required to retire the bonds;

(3)   the principal amount of bonds requested to be issued;

(4)   a schedule showing future annual principal requirements and estimated annual interest requirements at a projected current rate of interest on the bonds to be issued;

(5)   if applicable, a certificate evidencing that the provisions of Section 11-51-70(C) of this chapter have been or will be met; and

(6)   a certificate of the State Auditor as to the general fund revenues of the State for the fiscal year next preceding, excluding revenues pledged to the payment of State Highway Bonds and State Institution Bonds.

Section 11-51-100.   The bonds must bear the date and mature at the time that the State Board resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be


Printed Page 2611 . . . . . Wednesday, April 23, 2003

payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Board before its issue. The bonds may bear interest payable at the times and at the rates determined by the State Board.

Section 11-51-110.   Bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.

Section 11-51-120.   Bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer. The Governor and State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each bond and each bond must be attested by the Secretary of State. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 11-51-130.   For the payment of the principal of and interest on bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of this State, and in accordance with the provisions of Section 13(4), Article X of the Constitution of this State, 1895, the General Assembly allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the bonds authorized by this chapter.

Section 11-51-140.   Bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of a summary notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The purchase of the bonds may be awarded upon the terms and in the manner as prescribed by the State Treasurer at a price of not less than ninety-nine percent of par plus accrued interest to the date of delivery. The right is reserved to reject bids and to re-advertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Treasurer may do things ordinarily and customarily done in connection with the sale of state or municipal bonds. Expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 11-51-150.   The proceeds of the sale of bonds must be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, may be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds. The purchasers of


Printed Page 2612 . . . . . Wednesday, April 23, 2003

the bonds in no way are liable for the proper application of the proceeds to the purposes for which they are intended.

Section 11-51-160.   It is lawful for executors, administrators, guardians, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.

Section 11-51-170.   The proceeds received from the issuance of bonds, after deducting the costs of issuance, must be expended only for the purposes for which the bonds were issued."
SECTION   27.   Chapter 41, Title 11 of the 1976 Code is repealed.
SECTION   28.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 54; Nays 35

Those who voted in the affirmative are:

Bales                  Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Davenport              Delleney               Edge
Emory                  Hagood                 Harrell
Harrison               Herbkersman            Hinson
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Mahaffey               McCraw
McGee                  Miller                 Owens
Perry                  M. A. Pitts            Quinn
Rice                   Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Talley
Thompson               Tripp                  Trotter

Printed Page 2613 . . . . . Wednesday, April 23, 2003

Vaughn                 Viers                  White
Wilkins                Witherspoon            Young

Total--54

Those who voted in the negative are:

Bailey                 Bowers                 Branham
Breeland               R. Brown               Clyburn
Cobb-Hunter            Freeman                Frye
Govan                  Harvin                 Hayes
J. Hines               Hosey                  Howard
Lucas                  Mack                   McLeod
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Parks                  Pinson
E. H. Pitts            Rhoad                  Scott
Sheheen                J. E. Smith            Stille
Toole                  Townsend               Umphlett
Walker                 Weeks

Total--35

So, the amendment was tabled.

Rep. SHEHEEN proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\20543SD03), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 1 - 38 and inserting:
/SECTION   1.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 110
South Carolina College and
University Board of Regents

Section 59-110-10.   In order to foster the development of a coordinated system of higher education, to improve the quality of education, to extend its benefits, and to encourage an economical use of the state's resources, the South Carolina system of higher education is redefined in accordance with the provisions of this chapter.

Section 59-110-20.   As used in this chapter, unless the context clearly requires otherwise:

(1)   'Board' means the South Carolina College and University Board of Regents.


Printed Page 2614 . . . . . Wednesday, April 23, 2003

(2)   'Board of Trustees' means the board of trustees or governing board or commission of a constituent institution.

(3)   'Constituent institution' or 'institution' means those public institutions of higher learning defined by Section 59-103-5.

Section 59-110-30.   There is created a South Carolina College and University Board of Regents, which is known as the 'State Board of Regents' and which is a body corporate and politic and which by that name has the power to:

(1)   have perpetual succession;

(2)   sue and be sued in the corporate name;

(3)   have a common seal and to alter it at pleasure;

(4)   make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any buildings that are considered by it as surplus property or not further needed and any buildings that it may need to do away with for the purpose of making room for other construction. However, the board does not have the power to sell or otherwise dispose of any real estate, other than buildings, except with the consent of the General Assembly;

(5)   elect from its membership for two-year terms a chairman, vice-chairman, and secretary of the board to serve until their successors have been elected and qualify. However, no person may serve as chairman for more than four years in succession;

(6)   take, demand, receive, and possess all monies, goods, and chattels that may be given for the use of a constituent institution and to apply the same according to the will of the donors;

(7)   receive, possess, enjoy, and retain forever by gift, purchase, or devise all real and personal estate and funds of any kind, nature, or quality in special trust and confidence that the same, or the profits from them, must be applied to and for the use and purpose of establishing and endowing the constituent institutions;

(8)   do all things which usually are done by bodies corporate and politic or anything necessary for the promotion of learning and virtue.

Section 59-110-40.   (A)   The Board of Regents shall be composed of fifteen members. Two members shall be elected by the General Assembly from each congressional district with no two members from a congressional district being from the same county. These members shall be elected for terms of four years each and until their successors are elected and qualify, except that of those members first elected, one-half shall be elected for terms of two years each with the initial


Printed Page 2615 . . . . . Wednesday, April 23, 2003

terms of all members to be designated by the General Assembly when conducting the elections.

Three members shall be appointed by the Governor to serve for terms coterminous with his term of office. Vacancies in all seats shall be filled by election or appointment in the same manner of original election or appointment for the remainder of the unexpired term.

(B)   No person elected or appointed to the board or any member of his immediate family may be employed by or be a member of the governing body of any constituent institution for a period of five years immediately preceding his election or appointment to the Board of Regents.

Section 59-110-50.   (A)   All members of the board must be chosen for their interest in, and their ability to contribute to the fulfillment of, the purposes of the board and all members are charged with the responsibility of serving the best interests of the State. In selecting members, the objective must be to obtain the services of the best qualified citizens of the State, taking into consideration the need for representation on the board by the different races, sexes, and political parties.

(B)   Each member of the board shall receive mileage, subsistence, and per diem as is allowed for members of state boards, committees, and commissions.

(C)   The board shall select from its membership a vice chairman and such other officers as it considers necessary from among its members to serve for terms of one year each in these capacities.

Section 59-110-60.   The board shall meet at stated times established by the board, but not less frequently than six times a year. A quorum for the conduct of business consists of a majority of the members.

Section 59-110-70.   The board has the power to appoint from its membership committees which are clothed with any powers the board may confer which are consistent with law. No committee may reverse a decision concerning any policy taken by the board at a regular meeting.

Section 59-110-80.   The functions, duties, and responsibilities include:

(1)   The board shall plan and develop a coordinated system of higher education in South Carolina. The board shall govern the constituent institutions, subject to the powers, duties, and responsibilities granted in this chapter to the boards of trustees of the institutions, and the board shall maintain close liaison with the


Printed Page 2616 . . . . . Wednesday, April 23, 2003

constituent institutions, the State Board of Education, and any other committee, board, commission, or agency which serves the purpose of fostering education in South Carolina. The board, in consultation with representatives of the private colleges and universities of this State, shall prepare and revise a long-range plan for a coordinated system of higher education, supplying copies of the plan to the Governor, the members of the General Assembly, the members of the State Budget and Control Board, and the constituent institutions.

(2)   The board is responsible for the general determination, control, supervision, management, and governance of all affairs of the constituent institutions. For this purpose, the board may adopt and promulgate any policies and regulations it considers wise.

(3)   The board shall determine the functions, educational activities, and academic programs of the constituent institutions. The board also shall determine the types of degrees to be awarded by the constituent institutions. The powers granted in this chapter to the board are not restricted by any provision of law assigning specific functions, duties, or responsibilities to designated institutions, and the powers granted in this chapter to the board are superior to the provision. After adequate notice and after giving the board of trustees or a governing body of a constituent institution an opportunity to be heard, the board is authorized to withdraw approval of an existing program if it appears that the program is unproductive, excessively costly, or unnecessarily duplicative.

(4)   The board shall approve the establishment of any new publicly supported institution of higher education.

(5)   The board shall set tuition and required fees at the institutions not inconsistent with any action of the General Assembly.

(6)   The board shall set enrollment levels at the constituent institutions.

(7)   The board shall develop, prepare, and present to the Governor, the General Assembly, and the State Budget and Control Board a budget for each constituent institution. In preparing this budget, the board shall consult specifically with the constituent institution involved.

(8)   The board shall render advice and make recommendations concerning education to the Governor and General Assembly on an annual basis or more frequently if requested by the Governor or the General Assembly.

Section 59-110-90.   All property of whatever kind and all rights and privileges held by the boards of trustees or governing bodies of the


Printed Page 2617 . . . . . Wednesday, April 23, 2003

constituent institutions as the property, rights, and privileges may exist immediately before the effective date of this chapter are transferred to and assumed by the board. Any property, real or personal or mixed, held immediately before the effective date of this chapter by a board of trustees of a constituent institution for the benefit of that institution must be kept separate and distinct from other properties held by the board, must continue to be held for the benefit of the institution that was previously the beneficiary, and must continue to be held subject to the provisions of the respective instruments, grants, or other means of process by which any property was acquired. Nothing contained in this chapter increases or diminishes the income, other revenue, or specific property which is pledged or otherwise hypothecated for the security or liquidation of any obligation. The board shall assume the obligations without either enlarging or diminishing the rights of the holders of the obligations.

Section 59-110-100.   Under this chapter, each board of trustees or governing body of a constituent institution has the powers and duties to:

(1)   promote the sound development of the institution within the functions prescribed for it, helping it to serve the State in a way that will complement the activities of the other constituent institutions and aiding it to perform at a high level of excellence in every area of endeavor;

(2)   serve as advisor to the State Board of Regents on matters pertaining to the institution;

(3)   appoint a chairman of the board of trustees or governing body and other officers necessary to assist the members of the board of trustees or governing body in their duties;

(4)   appoint, with the advice and consent of the Board of Regents, a college president, treasurer, and secretary and, with the advice and consent of the Board of Regents, to prescribe their duties and terms of office;

(5)   make bylaws and regulations for the management of its institution's affairs and operation not inconsistent with policies of the Board of Regents or with any provision of law. Bylaws and regulations must be approved by the Board of Regents before becoming effective;

(6)   confer degrees upon students and other persons who meet the standards set by the Board of Regents;

(7)   perform any other function delegated to it by the Board of Regents, which function may not by inconsistent with law;


Printed Page 2618 . . . . . Wednesday, April 23, 2003

(8)   perform any function enumerated in the statutes governing the board of trustees' or governing body's existence, as long as the function has not been granted to the Board of Regents by this chapter.

Section 59-110-110.   To the extent that any regulation or other provision of law is inconsistent with this chapter or confers powers on other bodies inconsistent with the powers conferred on the Board of Regents, the provisions of this chapter prevail and apply."
SECTION   2.   All persons who, as of the effective date of Chapter 110, Title 59 of the 1976 Code are serving as trustees or members of the governing body of constituent institutions, as defined in that chapter, shall continue to serve as provided by the applicable provisions of law governing their institutions. Their successors must be elected in the manner and at the time prescribed by the provisions of law governing their institutions.
SECTION 3.   (A)   On July 1, 2003, the duties, powers, and responsibilities of the State Commission on Higher Education and the State Board for Technical and Comprehensive Education not inconsistent with the duties, powers, and responsibilities conferred upon the South Carolina College and University Board of Regents under Chapter 110 of Title 59, are devolved upon the South Carolina College and University Board of Regents.

(B)   On July 1, 2003, Sections 59-53-10 and 59-103-10 of the 1976 Code are repealed. /
Amend further, as and if amended, by striking SECTION 39 and inserting:
/ SECTION   39.   Title 11 of the 1976 Code is amended by adding:

"CHAPTER 51

State General Obligation Economic Development and Research College and University Bond Act

Section 11-51-10.   This chapter may be cited as the 'State General Obligation Economic Development and Research College and University Bond Act'.

Section 11-51-20.   As incident to this chapter, the General Assembly finds:

(1)   That by Section 4, Act 10 of 1985, the General Assembly ratified an amendment to Article X, Section 13(6)(c), Constitution of this State, 1895. One amendment in Article X, Section 13(6)(c) limits the issuance of general obligation debt of the State such that maximum annual debt service on general obligation bonds of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five percent of the general revenues


Printed Page 2619 . . . . . Wednesday, April 23, 2003

of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.

(2)   Article X, Section 13(6)(c), as amended, further provides that the percentage rate of general revenues of the State by which general obligation bond debt service is limited may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.

(3)   In order to foster economic development within the State and the advancement of research projects at the colleges and universities, as defined in Section 11-51-30, by providing the necessary funds to defray the costs of certain infrastructure and facilities, as defined in Section 11-51-30, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure and facilities for:

(a)   economic development within the State; and

(b)   the advancement of the colleges and universities.

Section 11-51-30.   As used in this chapter:

(1)   'Bonds' means state general obligation economic development bonds and state general obligation research college and university bonds.

(2)   'Department' means the State Department of Commerce.

(3)   'Economic development project' means a project as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.

(4)   'Economic development infrastructure' must relate specifically to, but is not required to be located on, the economic development project and means:

(a)   land acquisition;

(b)   site preparation;

(c)   road and highway improvements;

(d)   rail spur construction;

(e)   water service;


Printed Page 2620 . . . . . Wednesday, April 23, 2003

(f)   wastewater treatment;

(g)   employee training which may include equipment used for this purpose;

(h)   environmental mitigation; and

(i)     training and research facilities and the necessary equipment for them.

(5)   'Economic development investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.

(6)   'Facilities and administration costs' means depreciation and use allowances, interest on debt associated with buildings, equipment and capital improvements, operation and maintenance expenses, library expenses, general administration expenses, departmental administration, sponsored projects administration, and student administration and services.

(7)   'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a project of the sponsor or a related person. A related person includes an entity or a person that bears a relationship to the sponsor as described in Section 267 of the Internal Revenue Code of 1986. Full time means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of sponsor operations or a job requiring a minimum of thirty-five hours of an employee's time a week for a year if the employee was hired initially for or transferred to the project. Two half-time jobs are considered one full-time job. A half-time job is a job requiring a minimum of twenty hours of an employee's time a week otherwise meeting the full-time job requirements.

(8)   'Board of Regents' means the board created pursuant to Section 59-110-40.

(9)   'Research infrastructure project' means a project that would advance economic development and create a knowledge based economy, thereby increasing job opportunities, or facilitate and increase externally funded research at the colleges and universities, including, but not limited to, land acquisition, acquisition or construction of buildings, equipment, furnishings, site preparation, road


Printed Page 2621 . . . . . Wednesday, April 23, 2003

and highway improvements, water and sewer infrastructure and other things necessary or convenient to advance economic development or to facilitate and increase research at the colleges and universities.

(10)   'Colleges and universities' means those higher education institutions defined in Section 59-103-5.

(11)   'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity or a combination of these entities.

(12)   'State general obligation economic development bonds' or 'economic development bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provision of this chapter in order to defray the cost of economic development infrastructure.

(13)   'State general obligation research college and university bonds' or 'research college and university bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provisions of this chapter in order to defray the cost of research infrastructure projects.

Section 11-51-40.   To obtain funds for allocation to the department for financing of infrastructure, there may be issued from time to time bonds under the conditions prescribed by this chapter.

Section 11-51-50.   Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that the maximum annual debt service on general obligation bonds of the State, including economic development bonds and research college and university bonds, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must not have outstanding general obligation bonds, excluding economic development bonds and research college and university bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, the maximum annual debt service on which exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.

Section 11-51-60.   The maximum annual debt service on bonds issued pursuant to this chapter may not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding,


Printed Page 2622 . . . . . Wednesday, April 23, 2003

excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.

Section 11-51-70.   Before issuing economic development bonds, the department shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:

(1)   a statement of the amount then required for allocation to the department to defray the costs of the proposed economic development infrastructure;

(2)   a description of the economic development infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each economic development project to benefit from the expenditure of the proceeds of the economic development bonds consists of an economic development investment in the State of at least four hundred million dollars and at least four hundred new jobs;

(3)   a tentative time schedule setting forth the period of time during which the sum requested is to be expended;

(4)   a debt service table showing the annual principal and interest requirements for the state general economic development bonds and the state general obligation research college and university bonds then outstanding; and

(5)   a statement of the total amount of the State general economic development bonds and the state general obligation research college and university bonds issued.

Section 11-51-80.   (A)   As a condition precedent to the issuance of research college and university bonds pursuant to the provisions of this chapter, the board shall certify to the State Budget and Control Board that at least fifty percent of the cost of such research infrastructure project is being provided by private, federal, municipal, county, or other local government sources. This portion of the cost may, in the discretion of the board, be in the form of cash; cash equivalent; buildings including sale-lease back; gifts in kind including, but not limited to, land, roads, water and sewer, and maintenance of infrastructure; facilities and administration costs; equipment; or furnishings.

(B)   Before the issuance of research college and university bonds, the board shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:

(1)   a description of the research infrastructure project for which research college and university bonds are requested to be issued;


Printed Page 2623 . . . . . Wednesday, April 23, 2003

(2)   a certification by the board that the provisions of subsection (A) have been met, that the source of funding has been identified, and that the research infrastructure project complies with the provisions of this chapter;

(3)   the total cost of the research infrastructure project and the principal amount of the research college and university bonds requested to be issued;

(4)   a tentative time schedule setting forth the period of time during which the proceeds of the research college and university bonds requested to be issued will be expended;

(5)   a debt service schedule showing the annual principal and interest requirements, at a projected current rate of interest, on the requested research college and university bonds;

(6)   the total amount of the state general obligation economic development and research college and university bonds issued pursuant to this chapter; and

(7)   a debt service schedule showing the principal and interest requirements for the state general obligation economic development and research college and university bonds outstanding and the proposed research college and university bonds at a projected current rate of interest.

Section 11-51-90.   Following the receipt of the notification presented either pursuant to Section 11-51-70 or Section 11-51-80 and after approval by the Joint Bond Review Committee, the State Budget and Control Board, by resolution duly adopted, shall effect the issue of economic development bonds and research college and university bonds, or pending the issue of the bonds, effect the issue of bond anticipation notes pursuant to Chapter 17 of this title.

Section 11-51-100.   To effect the issuance of bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of economic development bonds and research college and university bonds pursuant to the provisions of this chapter. The authorizing resolution must include:

(1)   a schedule showing the aggregate of bonds issued, the annual principal payments required to retire the bonds, and the interest on the bonds;

(2)   the amount of bonds proposed to be issued;

(3)   a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds to be issued; and

(4)   certificates evidencing that the provisions of Sections 11-51-50 and 11-51-60 of this chapter have been or will be met.


Printed Page 2624 . . . . . Wednesday, April 23, 2003

Section 11-51-110.   The bonds must bear the date and mature at the time that the resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issue. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.

Section 11-51-120.   Bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.

Section 11-51-130.   Bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, State Treasurer, and Secretary of State may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 11-51-140.   For the payment of the principal and interest on bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of this State, and in accordance with the provisions of Section 13(4), Article X of the Constitution of this State, 1895, the General Assembly allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.

Section 11-51-150.   Bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of a summary notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds may be awarded upon the terms and in the manner as prescribed by the State Treasurer. The right is reserved to reject bids and to readvertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Treasurer may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. Expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 11-51-160.   The proceeds of the sale of bonds must be received by the State Treasurer and applied by him to the purposes for


Printed Page 2625 . . . . . Wednesday, April 23, 2003

which issued, except that the accrued interest, if any, may be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds are not liable for the proper application of the proceeds to the purposes for which they are intended.

Section 11-51-170.   It is lawful for all executors, administrators, guardians, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.

Section 11-51-180.   The proceeds received from the issuance of bonds, after deducting the costs of issuance, must be expended only for the purpose of providing infrastructure or of defraying the cost of research infrastructure projects.

In the event a research infrastructure project is used for a purpose other than as approved in by the board pursuant to Section 11-51-80(B)(2), the college or university for which such research infrastructure project was originally established shall reimburse the State a percentage of debt service on the research college and university bonds issued to finance the debt, the percentage to be equal to the percentage of the research infrastructure project which is used for an unapproved purpose. Amounts reimbursed to the State pursuant to this section must be applied, as directed by the State Budget and Control Board, to the debt service on the applicable bonds, either currently or by way of defeasance, or to the general fund of the State."/
Amend further, as and if amended, by adding after SECTION 39 appropriately numbered SECTIONS to read:
/SECTION   ____.   Upon the effective date of Chapter 51 of Title 11 of the 1976 Code, as added by Section 39 above, Chapter 41, Title 11 of the 1976 Code is repealed.
SECTION   ____.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /


Printed Page 2626 . . . . . Wednesday, April 23, 2003

Renumber sections to conform.
Amend title to conform.

Rep. SHEHEEN explained the amendment.
Rep. WALKER spoke in favor of the amendment.

Rep. HARRELL moved to table the amendment.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 27

Those who voted in the affirmative are:

Bailey                 Bales                  Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Cotty                  Delleney               Duncan
Edge                   Emory                  Hagood
Harrell                Harrison               Hayes
Herbkersman            Hinson                 Jennings
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Lucas
Mahaffey               McCraw                 McGee
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Owens
Perry                  E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Sandifer               Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            Talley                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Viers
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--66

Those who voted in the negative are:

Bowers                 Branham                Breeland
R. Brown               Clyburn                Cobb-Hunter

Printed Page 2627 . . . . . Wednesday, April 23, 2003

Davenport              Freeman                Frye
Govan                  J. Hines               Hosey
Littlejohn             Loftis                 Mack
Martin                 McLeod                 Moody-Lawrence
J. H. Neal             Parks                  Pinson
Scott                  Sheheen                J. E. Smith
Stille                 Townsend               Walker

Total--27

So, the amendment was tabled.

Rep. MCLEOD moved to commit the Bill to the Committee on Education and Public Works.

Rep. HARRELL moved to table the motion, which was agreed to.

Rep. HARRELL explained the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 84; Nays 10

Those who voted in the affirmative are:

Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Cooper
Cotty                  Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Hagood                 Harrell
Harrison               Harvin                 Hayes
Herbkersman            J. Hines               Hinson
Howard                 Jennings               Keegan
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               McCraw                 McGee
Merrill                Miller                 J. H. Neal

Printed Page 2628 . . . . . Wednesday, April 23, 2003

J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            Quinn
Rhoad                  Rice                   Sandifer
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Talley
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--84

Those who voted in the negative are:

Frye                   Hosey                  Martin
McLeod                 M. A. Pitts            Scott
Sheheen                Stille                 Townsend
Walker

Total--10

So, the Bill, as amended, was read the second time and ordered to third reading.

STATEMENT FOR THE JOURNAL

The Second Morrill Act of August 30, 1890 set into motion the legislative beginnings of the federal process that established the creation of South Carolina State University as "the Colored Normal, Industrial, Agricultural and Mechanical College of South Carolina."

The Second Morrill Act set forth two compliance provisions that defined the land grant support of South Carolina State University, and other like Colleges, "for the benefit of agriculture and the mechanical arts established under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two." These provisions were:
1. that a portion of money received as a result of the 1862 and 1890 Morrill Acts be used for providing courses for the special preparation of instructors for teaching elements of agriculture and the mechanical arts; and
2. that an "equitable division" of State support for a separate white and colored College be provided, with both Colleges


Printed Page 2629 . . . . . Wednesday, April 23, 2003

3. being "entitled to the same benefits" as provided under the provisions of the 1862 and 1890 Morrill Acts. 4.

The 1862 Morrill Act set forth the establishment of Clemson University as "the White Normal, Industrial, Agricultural and Mechanical College of South Carolina."

The fulfillment of these two compliance provisions would satisfy the federal requirement under both Morrill Acts. This meant the equitable funding support and growth of two land grant Colleges in the State of South Carolina. However, the fulfillment of these compliance provisions have never been implemented on equitable or equal terms in funding support and growth impact in programs and development for South Carolina State University within the State of South Carolina.

For Clemson University, the State of South Carolina has matched federal dollars since its inception as a land grant that today equate to more than sixty million dollars annually. For 102 years, the compliance provisions of "equitable division" and "benefits" have not been completely fulfilled. Yet, as Clemson University, South Carolina State University's land grant status endowed it with a tripartite mission of teaching, research, and extension service, as authorized in the First Morrill Act (1862), the Hatch Act (1887) and the Smith-Lever Act (1914).

If South Carolina State University had received the same "equitable" support as Clemson University, its growth programmatically and developmentally would parallel the same benefits that Clemson University, the University of South Carolina and the Medical University of South Carolina as Research Universities have achieved over the years.

Of the Comprehensive Universities so defined by the Commission on Higher Education, South Carolina State University is the only one that is both a comprehensive University and a land grant University whose history is a mission of teaching, research and life-long learning as provided under the federal legislation of land grant designation, under the provisions of the 1862 and 1890 Morrill Acts, the Hatch Act of 1887 and the Smith-Lever Act of 1914. To deny South Carolina State University Research University designation is to continue a historical pattern or unfair and unequal treatment.
Rep. Jerry Govan

RECURRENCE TO THE MORNING HOUR

Rep. TROTTER moved that the House recur to the Morning Hour, which was agreed to.


Printed Page 2630 . . . . . Wednesday, April 23, 2003

MESSAGE FROM THE SENATE

The following was received:

April 23, 2003
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Horry County Master-in-Equity
Term Commencing: July 31, 2003
Term Expiring: July 31, 2009
Seat: Master-in-Equity

Initial Appointment
The Honorable James Stanton Cross, Jr.
Post Office Box 1236
Conway, South Carolina 29528
843-915-5310

Very respectfully,
President
Received as information.

S. 208--COMMITTEE OF CONFERENCE APPOINTED

The following was received:

Columbia, S.C., April 23, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 208:

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO


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AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND

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PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.
and asks for a Committee of Conference and has appointed Senators Moore, Alexander and Waldrep of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. CATO, SANDIFER and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4023 (Word version) -- Reps. Cooper, Cato, White and Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REMOVE THE "EARLE MORRIS HIGHWAY" MARKERS OR SIGNS WHICH WERE PLACED ON THAT PORTION OF SOUTH CAROLINA HIGHWAY 153 WHICH CONNECTS SECONDARY HIGHWAY 190 IN ANDERSON COUNTY WITH SOUTH CAROLINA HIGHWAY 123 IN PICKENS COUNTY.
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 600 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PUT UP EXIT AND DIRECTIONAL SIGNS ON APPROPRIATE EXITS OFF OF INTERSTATE 20 AND INTERSTATE 26 IN LEXINGTON COUNTY AND PAY ALL COSTS FROM LEXINGTON COUNTY "C" FUNDS, SO AS TO PROVIDE EXIT INFORMATION AND DIRECTIONS TO THE LEXINGTON COUNTY MUSEUM.
Ordered for consideration tomorrow.


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Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4029 (Word version) -- Reps. Witherspoon, Barfield, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG SOUTH CAROLINA HIGHWAY 65 IN HORRY COUNTY "JAMES E. FLEMING BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JAMES E. FLEMING BRIDGE."
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4024 (Word version) -- Reps. Clemmons, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF NEW INTERSTATE HIGHWAY 73 IN HORRY COUNTY AS THE ASHBY WARD MEMORIAL HIGHWAY IN HONOR OF THE LATE ASHBY WARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE AT THE TIME OF HIS DEATH, AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "ASHBY WARD MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS


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NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4040 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF RALSTON E. SMITH OF TURBEVILLE ON FRIDAY, MARCH 7, 2003, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4041 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO CONGRATULATE MR. DWAYNE HOWELL OF TURBEVILLE ON BEING NAMED THE 2002-2003 SOUTH CAROLINA ATHLETIC ADMINISTRATORS ASSOCIATION'S CLASS A ATHLETIC DIRECTOR OF THE YEAR, TO COMMEND HIM ON HIS HARD WORK AND DEDICATION TO EAST CLARENDON HIGH SCHOOL, AND TO WISH HIM EVERY SUCCESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. SIMRILL, with unanimous consent, the following was taken up for immediate consideration:

H. 4042 (Word version) -- Reps. Simrill, Clyburn, Davenport, Delleney, Haskins, Martin, Moody-Lawrence, J. H. Neal, D. C. Smith, J. R. Smith and Stille: A CONCURRENT RESOLUTION TO PROCLAIM MAY 1, 2003, AS "NATIONAL DAY OF PRAYER" IN SOUTH CAROLINA AND TO URGE OUR STATE'S CITIZENS TO JOIN TOGETHER IN


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THEIR HOMES, PLACES OF WORK, AND PLACES OF WORSHIP TO PRAY FOR THE UNITY OF THE HEARTS OF ALL MANKIND AND TO CONTINUE IN PRAYER FOR OUR STATE AND OUR NATION.

Whereas, National Days of Prayer have been part of our country's heritage since the first one was declared by the Continental Congress in 1775; and

Whereas, leaders of our nation have relied upon the power of prayer throughout American history; and

Whereas, especially since September 11, 2001, millions of Americans have been led to prayer. They have prayed for comfort in a time of grief, for understanding in a time of anger, and for protection in a time of uncertainty; and

Whereas, May 1, 2003, marks the fifty-second consecutive observance of the National Day of Prayer, as mandated by both houses of Congress and by our President in Public Law 100-307; and

Whereas, it is good that we acknowledge that we are all God's handiwork, and that it is appropriate to call upon Him in prayer; and

Whereas, the theme for the 2003 National Day of Prayer is "Righteousness Exalts a Nation...but sin is a disgrace to all people"; and

Whereas, the General Assembly, by this resolution, expresses its strong support for the "National Day of Prayer" and calls on all the citizens of South Carolina to join in its observance on May 1, 2003. Now, therefore,

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

That the members of the General Assembly proclaim May 1, 2003, as "National Day of Prayer" in South Carolina and urge our State's citizens to join together in their homes, places of work, and places of


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worship to pray for the unity of the hearts of all mankind and to continue in prayer for our State and our Nation.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4043 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE DREHER HIGH SCHOOL ACADEMIC DECATHLON TEAM AND THE TEAM'S COACHES, CHRISTINA MURPHY AND LINDA WILLIAMS, OF COLUMBIA ON WINNING THE 2003 ACADEMIC DECATHLON STATE CHAMPIONSHIP TITLE, TO COMMEND THEM FOR THEIR HARD WORK AND COMPETITIVE SPIRIT, AND TO WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 652 (Word version) -- Senators Knotts, Ford, Malloy and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO QUICKLY APPROPRIATE HOMELAND SECURITY FUNDS NECESSARY TO PROTECT THE HEALTH OF EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL, TO URGE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SECURE FEDERAL FUNDING AND ADVANCE BIOTERRORISM PREPAREDNESS AID FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ENSURE THAT EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL RECEIVE


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CERTAIN RECOMMENDED VACCINATIONS, AND TO ENSURE THAT SUPPLIES OF CERTAIN VACCINES ARE AVAILABLE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4044 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 9-1-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE STATE RETIREMENT SYSTEM; AND SECTION 9-11-150, AS AMENDED, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER WHO ELECTED A RETIREMENT OPTION THAT INCLUDED AN ADVANCE OF HIS FEDERAL SOCIAL SECURITY BENEFITS WHICH IS NO LONGER OFFERED AS A RETIREMENT OPTION MAY CHANGE THIS ELECTION ON A ONE-TIME BASIS TO ANY OTHER RETIREMENT OPTION NOW OFFERED, AND TO PROVIDE THAT IN ADDITION TO OTHER BENEFIT ADJUSTMENTS REQUIRED TO REFLECT THE MEMBER'S NEW ELECTION, THE REVISED BENEFIT ALLOWANCE SHALL BE ADJUSTED TO REFLECT AN ACTUARIAL RECOUPMENT OF THE FEDERAL SOCIAL SECURITY BENEFITS PREVIOUSLY ADVANCED PLUS SPECIFIED INTEREST.
Referred to Committee on Ways and Means

H. 4045 (Word version) -- Reps. Govan, Bailey, R. Brown, Freeman, Littlejohn, Lloyd, Mack, Mahaffey, Moody-Lawrence, J. H. Neal, Pinson, Sinclair and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-195 SO AS TO ESTABLISH THE MEDICATION ASSISTANCE TO SENIORS (MATS) PROGRAM IN THE DIVISION ON AGING, DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ASSIST LOW INCOME SENIORS WITH OBTAINING PRESCRIPTION DRUGS FROM MANUFACTURERS' PHARMACEUTICAL ASSISTANCE PROGRAMS, TO PROVIDE FOR THE POWERS AND DUTIES OF THE DIVISION IN


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IMPLEMENTING THIS PROGRAM, TO PROVIDE THAT THE IMPLEMENTATION OF THE PROGRAM IS SUBJECT TO THE AVAILABILITY OF FUNDING; AND TO PROVIDE THAT MATS IS NOT AN ENTITLEMENT PROGRAM AND IF THERE ARE INSUFFICIENT FUNDS TO ASSIST ALL ELIGIBLE INDIVIDUALS, THE DIVISION MAY DEVELOP A WAITING LIST PRIORITIZED BY CRITERIA ESTABLISHED BY THE DIVISION.
Referred to Committee on Ways and Means

H. 4046 (Word version) -- Reps. Moody-Lawrence, Clyburn, J. Brown, R. Brown, Cobb-Hunter, Gourdine, Hosey, Lee, Lloyd, Mack, Martin and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-105 SO AS TO PROHIBIT ANY STATE AGENCY FROM PAYING DIFFERENT WAGES FOR COMPARABLE WORK AND SKILLS BASED UPON GENDER AND TO REQUIRE RETROACTIVE REIMBURSEMENT FOR A VIOLATION.
Referred to Committee on Ways and Means

H. 4047 (Word version) -- Rep. Koon: A BILL TO AMEND SECTION 58-5-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.
Referred to Committee on Labor, Commerce and Industry

H. 4048 (Word version) -- Reps. J. R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Battle, Branham, G. Brown, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis, Lucas, McGee, Miller, Owens, Perry, Pinson, E. H. Pitts, Quinn, Rice, Sandifer, Simrill, Sinclair,


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Skelton, D. C. Smith, W. D. Smith, Snow, Stewart, Talley, Thompson, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Wilkins, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTABLE RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2004.
Referred to Committee on Ways and Means

H. 4049 (Word version) -- Reps. Breeland, Moody-Lawrence, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE A TASK FORCE TO STUDY TOBACCO USE PREVENTION PROGRAMS, AND MAKE RECOMMENDATIONS ON WAYS TO IMPROVE THE DELIVERY OF SERVICES RELATED TO THESE PROGRAMS, AND TO REQUIRE THE TASK FORCE TO REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2004, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4050 (Word version) -- Reps. Loftis, R. Brown, Cato, Ceips, Coates, Davenport, Duncan, Freeman, Frye, Herbkersman, Koon, Ott, Perry, Pinson, M. A. Pitts, Stewart, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-130 SO AS TO PROVIDE THAT A PUBLIC


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WATER SYSTEM WITH A PROFESSIONAL ENGINEER ON STAFF AND WHICH HAS A GENERAL CONSTRUCTION PERMIT MAY CONSTRUCT A LINE EXTENSION THAT SERVES OR MAY SERVE MORE THAN ONE CONSUMER.
Referred to Committee on Labor, Commerce and Industry

H. 4051 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1335, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A "CRAB POT" FOR COMMERCIAL PURPOSES IN AND AROUND PAWLEY'S ISLAND IN GEORGETOWN COUNTY, SO AS TO DELETE REFERENCES TO "CRAB POT" AND SUBSTITUTE "BLUE CRAB TRAP", TO DELETE REFERENCES TO SETTING "CRAB POTS" OR CATCHING CRABS WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK BY MEANS OTHER THAN A "CRAB POT" FOR PERSONAL CONSUMPTION, TO INCLUDE PROHIBITION OF THE USE OF BLUE CRAB TRAPS FOR COMMERCIAL PURPOSES WITHIN CERTAIN WATERS OF DEBORDIEU CREEK AND THE SAMPIT RIVER IN GEORGETOWN COUNTY AND LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY; AND TO REPEAL SECTION 50-5-1340 RELATING TO THE COMMERCIAL USE OF "CRAB POTS" IN LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4052 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR MORE POLITICAL SUBDIVISIONS AUTHORIZED TO PROVIDE THE WATER OR SEWER SERVICE DIRECTLY, AND TO FURTHER PROVIDE THAT THIS CONTINUATION OF WATER


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OR SEWER SERVICE MUST BE APPROVED BY THE COUNTY BOARD BY RESOLUTION.
Referred to Committee on Judiciary

H. 4053 (Word version) -- Reps. Clyburn, Hosey, Limehouse and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-880, SO AS TO REQUIRE ALL STATE SECONDARY HIGHWAY SYSTEM ROADS, STREETS, AND HIGHWAYS TO HAVE CENTER LINES OR RAISED PAVEMENT MARKERS DIVIDING OPPOSING TRAFFIC.
Referred to Committee on Education and Public Works

H. 4054 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING ARTICLE 8 SO AS TO PROVIDE NEW DEFINITIONS USED IN THE ARTICLE, PROVIDE FOR CERTAIN CIVIL ACTIONS BY PERSONS AGGRIEVED BY A VIOLATION OF THIS ARTICLE, PROVIDE FOR DAMAGES THAT MAY BE RECOVERED, TO REVISE CERTAIN OFFENSES RELATING TO THEFT OF COMMUNICATION SERVICES, AND TO REVISE CERTAIN PENALTIES FOR VIOLATIONS OF THIS ARTICLE.
Referred to Committee on Judiciary

H. 4055 (Word version) -- Rep. Harrison: 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 TERMS OF TWO YEARS; BY ADDING SECTION 7-5-25 SO AS TO PROVIDE THAT MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARD OF REGISTRATION AND ELECTIONS WHOSE COMMISSIONS DO NOT COMPLETE OR MAKE SATISFACTORY PROGRESS TOWARD COMPLETING CERTIFICATION AND TRAINING REQUIREMENTS MUST BE REMOVED FROM OFFICE BY THE GOVERNOR; BY ADDING ARTICLE 2 TO CHAPTER 13, TITLE 7 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


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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 7-13-470 SO AS TO REQUIRE A REFERENDUM ON THE QUESTION OF RAISING THE MILLAGE LIMIT OF A GOVERNING BODY MUST BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER OF 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 7-13-1885 SO AS TO REQUIRE THE ENTITY CHARGED BY LAW WITH CONDUCTING THE ELECTION TO REPORT THE AGGREGATE NUMBER OF ELECTORS SIGNING THE POLL LIST TO THE STATE ELECTION COMMISSION; 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 7-15-480 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; 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 SHALL PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING

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CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; 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 BEFORE 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.
Referred to Committee on Judiciary

Rep. FREEMAN moved that the House do now adjourn, which was agreed to.


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ADJOURNMENT

At 6:00 p.m. the House, in accordance with the motion of Rep. F. N. SMITH, adjourned in memory of Deputy Antonio Sapinoso of Greenville, who was killed in the line of duty, to meet at 10:00 a.m. tomorrow.

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