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


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Thursday, May 27, 2004
(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 Proverbs 8:4: "To you, O people, I call, and My cry is to all that live."
Let us pray. Wise God, instill in us the desire to utilize Your wisdom for the betterment of Your world. Give us ears to hear, eyes to see, and hands and feet to serve. Empower these people to use all the assets You have given to fulfill the mission before them. May they do it with integrity and the desire to serve. Grant comfort to Ken Clark and his family on the loss of his mother-in-law. Grant our President, Governor, and their staff Your blessings and peace. Shield our defenders of freedom from all harm and comfort those at home. Hear our prayer, O God. Amen.

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

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

MOTION ADOPTED

Rep. D. C. SMITH moved that when the House adjourns, it adjourn in memory of Mrs. Pansy Martin of Swansea, mother-in-law of Representative Clark, which was agreed to.

H. 4481--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4481 (Word version) -- Reps. Ceips, Harvin, Altman, G. M. Smith, Vaughn, Weeks, Clark, Gilham, Walker, Duncan, Coates, Stille, Bailey, Haskins, Richardson, Mahaffey, Lourie, Loftis, Lloyd, Leach, Keegan, Hinson, Herbkersman, Young, Wilkins, Umphlett, Snow, J. E. Smith,


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Skelton, Scarborough, Sandifer, Rivers, M. A. Pitts, Harrell, Edge, Cotty, G. Brown, Chellis, J. Brown and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES, AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO AUTHORIZE TWENTY-FIVE MILLION DOLLARS IN STATE GENERAL OBLIGATION BONDS FOR FUNDING OF THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT IN ORDER TO PROVIDE ASSISTANCE TO DEFENSE COMMUNITIES IN THIS STATE TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE.

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

REPORT OF STANDING COMMITTEE

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 891 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH


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AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1272 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF OPEN GOVERNMENT IN SOUTH CAROLINA, TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT, TO ENCOURAGE PARTICIPATION IN SUNSHINE SUNDAY, AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS SPONSORSHIP AND PROMOTION OF OPEN GOVERNMENT WEEK, AND TO DESIGNATE SEPTEMBER 19-25 AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA".

Whereas, the General Assembly has declared in the Freedom of Information Act "that it is vital in a democratic society that public business be performed in an open and public manner so that citizens shall be advised of the performance of public officials and of the decisions that are reached in public activity and in the formulation of public policy"; and

Whereas, the Freedom of Information Act was enacted in 1978 and has provided a means whereby citizens and their representatives may learn and report fully the activities of their public officials at a minimum cost or delay; and

Whereas, the courts of South Carolina have consistently recognized that the purpose of the General Assembly in adopting the Freedom of


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Information Act was to prevent secret government action at all levels of government in this State; and

Whereas, Sunday, September 19, 2004 has been proposed as "Sunshine Sunday"; and September 19-25, 2004 has been proposed as "Open Government Week"; and

Whereas, the South Carolina Press Association is sponsoring and promoting "Sunshine Sunday" and "Open Government Week"; and

Whereas, it is proper and fitting for the members of the General Assembly to pause in their deliberations to salute open government, express appreciation to the South Carolina Press Association for its promotion of "Sunshine Sunday" and "Open Government Week", and to declare Sunday, September 19, 2004 as "Sunshine Sunday" and September 19-25, 2004 "Open Government Week" in celebration of democracy. Now, therefore,

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

That the members of the General Assembly, by this resolution, reaffirm their commitment to open government, recognize the importance of the Freedom of Information Act in accomplishing open government, express gratitude to the South Carolina Press Association, designate Sunday, September 19, 2004 as "Sunshine Sunday" and September 19-25, 2004 as "Open Government Week in South Carolina" and encourage all citizens to participate in activities commemorating our open, democratic government.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Press Association.

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. 1273 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE MARY FINLEY BABB OF


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EASLEY UPON HER RETIREMENT AS ASSISTANT SUPERINTENDENT FOR INSTRUCTION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, 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.

INTRODUCTION OF BILLS

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

S. 1193 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF MCCORMICK COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN MCCORMICK COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
On motion of Rep. PARKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1194 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF EDGEFIELD COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN EDGEFIELD COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
On motion of Rep. CLYBURN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Branham
Breeland               J. Brown               R. Brown

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Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Duncan                 Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 27.

Thayer Rivers                     Douglas Jennings
Bill Cotty                        Olin Phillips
Tracy Edge                        H.B. "Chip" Limehouse
Seth Whipper                      G. Murrell Smith
William Bowers                    Joseph Neal

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Todd Rutherford                   Brenda Lee
Ralph Davenport                   Grady Brown
Richard Quinn                     Alex Harvin

Total Present--122

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION

Rep. WILKINS presented to the House the Greenville High School "Red Raiders" Boys Varsity Soccer Team, the Class AAA Champions, their coaches and other school officials.

SPEAKER IN CHAIR

SPECIAL PRESENTATION

Reps. PINSON, M. A. PITTS and PARKS presented to the House the Greenwood Christian School Varsity Girls Soccer Team, the South Carolina Independent School Association Region AA Champions, and their coaches.

SPECIAL PRESENTATION

Reps. PINSON, M. A. PITTS and PARKS presented to the House the Cambridge Academy Tennis Team, the South Carolina Independent School Association Class A Champions, and their coaches.

SPECIAL PRESENTATION

Rep. LOURIE presented to the House the A. C. Flora High School Golf Team, the 2004 Class AAA Champions, their coach and other school officials.


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SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

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

ORDERED ENROLLED FOR RATIFICATION

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

S. 682 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.

S. 1133 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.


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RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.

S. 1156 (Word version) -- Senator O'Dell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 34 SO AS TO ENACT THE SOUTH CAROLINA IMMUNIZATION REGISTRY ACT WHICH PROVIDES FOR AN ELECTRONIC REPOSITORY OF VACCINATION RECORDS TO BE USED IN AIDING CHILDHOOD DISEASE PREVENTION AND CONTROL.

H. 5210--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5210 (Word version) -- Reps. Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Rutherford, Scott and J. E. Smith: A BILL TO ENACT THE RICHLAND COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN RICHLAND COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE


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FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF RICHLAND COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN RICHLAND COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN RICHLAND COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.

Rep. LITTLEJOHN proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22727HTC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered penultimate section in Part III to read:
/   SECTION   _____.   Chapter 10 of Title 4 of the 1976 Code is amended by adding:

"Article 4
South Carolina School Districts Property Tax Relief Act

Section 4-10-400.   This act may be cited as the South Carolina School Districts Property Tax Relief Act.

Section 4-10-405.   For purposes of this article, the following terms and words are defined as follows:

(A)   'Board of Trustees' means the governing body of a school district.

(B)   'County' means a county within which the sales and use tax authorized by this article is imposed.

(C)   'County Auditor' means the county auditor of the county.

(D)   'County Treasurer' means the county treasurer of the county.

(E)   'Election authority' means the authority charged with the conduct of countywide elections within the county.


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(F)   'School district' means a school district located wholly or partially in a county.

Section 4-10-410.   Subject to the requirements of this article, there may be imposed a one percent sales and use tax within a county for the distribution to the school districts located wholly or partially therein. The proceeds of the tax must be distributed to the school districts as provided in this article. The board of trustees of a school district, before the expenditure of the proceeds of the tax authorized by this article, must by resolution determine the specific purposes for which the proceeds of the tax distributed to that school district must be expended. However, in any case the proceeds only must be applied to reduce ad valorem property taxes imposed to pay debt service on general obligation bonds of that school district issued prior to or following a referendum authorized in Section 4-10-420 of this article, or otherwise defray the cost of capital improvements within that school district.

Section 4-10-420.   (A)   The tax authorized by this article may be imposed within a county upon the adoption of an approving resolution by the boards of trustees of each school district, and the subsequent approval of the imposition of the tax by referendum open to all qualified electors residing in the county.

The approving resolutions must specify the same period, stated in calendar years, not to exceed seven years, for which the tax must be imposed, the date upon which the referendum is held, the precincts and polling places for the referendum, and the question to appear on the referendum ballot. The approving resolutions, upon adoption, must be forwarded to the election authority. The referendums required by this article may only be conducted in even-numbered years at the same time as the general election or on the first Tuesday following the first Monday in November in odd-numbered years. The referendum must be conducted in the precincts and polling places established pursuant to law for the county in which the referendum is held.

(B)   Each board of trustees of a school district must include in its resolution adopted pursuant to this section a description of the capital improvements and general obligation bonds to which sales and use tax proceeds allocated to that school district will be applied. Such descriptions may be noted on the ballot at the option of the board of trustees, but in any case shall be binding upon the school district.

(C)   Upon receipt of approving resolutions from the boards of trustees of all school districts, the election authority shall conduct a referendum on the question of imposing the tax in the county. Notice of


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the election must be provided in the manner provided by the general election law and include the question to be voted upon in the referendum. Expenses of the referendum must be paid by the school districts, proportionally according to the number of persons residing in each school district who are registered to vote in the county.

(D)   The ballot to be voted upon in the referendum must read substantially as follows:

"PROPERTY TAX RELIEF ACT
REFERENDUM FOR COUNTY _________

Must a special one percent sales and use tax be imposed in _____ County for not more than ____ years with the revenue of the tax used to pay debt service on general obligation bonds of, or directly to defray the cost of capital improvements for, or both of these purposes, the (number) school districts (as further described below) in _____County?
Yes   ?
No     ?"

The ballot may contain a short explanation of the question to be voted upon in this referendum.

(E)   Upon receipt and certification of the returns of the referendum, the election authority shall by resolution certify the results of the referendum by resolution and within ten days thereafter file the resolution with the clerk of court for the county and with the South Carolina Department of Revenue. The result of the referendum, as declared by resolution of the election authority and as filed with the clerk of court, is not open to question except by a civil action instituted in the county within twenty days of the filing of the resolution. If a majority of the total votes cast are in favor of imposing the tax, then the tax is imposed as provided in this act; otherwise the tax is not imposed. A referendum within a county on the imposition of the tax authorized in this article must not be held on a Saturday and must not be held more than once in a period of twelve consecutive months.

Section 4-10-430.   (A)   If the tax is approved in the referendum, the tax must be imposed beginning upon the first day of the fourth full month following the filing of the declaration of results of the referendum with the Department of Revenue.

(B)   The tax terminates upon the earlier of:

(1)   the final day of the maximum time specified for the imposition; or

(2)   sixty days following the filing with the Department of Revenue of certified copies of resolutions adopted by the boards of


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trustees of each of the school districts, each requesting termination of the tax.

Section 4-10-440.   (A) The tax levied pursuant to this article must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The Department of Revenue may prescribe the amounts which may be added to the sales price because of the tax.

(B)   The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of the sales in the county which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. The gross proceeds of the sale of food which may lawfully be purchased with United States Department of Agriculture food coupons are exempt from the tax imposed by this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Chapter 36 of Title 12.

(C)   Taxpayers required to remit use taxes under Chapter 36 of Title 12 shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.

(D)   Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.

(E)   A taxpayer subject to the tax imposed by Section 12-36-920 who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.

(F)   The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this article in the county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.

(G)   Notwithstanding the imposition date of the sales and use tax authorized pursuant to this article, with respect to services that are regularly billed on a monthly basis, the sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.


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Section 4-10-450.   (A)   The revenues of the sales and use tax collected under this article must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues monthly to the county treasurer for the benefit of the school districts in the amounts established in accordance with subsection (B) of this section. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.

(B)   The State Treasurer shall distribute proceeds of the tax, less amounts attributable to refunds and administration as provided in subsection (A) of this section to the county treasurer and thereafter by the county treasurer to the school districts located in the county in direct proportion to the one hundred thirty-five-day average daily membership of each of the school districts for the fiscal year immediately preceding that in which a distribution is made, as certified by the State Treasurer upon advice of the State Department of Education. For purposes of this section, the one hundred thirty-five-day average daily membership excludes any student not residing in the county.

(C)   Except as provided in Section 4-10-460, withdrawals by the school districts of tax proceeds from the county treasurer must be made in the same manner as are funds appropriated to the school districts by the State. Pending these withdrawals, taxes must be deposited in accounts for each school district, separate and distinct from accounts established for any other purpose, and investment earnings derived from monies in such an account must be credited to the account. Each school district shall maintain records which demonstrate that tax proceeds are spent only for the purposes as approved by its board of trustees and in accordance with this article.

(D)   The proceeds of the sales and use tax paid to the county treasurer for the benefit of that school district must be applied only for the purposes set forth in the resolution adopted pursuant to Section 4-10-420.

Section 4-10-460.   (A)   If a school district has provided in its resolution adopted pursuant to Section 4-10-420 that any portion of the proceeds of the sales and use tax allocated to it shall be applied to debt service on general obligation bonds, such school district shall notify the county treasurer in writing no later than the first day of August of each


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year of the amount of sales and use taxes to be applied to offset the debt service millage levy for such general obligation bonds. The amount so specified must not exceed the amount of sales and use tax proceeds held by the county treasurer for that school district as of the June thirtieth immediately preceding such first day of August. The notice applies only to debt service payments to be made in the eighteen-month period following that June thirtieth.

Upon receipt of notice from a school district pursuant to this section, the county treasurer shall certify to the county auditor, by the fifteenth day of August of the amount of sales and use taxes designated by the school district for application to general obligation bond debt service payments. The county auditor shall reduce the next levy of property taxes required to pay debt service on such general obligation bonds by the amount of sales and use tax revenues certified as held by the county treasurer and designated by the school district for the purpose. This amount of sales and use taxes thereafter must not be released to the school district, but must be held by the county treasurer to pay debt service on general obligation bonds. However, any sales and use taxes held by the county treasurer in excess of the amounts designated by the school district for payment of debt service on such general obligation bonds must be expended as directed by the school district in accordance with this article. Any investment earnings derived from the sales and use tax must be expended as directed by the school district in accordance with this article. Any sales and use taxes allocated to a school district and not required to accomplish the purposes described in the resolution of such school district adopted pursuant to Section 4-10-420 may be applied to debt service on any general obligation bonds of such school district. With respect to a school district situated in more than one county, the requirements of this section with respect to the reduction of millage levied for general obligation bonds apply with respect to the auditor and treasurer of each county in which the school district is located, and the levy of millage for debt service within a school district shall in all instances be uniform.

(B)   If the school district presents the county treasurer with a surety bond or letter of credit from a financial institution which is rated in one of the two highest rating categories by two national ratings agencies, the county treasurer may treat the amount available under such surety as if it were taxes held by the county treasurer and shall provide the certificate called for in the foregoing paragraph to the auditor by including the amount available under the surety or letter of


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credit so long as such amount is not in excess of ninety percent of the actual sales and use taxes allocated to the school district in the prior fiscal year, or which would have been allocated if the sales and use tax had been in force for all of such prior fiscal year. The county auditor shall reduce the next levy of ad valorem property taxes required to pay debt service on bonds to which the tax is applicable by the amount so certified by the county treasurer. In the event the sales and use taxes thereafter allocated to the school district are less than the amount required to pay debt service on bonds during the eighteen-month period established in Section 4-10-460(A), the county treasurer shall draw upon such surety to provide for timely payment of such general obligation bonds. The costs of such surety, including any reimbursements for payments thereon, are deemed to be part of the debt service requirements for such general obligation bonds covered by such surety and may be paid from amounts available in the fund created in accordance with Section 4-10-460(A). Any reimbursement to the financial institution providing such surety may be paid from such fund from taxes collected in the year after any draw.

Section 4-10-470.   The Department of Revenue, the State Department of Education, and the county auditor shall furnish data to the State Treasurer and to the school districts receiving tax revenues pursuant to this article for the purpose of calculating distributions and estimating revenues. The information which must be supplied to school districts upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.

Section 4-10-480.   The tax authorized herein may be renewed and imposed within a county in the same manner as proceedings for the initial imposition of the tax. A referendum on the question of reimposition of a tax shall not be held more than two years prior to the date upon the tax then in effect is scheduled to terminate, provided that any reimposition shall become effective immediately upon the termination of the tax previously imposed.

Section 4-10-485.   Notwithstanding any other provision of this chapter to the contrary, any portion of the sales and use taxes received under this chapter by a school district and applied to debt service on bonds must be applied only in the following order of priority:

(1)   to general obligation bonds issued before the referendum required pursuant to Section 4-10-420 and within the eight percent debt


Printed Page 4687 . . . . . Thursday, May 27, 2004

limitation provided by Article X, SECTION 15(6) of the Constitution of this State in order to defray the cost of improvements to which the sales and use tax authorized by the referendum may be applied; then

(2)   to general obligation bonds issued following the referendum required pursuant to Section 4-10-420 and within the eight percent debt limitation provided by Article X, SECTION 15(6) of the Constitution of this State in order to defray the cost of improvements to which the sales and use tax authorized by the referendum may be applied; then

(3)   to general obligation bonds approved by referendum held pursuant to Article X, SECTION 15(6) of the Constitution of this State in order to defray the cost of improvements to which the sales and use tax authorized by a referendum pursuant to Section 4-10-420 may be applied; then

(4)   to any other general obligation bonds issued within the eight percent debt limitation provided by Article X, SECTION 15(6) of the Constitution of this State.

Section 4-10-487.   A school district proposing to issue bonds that are intended to be repaid in full or in part with the sales tax authorized by this article must first obtain an estimate from the Board of Economic Advisors of the sales tax revenue that would be payable to that school district from the proceeds of the sales tax. This estimate must be included in the notice of referendum pursuant to Section 4-10-420 (C).

Section 4-10-490. This article shall be construed as cumulative and additional authority for the purposes described herein and shall not be construed to impliedly repeal any existing laws or prohibit the adoption of any additional laws with respect thereto, it being the purpose and intention of this article to create an additional and alternate method for the purposes herein named." /
Renumber sections to conform.
Amend title to conform.

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

Rep. QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21270SD04), which was tabled:
Amend the bill, as and if amended, by striking subsection (C) of SECTION 4 and inserting:


Printed Page 4688 . . . . . Thursday, May 27, 2004

/   (C)   The question to be voted upon in the referendum must read substantially as follows:

"Shall a special sales and use tax of one percent be imposed in Richland County for seven years beginning January 1, 2005, to raise revenue which must be used to provide a credit against the property taxes levied on taxable property in each school district of the county for current school debt service and for current and future school operations?
Yes   ?
No     ?"
The ballot, in the discretion of the election commission may contain a short explanation of the question to be voted upon in the referendum and the estimated impact of the tax, based on information from the South Carolina Department of Revenue as to the available revenues on existing liabilities.   /
Amend further, as and if amended, by striking subsections (C) and (D) of SECTION 7 and inserting:
/   (C)(1)   The revenues allotted to a district must be used to provide a credit against the current school property tax liability on property taxable in the district in an amount determined by multiplying the appraised value of the taxable property by a fraction in which the numerator is the total estimated revenue allotted to the district during the applicable fiscal year of the district from this tax and the denominator is the total of the appraised value of taxable property in the district as of January first of the applicable property tax year. For motor vehicles subject to the payment of property taxes pursuant to Article 21, Chapter 37 of Title 12 of the 1976 Code, the credit provided under this subsection applies against the tax liability for motor vehicle tax years beginning after December of the year in which the credit is calculated. The credit applies first against current liabilities as of the date of the referendum from millage imposed for: (a) debt service for schools; (b) any liability arising from other methods of financing school capital projects; and (c) school building lease-purchase obligations. Any remaining credits then may be applied against liability arising from existing or future millage imposed for school operations.

(2)   For purposes of this credit, current school property tax liability does not include any liability to pay a fee in lieu of property taxes and taxable property does not include exempt property for which the owner must pay a fee in lieu of property tax.


Printed Page 4689 . . . . . Thursday, May 27, 2004

(3)   All interest accruing to the credit funds allotted to a district must be used to provide an additional credit as provided in this section.

(D)   The credit provided by this act is in addition to any ad valorem school tax reductions provided by the Trust Fund for Tax Relief.   /
Amend the bill further, as and if amended, in SECTION 7 by adding a new subsection (E) to read:
/   (E)   All proceeds of the special sales and use tax provided by this act, after proper expenses, must be used to provide the tax credits provided for in this act. These tax credits may only be applied against school millage as provided in Section 7(C)(1). Any unused credit may be carried forward to future years but is not refundable.   /
Amend further, as and if amended, by adding a new SECTION 11 in PART II immediately after SECTION 10 to read:
/SECTION   11.   If the special one percent sales and use tax authorized by this act takes effect in Richland County and a similar special one percent sales and use tax also takes effect in Lexington County for the same time period, during the time it remains in effect in both counties no school tax millage for any purpose may be increased in any school district of either county except upon a two-thirds vote of the entity authorized to impose school tax millage in that district. In computing this two-thirds vote requirement, fractional portions of members of the entity shall be rounded up.

If the special one percent sales and use tax is in effect in one county but not the other, the two-thirds vote requirement to raise any school millage applies with respect to that county only.   /
Renumber sections to conform.
Amend title to conform.

Rep. BALES moved to table the amendment, which was agreed to.

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

H. 5210--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BALES, with unanimous consent, it was ordered that H. 5210 (Word version) be read the third time tomorrow.


Printed Page 4690 . . . . . Thursday, May 27, 2004

S. 1219--DEBATE ADJOURNED

The following Bill was taken up:

S. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.

Rep. MACK moved to adjourn debate on the Bill until Tuesday, June 1.

Rep. GOVAN moved to table the motion, which was rejected by a division vote of 8 to 13.

The question then recurred to the motion to adjourn debate until Tuesday, June 1, which was agreed to.

S. 430--REQUESTS FOR DEBATE WITHDRAWN AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. SCOTT, LLOYD, HOSEY and CLYBURN, the following Bill was taken up:

S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.

Rep. TOWNSEND explained the Bill.

The Bill was read second time and ordered to third reading.

S. 430--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that S. 430 (Word version) be read the third time tomorrow.


Printed Page 4691 . . . . . Thursday, May 27, 2004

S. 792--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND REQUESTS FOR DEBATE

Upon the withdrawal of requests for debate by Reps. J. BROWN, CATO, BREELAND, SCOTT, CHELLIS, SCARBOROUGH, CLEMMONS, LLOYD, J. R. SMITH, EMORY and MCCRAW, the following Bill was taken up:

S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 21280SD04), which was adopted:
Amend the bill, as and if amended, by inserting PART I before SECTION 1;
Amend the bill further, as and if amended, by adding the following new PARTS AND SECTIONS to be appropriately numbered to read:

/   PART ___

/   SECTION   ____.   Section 58-9-280(I) of the 1976 Code, as last amended by Act 354 of 1996, is further amended to read:

"(I)   The incumbent LECs subject to this section shall must be authorized to meet the offerings of any local exchange carrier serving the same area by packaging services together, using volume discounts and term discounts, and by offering individual contracts for services, except as restricted by federal law. Individual contracts for services or contracts with other providers of telecommunications services shall must not be filed with the commission, except as required by federal law, provided that telecommunications carriers that have not elected to have rates, terms, and conditions determined pursuant to the plan described in Section 58-9-576(B) or that are not operating under an alternative means of regulation pursuant to section 58-9-575, 58-9-577, or 58-9-585, shall must provide access to such these contracts to the commission as required."
SECTION   _____.   Section 58-9-576(A) of the 1976 Code, as added by Act 354 of 1996, is amended to read:


Printed Page 4692 . . . . . Thursday, May 27, 2004

"(A)   Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided the commission has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC or the commission determines that another provider's service competes with the LEC's basic local exchange telephone service, or the LEC is a 'small local exchange carrier' as defined in Section 58-9-10(14)."
SECTION   _____.   Section 58-9-576(B)(5) of the 1976 Code, as added by Act 354 of 1996, is amended to read:

"(5)   The LECs shall set rates for all other services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that. All such of these rates are subject to a complaint process for abuse of market position in accordance with guidelines to be adopted by the commission. The commission shall resolve any such complaint within one hundred twenty days of the date it is filed with the commission. As used in this section, 'abuse of market position' means any anticompetitive pricing action that prohibits an equally efficient new firm from entering a market or that would cause an equally efficient firm to exit a market."
SECTION   _____.   Chapter 9, Title 58 of the 1976 Code is amended by adding:

"Section 58-9-285.   (A)   As used in this section:

(1)   'qualifying LEC' means any LEC operating under an alternative means of regulation pursuant to Section 58-9-575; any LEC that has elected to have rates, terms, and conditions for its services determined pursuant to the plan described in Section 58-9-576(B); and any LEC that has elected to have rates, terms, and conditions determined pursuant alternative means of regulation under Section 58-9-577;

(2)   'qualifying IXC' means any interexchange carrier operating under alternative means of regulation pursuant to Section 58-9-585;

(3)   'bundled offering' means:

(a)   for a qualifying LEC, an offering of two or more products or services to customers at a single price provided that:

(i)     each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission; and

(ii)   the qualifying LEC has a tariffed flat-rated local exchange service offering for residential customers and for single-line


Printed Page 4693 . . . . . Thursday, May 27, 2004

business customers on file with the commission that provides access to the services and functionalities set forth in Section 58-9-10(9).

(b)   for a qualifying IXC, an offering of two or more products or services to customers at a single price provided that each regulated product or service in the offering is available on a stand-alone basis under a tariff on file with the commission.

(4)   'Contract offering' means any contractual agreement by which a qualifying LEC or a qualifying IXC offers any tariffed product or service to any customer at rates, terms, and conditions that differ from those set forth in the qualfying LECs or qualifying IXC's tariffs.

(B)   The commission shall not:

(1)   impose any requirements related to the terms, conditions, rates, or availability of any bundled offering or contract offering of any qualifying LEC or qualifying IXC; or

(2)   otherwise regulate any bundled offering or contract offering of any qualifying LEC or qualifying IXC. Without limiting the foregoing, purchasers of bundled offerings and contract offerings may submit complaints regarding such offerings to the commission, and the commission may provide a copy of such complaint to the qualifying LEC or qualifying IXC referenced in the complaint. The commission may endeavor to facilitate a voluntary and mutually-acceptable resolution of such complaints.

(C)   A qualifying LEC or qualifying IXC providing bundled offerings or contract offerings is obligated to provide contributions to the Universal Service Fund (USF), and the commission shall ensure that contributions to the state USF, pursuant to Section 58-9-280(E) must be maintained at appropriate levels.

(D)   Access minutes of use must continue to be classified and reported for purposes of administering the Interim LEC Fund, pursuant to Section 58-9-280(M), in the same manner as they were classified and reported before the effective date of this subsection (d).

(E)   Nothing in this section affects any jurisdiction conferred upon the commission by 47 U.S.C. Section 254(k).

(F)   Nothing in this section affects the commission's jurisdiction over complaints alleging that a change in a subscriber's selection of a provider of telecommunications service was made without appropriate authorization."

PART _____

SECTION   ____.   The General Assembly finds that there are important public benefits to be gained by increasing the stability and predictability of rates charged by natural gas distribution utilities in


Printed Page 4694 . . . . . Thursday, May 27, 2004

South Carolina. These utilities purchase natural gas from interstate and intrastate suppliers and deliver it to customers through the local distribution systems that they own and operate. The prices charged by these utilities are already subject to routine adjustments for changes in the prices of natural gas suppliers. Those changes in price are passed through to customers annually, with appropriate review by the South Carolina Public Service Commission, in purchased gas adjustment proceedings.

There is, however, no similar means for the predictable and routine adjustment of these utilities' other rate components. These components reflect the utilities' current levels of investment, revenue, and expense. Changing these cost and revenue items requires filing comprehensive rate proceedings. These proceedings are both expensive and time consuming and their costs are ultimately borne by the customers of the utilities through rates and by the people of this State through the budgets of the Public Service Commission and Department of Consumer Affairs.

Furthermore, in an effort to avoid or postpone rate proceedings, utilities may forego or delay investments in beneficial expansions or improvements of utility infrastructure. In addition, because of the expense and complexity of these proceedings, utilities often delay filing them until the required rate increase is substantial, and the need for the increase cannot be delayed any longer. As a result, such filings often come at irregular intervals, reflect large one-time rate increases, and are difficult to postpone even in periods of economic downturn.

For these reasons, proceedings under existing provisions of law tend to create more perceived economic hardship for consumers and engender more public controversy than would smaller and more regular rate adjustments spread over a number of years.

Natural gas distribution utilities are especially well-suited to a more streamlined and predictable ratemaking mechanism that would allow for routine adjustments in rate components. Natural gas distribution utilities generally experience steady and predictable changes in cost as distribution facilities are added to serve a growing customer base.

The General Assembly has determined that the best interests of the State support establishing a mechanism for the regular and periodic adjustment of the base rates of natural gas distribution utilities, and for natural gas distribution utilities only. These adjustments shall take place under procedural safeguards which fully preserve the power of the Public Service Commission to conduct comprehensive rate


Printed Page 4695 . . . . . Thursday, May 27, 2004

proceedings whenever it determines doing so to be in the public interest.

The General Assembly is providing the state's natural gas consumers and its gas utilities with an efficient rate setting mechanism that will allow for more periodic yet generally smaller rate adjustments. It encourages investment in new, updated, and expanded gas infrastructure, thereby encouraging additional economic development in the State. It also dramatically reduces the costs of proceedings to adjust gas rates and thereby reduces costs for consumers and the public.
SECTION   _____.   Chapter 5 of Title 58 of the 1976 Code is amended by adding:

"Article 4
Natural Gas Adjustment Act

Section 58-5-400.   This article may be cited as the 'Natural Gas Adjustment Act'.

Section 58-5-410.   A public utility providing natural gas distribution service, in its discretion and at anytime, may elect to have the terms of this article apply to its rates and charges for gas distribution service, on a prospective basis, by filing a notice of the election with the commission. Upon receipt of notice of the election, the commission shall proceed to make the findings and establish the ongoing procedures required for adjustments in base rates to be made under this article. In carrying out the procedures established by this article with respect to such an election, the commission shall rely upon and utilize the approved rates, charges, revenues, expenses, capital structure, return, and other matters established in the public utility's most recent general rate proceeding pursuant to Section 58-5-240; provided, however, that the most recent such order must have been issued no more than five years prior to the initial election to come under the terms of this article. A public utility may combine an election under this article with the filing of a rate proceeding pursuant to Section 58-5-240 and the commission shall include the findings required by this article in its rate orders issued in the Section 58-5-240 proceedings, and the election shall remain in effect until the next general rate proceeding.

Section 58-5-415.   The election by a utility to have the terms of this article apply to its rates and charges for gas distribution service once made shall remain in effect until the next general rate proceeding for the public utility pursuant to Section 58-5-240 at which time the public utility may then elect to continue the applicability of this article to its rates and charges or elect to opt out of the provisions of this


Printed Page 4696 . . . . . Thursday, May 27, 2004

article. The applicant may withdraw its request to come under the terms of this article at any time before the entry of a final order of the commission on the merits of proceeding in which the election is made or on a petition for rehearing in the proceeding.

Section 58-5-420.   In issuing its order pursuant to Section 58-5-410, and in addition to the other requirements of Section 58-5-240, if a proceeding pursuant to that section is required:

(1)   the commission shall specify a range for the utility's cost of equity that includes a band of fifty basis points (0.50 percentage points) below and fifty basis points (0.50 percentage points) above the cost of equity on which rates have been set;

(2)   the commission separately shall state the amount of the utility's net plant in service, construction work in progress, accumulated deferred income taxes, inventory, working capital, and other rate base components. It shall also state the utility's depreciation expense, operating and maintenance expense, income taxes, taxes other than income taxes, and other components of income for return, and its revenues, its capital structure, cost of debt, and overall cost of capital and earned return on common equity. The figures stated shall be those which the commission has determined to be the appropriate basis on which rates were set in the applicable orders.

Section 58-5-430.   The utility shall file with the commission monitoring reports for each twelve-month period ending on March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year, the filings to be made no later than the fifteenth day of the third month following the close of the period. These quarterly monitoring reports shall include the information set forth in Section 58-5-430. The quarterly monitoring reports required by this article shall show or include the following:

(1)   the utility's actual net plant in service, construction work in progress, accumulated deferred income taxes, inventory, working capital, and other rate base components. The report shall also show the utility's depreciation expense, operating and maintenance expense, income taxes, taxes other than income taxes, and other components of income for return, and its revenues, and its capital structure, cost of debt, overall cost of capital, and earned return on common equity;

(2)   all applicable accounting and pro-forma adjustments historically permitted or required by the commission for the utility in question, or for similarly situated utilities, or authorized by general principles of utility accounting, or authorized by accounting letters or orders issued by the commission. This authorization may occur either


Printed Page 4697 . . . . . Thursday, May 27, 2004

in a general rate hearing or in any other type of filing or hearing that the commission considers appropriate. However, other parties shall be given sufficient opportunity to review and provide comments on any proposed accounting letter or order issued after the initial order allowing future base rate adjustments pursuant to this article;

(3)   pro-forma adjustments to annualize for the twelve-month period any rate adjustments imposed pursuant to this article or other events affecting only part of the period covered by the filing so that the annualization is required to show the effects of those events on the utility's earnings going forward;

(4)   pro-forma or other adjustments are required to properly account for atypical, unusual, or nonrecurring events.

Section 58-5-440.   In the monitoring report filed for the twelve-month period ending March thirty-first of each year, the utility shall provide additional schedules indicating the following revenue calculations:

(1)   if the utility's earnings exceed the upper end of the range established in the order, the utility shall calculate the reduction in revenue required to lower its return on equity to the midpoint of the range established in the order;

(2)   if the utility's earnings are below the lower range established in the order, the utility shall calculate the additional revenue required to increase its return on equity to the mid point of the range established by the order.

The utility also shall provide a schedule that specifies changes in its tariff rates required to achieve any indicated change in revenue.

The proposed rate changes, filed by the utility, shall conform as nearly as is practicable with the revenue allocation principles contained in the most recent rate order.

Section 58-5-450.   The commission shall review the monitoring report filed pursuant to Section 58-5-440 to determine compliance with its terms taking into account any adjustments the commission determines to be required to bring the report into compliance with Section 58-5-440, and based upon the findings of any audit conducted by the office of regulatory staff concerning compliance with Section 58-5-440, the commission shall order the utility to make the adjustments to tariff rates necessary to achieve the revenue levels indicated in Section 58-5-440.

Section 58-5-455.   The procedures contained in this section shall apply to monitoring reports related to the quarter ending March thirty-first.


Printed Page 4698 . . . . . Thursday, May 27, 2004

(1)   The utility shall file the monitoring reports with the commission on or before June fifteenth and simultaneously shall mail or electronically transmit copies to any interested parties who have requested in writing to receive them.

(2)   Interested parties shall be allowed until July fifteenth to file comments in writing to the commission and the office of regulatory staff concerning the monitoring report.

(3)   In cases where the monitoring report indicates rate adjustments are required, or where it otherwise appears to the commission that an adjustment in rates may be warranted under this article, the office of regulatory staff shall conduct an audit of the monitoring report and specify any changes that staff determines to be necessary to correct errors in the report or to otherwise bring the report into compliance with this article. The office of regulatory staff audit reports shall be provided to the commission, the utility and made available to all interested parties no later than September first.

(4)   Interested parties shall be allowed until September fifteenth to file written comments with the commission and the office of regulatory staff related to the staff's audit report and shall simultaneously mail or electronically transmit copies of these comments to the utility and to all parties who previously appeared and filed comments.

(5)   On or before October fifteenth the commission shall issue an order setting forth any changes required in the utility's request to adjust rates under this article. In the absence of such an order, the gas rate adjustment contained in the utility's filing shall be deemed to be granted as filed.

(6)   Any gas rate adjustments authorized under the terms of this article shall take effect for all bills rendered on or after the first billing cycle of November of that year.

Section 58-5-460.   Within thirty days of the issuance of an order pursuant to Section 58-5-450, or within thirty days of the failure by the commission to issue an order as required pursuant to Section 58-5-450, any aggrieved party may petition the commission for review of the order or failure to issue an order and all interested parties of record shall have a right to be heard at an evidentiary hearing on the matter.

Section 58-5-465.   After conducting the hearing required by Section 58-5-460, the commission shall issue an order that:

(1)   sets forth any changes that are required to the rates approved in the initial order issued under Section 58-5-455(5);


Printed Page 4699 . . . . . Thursday, May 27, 2004

(2)   determines the amount of any over or under-collection by the utility that resulted from collection of the rates authorized in the initial order as compared to the rates authorized in the order issued under this section;

(3)   establishes a credit to refund the amount of any over collection, or a surcharge to collect the amount of any under collection, and requires the utility to apply the credit or surcharge until such time as the over or under collection is exhausted.

The commission shall issue any order required under this section by February fifteenth of the year following the year in which the monitoring report was filed. The order shall make the corrected rates and the credit or surcharge if any effective as of the first billing cycle of March of that year.

The provisions of Sections 58-5-330 and 58-5-340 concerning rehearing and appeal shall apply to the orders issued pursuant to this section.
Section 58-5-470.   The review of initial orders pursuant to Sections 58-5-460 and 58-5-465 is limited to issues related to compliance with the terms of this article. Matters determined in orders issued pursuant to Section 58-5-420 are not subject to review except in full rate proceedings pursuant to Section 58-5-240. Any proceedings pursuant to this article are without prejudice to the right of the commission to issue or any interested party to request issuance of a rule to show cause why a full rate proceeding should not be initiated, nor does this article limit the right of a utility to file an application pursuant to Section 58-5-240 for an adjustment to its rates and charges, nor does it impose the restrictions on filings contained in Section 58-5-240(F)."

PART ____.

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

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

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


Printed Page 4700 . . . . . Thursday, May 27, 2004

(2)   offers or grants incentives or rewards to an owner of real property or the owner's agent that are contingent upon the provision of telecommunications service on the premises by a single telecommunications service provider.

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

(C)   Nothing in this section shall prohibit an entity described in subsection (A) of this section from entering into any contract, agreement, or arrangement, oral or written, by which an owner of real property or the owner's agent agrees to encourage users or prospective users of telecommunications service to select a particular telecommunications service provider. However, the contract, agreement, or arrangement may not restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State and also may not require the owner or the owner's agent to refuse or restrict access to the real property by any other telecommunications service provider. All contracts, agreements, or arrangements made on or after the effective date of this section are void and unenforceable.

If the owner of real property or the owner's agent refuses access to another telecommunications service provider, then the telecommunications service provider that owns the telecommunications facility on such real property shall be required to offer the requesting telecommunications carrier consistent with state and federal law:

(1)   interconnection;

(2)   unbundled network elements; and

(3)   resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not telecommunications carriers.

(D)   Any telecommunications service provider who violates the provisions of this section shall be subject to penalties as set forth in Article 13, Chapter 9 of Title 58.

(E)   Contracts, agreements, and arrangements subject to this section may be obtained by the Office of Regulatory Staff pursuant to Sections 58-4-50 and 58-4-55.

(F)   For purposes of this section, 'telecommunications service provider' means a telephone utility as defined in Section 58-9-10(6), a government-owned telecommunications provider as defined in Section


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58-9-2610(1), and a telephone cooperative as defined in Section 33-46-20(4)."   /
Amend the bill further, as and if amended, by adding PART V immediately before the last SECTION of the bill containing the effective date.
Renumber sections to conform.
Amend title to conform.

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

Rep. DANTZLER proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21323SD04), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ___.   Section 23-47-65(C)(4) of the 1976 Code, as last amended by Act 233 of 2000, is further amended to read:

"(4)   conduct a cost study to be submitted to the House Ways and Means Committee and Senate Finance Committee one year from the effective date of this section and thereafter at the board's discretion. The board may include any information it considers appropriate to assist the General Assembly in determining whether future legislation is necessary or appropriate, but the report must include information to assist in determining whether to adjust the CMRS 911 charge to reflect actual costs incurred by PSAP's or CMRS providers for compliance with applicable requirements of FCC Docket Number 94-10; advise and report to the House Ways and Means Committee and Senate Finance Committee and to the board whether additional or alternative revenue sources are needed to fully develop and maintain the state's CMRS emergency telephone service and system; if additional revenues are identified and approved by the general assembly, the board shall direct the administration of any funds in accordance with the provisions of subsection (1) above. However, a report from the advisory committee must include information to assist the board in determining whether to adjust the CMRS 911 charge to reflect annual costs incurred by PSAP's or CMRS providers for compliance with applicable requirements of FCC Docket Number 94-10; /
Renumber sections to conform.
Amend title to conform.


Printed Page 4702 . . . . . Thursday, May 27, 2004

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

Reps. TALLEY, WEEKS, BALES, COTTY, ALLEN, F. N. SMITH, CHELLIS, CATO, SANDIFER, CLEMMONS, WALKER, HOSEY, SKELTON and R. BROWN requested debate on the Bill.

S. 638--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 638 (Word version) -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO EACH COUNTY OFFICE INSTEAD OF THROUGH THE OFFICE OF THE GOVERNOR.

H. 4720--DEBATE ADJOURNED

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

H. 4720 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE


Printed Page 4703 . . . . . Thursday, May 27, 2004

ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.

Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3972MM04):
Amend the bill, as and if amended, by Section 26-6-190(C)(3) and (4) as contained in SECTION 1, page 12, by inserting after / Postmark / at the end of lines 32 and 36:
/ in a manner approved by the South Carolina Supreme Court /.
Amend further, beginning on page 12 and line 40, by deleting in its entirety Section 26-6-195 as contained in SECTION 1, and inserting:
/ Section 26-6-195.   Notwithstanding any other provisions in this chapter, a governmental agency may use, in accordance with policies and procedures developed by the South Carolina Budget and Control Board and as circumstances allow, in order to perfect service of process of any communication, an e-mail address from any vendor, entity, or individual the governmental agency regulates or does business with, or an e-mail address from the agent for service of process of that vendor, entity, or individual. Such communication postmarked by a United States Postal Service Electronic Postmark shall have the same force of law as the United States Post Office certified mail-return receipt requested. The South Carolina Budget and Control Board shall devise policies and procedures for the use of the United States Postal Service Electronic Postmark in respect to state agencies and operations. These policies and procedures, where necessary, must consider the persons or entities which do not have an e-mail address. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Tuesday, June 1, which was agreed to.


Printed Page 4704 . . . . . Thursday, May 27, 2004

H. 4645--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4645 (Word version) -- Reps. Littlejohn, Davenport, Mahaffey, W. D. Smith, Talley and Walker: A BILL TO AMEND ACT 1 OF 2001, RELATING TO SUPPLEMENTAL APPROPRIATIONS FOR A PARTICULAR YEAR AND CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, AMONG OTHER THINGS, SO AS TO REVISE THE PURPOSE FOR WHICH A CAPITAL IMPROVEMENT BOND AUTHORIZATION FOR USC-SPARTANBURG MAY BE USED.

Rep. LITTLEJOHN explained the Senate Amendments.

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

S. 532--DEBATE ADJOURNED

Rep. CLEMMONS moved to adjourn debate upon the following Joint Resolution until Tuesday, June 1, which was adopted:

S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

S. 1251--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1251 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY FROM I-26 TO THE MUNICIPAL LIMITS OF THE TOWN OF ST. MATTHEWS, THE "O. ALEX HICKLIN,


Printed Page 4705 . . . . . Thursday, May 27, 2004

SR. MEMORIAL HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN AT THE INTERSECTION OF OLD HIGHWAY 6 AND WILD ROSE ROAD CONTAINING THE WORDS "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION, INCLUDING ESPECIALLY HIS DISTINGUISHED SERVICE AS A MEMBER OF THE THEN HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION.

Whereas, the members of the General Assembly note that the late O. Alex Hicklin, Sr. of Calhoun County served twice on the South Carolina Highways and Public Transportation Commission and was serving at the time of his death in 1984; and

Whereas, Mr. Hicklin, a successful businessman, served his State and community with distinction as a highway commissioner and also enjoyed and took great pride in that service, as he found great pleasure in working with his fellow commissioners and the staff of the department in building and maintaining the state's highway infrastructure; and

Whereas, in recognition of Mr. Hicklin's great service to the cause of a modern and safe state highway system, it is appropriate in a tangible way to recognize that service by attaching his name to a portion of Highway 6 near his home place. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to name that portion of South Carolina Highway 6 in Calhoun County from I-26 to the municipal limits of the Town of St. Matthews, the "O. Alex Hicklin, Sr. Memorial Highway" and to erect an appropriate marker or sign at the intersection of Old Highway 6 and Wild Rose Road containing the words "O. Alex Hicklin, Sr. Memorial Highway" in recognition of his many contributions to the Town of St. Matthews, Calhoun County, the State of South Carolina, and this nation, and


Printed Page 4706 . . . . . Thursday, May 27, 2004

especially his distinguished service as a member of the South Carolina Highways and Public Transportation Commission.

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

The Concurrent Resolution was adopted and sent to the Senate.

S. 1255--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1255 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 521 IN CLARENDON COUNTY THE "BEN G. ALDERMAN, JR. INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "BEN G. ALDERMAN, JR. INTERCHANGE".

Whereas, Ben G. Alderman, Jr. of Manning in Clarendon County has served the people of his community and State with pride, honor, and distinction, as evidenced by his service as municipal judge for the Town of Manning, his service for seven years on the board of the South Carolina Public Service Authority (Santee Cooper) where he chaired the Dams Committee, and his more recent service as magistrate and Chief Magistrate for Clarendon County; and

Whereas, his long career in real estate and reputation for hard work and integrity brought him the award of Clarendon County Business Person of the Year; and

Whereas, it is appropriate that the public service of this distinguished son of South Carolina be reflected in a visible way. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina request the South Carolina Department of Transportation to


Printed Page 4707 . . . . . Thursday, May 27, 2004

name the interchange located at the intersection of Interstate Highway 95 and South Carolina Highway 521 in Clarendon County the "Ben G. Alderman, Jr. Interchange" and to erect appropriate markers or signs at this interchange containing the words "Ben G. Alderman, Jr. Interchange".

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

The Concurrent Resolution was adopted and sent to the Senate.

S. 1257--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1257 (Word version) -- Senators Setzler, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE ON I-20 AT EXIT 44 IN HONOR OF THE LATE SENATOR F. BEASLEY SMITH WHO SERVED HIS COUNTY AND STATE WITH DISTINCTION.

Whereas, Senator F. Beasley Smith was a native of Lexington County and resided in the Gilbert community. He was very active in community affairs. He was a man of compassion, constantly preaching the philosophy of fair play and the Golden Rule; and

Whereas, as a citizen, he always took an active part in promoting organizations designed to strengthen the moral stamina of people. Many citizens of Gilbert and Lexington County remember him being a charter member of the Gilbert Ruritan Club which was organized in 1941 and his work to form the first Lexington County Peach Festival; and

Whereas, he helped with establishing an electric program that would bring comfort, convenience, and light to the rural people. In furtherance of this objective, he served as a charter member and


Printed Page 4708 . . . . . Thursday, May 27, 2004

president of Mid-Carolina Electric Cooperative, Inc., president and board member of the Electric Cooperatives of South Carolina, Inc., and board member of Central Electric Power Cooperative, Inc.; and

Whereas, in educational affairs, he was a successful leader. He served on various committees on the county level and also as president of the Lexington County Education Association. He taught school for thirty-seven years and had a keen interest in the students he taught. He was well respected by them and earned the respect of parents and all people who were concerned with the future of their communities; and

Whereas, his life was centered around his church, the Pond Branch United Methodist Church. He loved his church, his family and his God. When devotions were in order, whether in the home, at school, in public programs, or on other occasions, when he was present, he was requested to lead in expressing thanks to our Creator; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding South Carolinian if the interchange on I-20 at Exit 44 which is near his beloved Pond Branch United Methodist Church were named in his honor. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name the interchange on I-20 at Exit 44 in honor of the late Senator F. Beasley Smith who served his county and State with distinction.

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

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 4709 . . . . . Thursday, May 27, 2004

S. 458--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:

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

Rep. QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7348AHB04):
Amend the bill, as and if amended, by adding an appropriately number SECTION to read:
/ SECTION   ___.   Chapter 78, Title 15 of the 1976 Code is amended by adding:

"Section 15-78-210.   (A)   As used in this section:

(1)   'Teacher' means a:

(a)   licensed teacher, principal, administrator, or other educational professional who works on school grounds;

(b)   professional or non-professional employee who works on school grounds and has responsibility for maintaining order, discipline, or ensuring safety; and

(c)   school employee who, in an emergency, is called upon to maintain order, discipline, or to ensure safety.

(2)   'School' means a public or private kindergarten, public or private elementary school, public or private middle school or junior high, public or private high school, vocational school, secondary school, or home school that includes students not related by blood to the operator.

(3)   'Student' means a person enrolled at a school in the State of South Carolina.


Printed Page 4710 . . . . . Thursday, May 27, 2004

(B)   A teacher may bring a civil action against a student who commits a criminal offense against the teacher if the offense occurs on school grounds or at a school sponsored event. Nothing in this subsection is intended to limit the civil remedies available to another party as a result of the same criminal act.

(c)   Except as otherwise provided in this subsection, no teacher has civil liability to a student or a party acting in the interest of a student for an act or omission by the teacher that occurs while the teacher is acting on behalf of the school if the:

(1)   teacher was acting within the scope of the teacher's employment;

(2)   actions of the teacher violated no state, local, or federal law including regulations set forth by the individual district or school;

(3)   acts or omissions were not the result of wilful or intentional conduct or gross negligence;

(4)   acts or omissions were not the result of the teacher operating a motor vehicle or watercraft; and

(5)   actions of the teacher do not constitute a violation of the student's civil rights." /
Renumber sections to conform.
Amend title to conform.

Rep. QUINN moved to adjourn debate on the Bill until Tuesday, June 1, which was agreed to.

S. 720--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Tuesday, June 1, which was adopted:

S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.


Printed Page 4711 . . . . . Thursday, May 27, 2004

H. 4653--DEBATE ADJOURNED

Rep. HAYES moved to adjourn debate upon the following Bill until Tuesday, June 1, which was adopted:

H. 4653 (Word version) -- Reps. W. D. Smith, Wilkins and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 2004"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY REQUEST THAT THE MAGISTRATE ISSUE A SUBPOENA TO COMPEL THE PRESENCE OF THE PARENT AND TO PROVIDE PENALTIES; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS FOR STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 6, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT A TRUANCY POLICY, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS


Printed Page 4712 . . . . . Thursday, May 27, 2004

NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NON ATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES; TO PROVIDE THAT PARENTS MUST BE NOTIFIED OF CERTAIN ABSENCES AND SHALL WORK WITH THE DISTRICT TO FORMULATE AN INTERVENTION PLAN; TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS; AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A HABITUAL TRUANT; BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE AT LEAST TWO DAYS A MONTH FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO

Printed Page 4713 . . . . . Thursday, May 27, 2004

PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; TO AMEND SECTION 59-65-10, AS AMENDED, RELATING TO A PARENT'S RESPONSIBILITY TO CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO INCREASE THE AGE UNTIL WHICH A CHILD SHALL ATTEND SCHOOL FROM SEVENTEEN TO EIGHTEEN; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.

H. 4869--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4869 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525, RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO


Printed Page 4714 . . . . . Thursday, May 27, 2004

THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN STORAGE COSTS TO BE RECOVERED FROM THE PROCEEDS OF THE SALE OF THE VEHICLES, AND TO PROVIDE THAT COSTS ASSOCIATED WITH TOWING AND STORAGE OF CERTAIN STOLEN VEHICLES MAY BE RECOVERED UPON THE COURT'S ORDER OF RESTITUTION; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING PROCEDURES, SO AS TO PROVIDE THAT CERTAIN FEES MAY BE RECOVERED BY A TOWING OR STORAGE OPERATOR EVEN THOUGH HE HAS FAILED TO PROVIDE A LAW ENFORCEMENT AGENCY A LIST DESCRIBING THE VEHICLES OR OTHER PROPERTY THE AGENCY HAS REQUESTED TO BE TOWED, TO REVISE THE AMOUNT OF STORAGE COSTS THAT MAY BE CHARGED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROCEDURE TO NOTIFY OWNERS AND LIENHOLDERS OF VEHICLES, TO REVISE THE PROCEDURE TO ALLOW THE STORAGE FACILITY TO RELEASE CERTAIN ITEMS CONTAINED IN A STORED VEHICLE TO ITS OWNER, AND TO PROVIDE A PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO FOLLOW WHEN THEY STORE VEHICLES ON THEIR PREMISES FOR SALE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF UNCLAIMED VEHICLES AND THE DISPOSITION OF THE PROCEEDS FROM THEIR SALE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, CHANGE A CODE REFERENCE, AND TO PROVIDE THAT THE MAGISTRATE SHALL NOTIFY CERTAIN PERSONS THAT THEY MAY CLAIM THE PROCEEDS FROM THE SALE OF A VEHICLE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF A STORAGE PLACE; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY OR PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THE COLORED TAG SHALL SERVE AS THE ONLY LEGAL NOTICE THAT THE VEHICLE WILL BE REMOVED TO A DESIGNATED PLACE TO BE SOLD IF THE VEHICLE IS NOT REMOVED WITHIN A CERTAIN PERIOD OF TIME, AND TO DELETE ALL PROVISIONS THAT RELATE TO NOTICE REQUIREMENTS BEFORE THE VEHICLE IS SOLD AND THE SALE OF THE VEHICLE; AND TO AMEND SECTION 56-19-840, RELATING TO

Printed Page 4715 . . . . . Thursday, May 27, 2004

REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE REPORT MAY BE SUBMITTED BEFORE THE EXPIRATION OF THE REPORTING PERIOD, BUT NOT AFTER THE PERIOD EXPIRES, AND TO REVISE THE DEFINITION OF THE TERM "UNCLAIMED".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12444CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 16-11-760 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

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

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

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

(D)   A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars and not exceeding one hundred dollars or imprisoned not exceeding thirty days. This punishment is in addition to the other remedies which are authorized in this section."
SECTION   2.   Section 29-15-10 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:


Printed Page 4716 . . . . . Thursday, May 27, 2004

"Section 29-15-10.   (A)   It is lawful for any proprietor person, owner, or operator of any storage place, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or furnishes any material for the repairs, or his designee or agent to sell the property as provided in this section.

(B)   When property has been left at his shop for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property and to any lienholder with a perfected security interest in the property that the repairs have been completed or storage charges are due. The property must be sold by a magistrate of the county in which the work was done or the vehicle or thing was stored.

(C)   Storage costs may not be charged that have accrued before the notification of the owner and lienholder, until the owner and lienholder have been notified by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale.

(D)   Before the property may be sold, the facility must apply to the Department of Motor Vehicles for the name and address of any owner and lienholder. The application must be on the prescribed forms required by the department. If the vehicle has an out-of-state registration, an application also must be made to that state's department of motor vehicles. When the vehicle is not titled in this State and does not have a registration from another state, the facility may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall cause a records search to be made and shall supply, at no cost to the facility, the name of the state in which the vehicle is titled.

(E)   The magistrate, before selling the property, shall ensure that any lienholder of record has been notified of the pending sale, and the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township. He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit


Printed Page 4717 . . . . . Thursday, May 27, 2004

the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables.

(F)   When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last known address of the owner.

(G)   A magistrate may not set or establish additional procedural requirements beyond those required by and contained in this section."
SECTION   3.   Section 56-5-2525 of the 1976 Code is amended to read:

"Section 56-5-2525.   Any A towing company which tows away another's a person's motor vehicle without the owner's his knowledge and stores it shall immediately notify the police department of the municipal corporation where such the vehicle was parked or the sheriff or county police department in counties having such departments if the vehicle was parked outside the limits of a municipal corporation of the location from which the vehicle was towed, the name of the company which towed it and the place where it is stored.

Any A towing company failing to give such this notice within one hour of the time the vehicle was towed away shall is not be entitled to any compensation for the towing and storing operations. The provisions of this section shall must be posted in a conspicuous place in all public areas on the premises of the towing company. The law enforcement agency that receives this notice must create a report and furnish the towing company with its document number. Notification is


Printed Page 4718 . . . . . Thursday, May 27, 2004

not required when the towing is done at the direction of a law enforcement officer."
SECTION   4.   Section 56-5-5630 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 56-5-5630.   (a)(A)(1)   For purposes of this section, 'vehicle' means any a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing, and storage, repair, or any other reason that the property of any person, corporation, or business is towed or left in the possession of another either at the direction of a law enforcement officer, or for any other reason by anyone who may legally cause this storage and applies to any vehicle in custody at the time of the enactment of this section. Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.

(2)   When an abandoned vehicle has been taken into custody, the storage place having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the vehicle is being held, inform the owner and all lienholders of the right to reclaim the vehicle within fifteen thirty days after the date of the notice, return receipt requested, upon payment of all towing, preservation, and storage charges, and associated legal fees resulting from placing the vehicle or other property in custody, and state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed a waiver by the owner and lienholders of all right, title, and interest in the vehicle or other property and consent to the sale of the vehicle or other property at a public auction. If a vehicle has been towed pursuant to the provisions of this section, payment to the owner or operator of the towing service shall accept as payment for the release of the vehicle the same manner of payment that the owner or operator of the towing service would accept if the owner of the vehicle had requested his vehicle towed.

(b)(B)   If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity


Printed Page 4719 . . . . . Thursday, May 27, 2004

and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.

(c)(C)   A lienholder is not subject to a penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. An owner of a vehicle which has been stolen and after that abandoned, as defined by this article, is not liable for any charges or penalties imposed in this section, otherwise all charges or penalties are the responsibility of the last registered owner. A vehicle is deemed to be stolen when the registered owner notifies a police officer and the report is accepted and carried on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the law enforcement agency that requested the tow shall provide the towing company, at no cost to the storage operator, the current owner's name, address, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object. A law enforcement agency is not liable for the costs or fee associated with the towing and storage of a vehicle or other property as provided by this section.

(D)   Costs associated with the towing and storage of a stolen vehicle at the request of a law enforcement agency may be recovered upon the court's order of restitution following a conviction or guilty plea of the person who stole the vehicle."
SECTION   5.   Section 56-5-5635 of the 1976 Code, as added by Act 71 of 2003, is amended to read:

"Section 56-5-5635.   (A)   Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is deemed a law enforcement


Printed Page 4720 . . . . . Thursday, May 27, 2004

towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.

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

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

(D)   Before the property may be sold, the facility must apply to the Department of Motor Vehicles for the name and address of any owner and lienholder. The application must be on the prescribed forms required by the department. If the vehicle has an out-of-state registration, an application also must be made to that state's department of motor vehicles. When the vehicle is not titled in this State and does not have a registration from another state, the facility may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall cause a records search to be made and shall supply,


Printed Page 4721 . . . . . Thursday, May 27, 2004

at no cost to the facility, the name of the state in which the vehicle is titled.

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

(E)(F)   The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage. The storage facility shall release any prescription medications, child car safety seats, personal or legal papers, or information needed to prove ownership of the vehicle.

(G)   When a law enforcement agency stores a vehicle at its facility, it shall follow the notification procedures contained in this section and submit vehicle information to a magistrate in the county where a vehicle or article is stored for sale. A law enforcement agency is exempt from paying any court filing fees in these matters."
SECTION   6.   Section 56-5-5640 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 56-5-5640.   If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the proprietor, owner,


Printed Page 4722 . . . . . Thursday, May 27, 2004

or operator of the storage place, or their designee, may have the abandoned vehicle sold at a public auction pursuant to the provisions of Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a magistrate's bill order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The bill order of sale at the sale must shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in this case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 56-5-563029-15-10 must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days. The proprietor, owner, or operator of the storage place, or their designee, shall notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after ninety days from the date the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."
SECTION   7.   Section 56-5-5850 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

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

The colored tag shall serve as the only legal notice that the vehicle will be removed to a designated place to be sold, if the vehicle is not removed by the owner or person in control of the property within forty-eight hours if it is located on a highway, or seven days if it is located on other public property from the date the tag is placed on the vehicle. These vehicles must be disposed of pursuant to the provisions contained in Sections 29-15-10 and 56-5-5635.

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


Printed Page 4723 . . . . . Thursday, May 27, 2004

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

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

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

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

(e)   The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a


Printed Page 4724 . . . . . Thursday, May 27, 2004

demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."
SECTION   8.   Section 56-19-840 of the 1976 Code is amended to read:

"Section 56-19-840.   An operator of a place of business for garaging, repairing, parking, or storing vehicles for the public in which a vehicle remains unclaimed for a period of thirty days shall, within five days after the expiration of that period, report the vehicle as unclaimed to the department. Such The report shall be on a form prescribed by the department.
A towing or storage operator may submit the form before the thirty-day period expires.

A vehicle left by its owner whose name and address are known to the operator or his employee is not considered "unclaimed." A vehicle is considered to be unclaimed when its owner has not reclaimed it. A person who fails to report a vehicle as unclaimed in accordance with this section forfeits all claims and liens for its garaging, parking, or storing."
SECTION   9.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

Rep. OTT proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6059CM04), which was adopted:
Amend the bill, as and if amended, Section 29-15-10(C) as contained in SECTION 2, by striking Section 29-15-10(C) and inserting:
/(C)   Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the


Printed Page 4725 . . . . . Thursday, May 27, 2004

sale. Notification to the owner and lienholder must occur within five days after receiving their identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs may not be charged until the notice is mailed. /
Renumber sections to conform.
Amend title to conform.

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

Rep. LOFTIS proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12600AC04), which was adopted:
Amend the bill, as and if amended, Section 56-5-5635(F) as contained in SECTION 5, by striking Section 56-5-5635(F) and inserting:
/   "(E)(F)   The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property not attached to the vehicle from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage." /
Renumber sections to conform.
Amend title to conform.

Rep. LOFTIS explained the amendment.

SPEAKER IN CHAIR

Rep. LOFTIS continued speaking.
The amendment was then adopted.

Rep. McGEE proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\6097CM04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ SECTION   3.   Section 56-5-2525 of the 1976 Code is amended to read:

"Section 56-5-2525.   Any A towing company which tows away another's a person's motor vehicle without the owner's his knowledge and stores it shall immediately notify the police department of the municipal corporation where such the vehicle was parked or the sheriff or county police department in counties having such departments if the


Printed Page 4726 . . . . . Thursday, May 27, 2004

vehicle was parked outside the limits of a municipal corporation of the location from which the vehicle was towed, the name of the company which towed it and the place where it is stored.

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

(C)   A towing company which tows away a person's vehicle without his knowledge and stores it is not required to return the vehicle to the person after the company's normal business hours." /
Renumber sections to conform.
Amend title to conform.

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

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

Yeas 92; Nays 0

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Battle                 Bowers                 Branham
J. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cooper
Cotty                  Davenport              Delleney
Duncan                 Emory                  Freeman
Frye                   Gilham                 Govan
Harrell                Harrison               Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Leach
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack

Printed Page 4727 . . . . . Thursday, May 27, 2004

Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             Neilson
Ott                    Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon

Total--92

Those who voted in the negative are:

Total--0

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

H. 4869--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4869 (Word version) be read the third time tomorrow.

S. 604--DEBATE ADJOURNED

The following Bill was taken up:

S. 604 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION,


Printed Page 4728 . . . . . Thursday, May 27, 2004

AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.

Rep. HAYES moved to adjourn debate on the Bill until Tuesday, June 1.

Rep. J. BROWN moved to table the motion, which was rejected by a division vote of 14 to 43.

The question then recurred to the motion to adjourn debate until Tuesday, June 1, which was agreed to.

S. 1071--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1071 (Word version) -- Senators Ritchie and Richardson: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

Rep. WALKER moved to adjourn debate on the Bill until Tuesday, June 1.

Rep. MERRILL moved to table the motion, which was agreed to by a division vote of 64 to 22.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2084MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 16-13-510 of the 1976 Code is amended to read:

"Section 16-13-510.   (A)   It is unlawful for a person to commit the offense of financial identity fraud.

(B)   A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party:


Printed Page 4729 . . . . . Thursday, May 27, 2004

(1)   obtains or records identifying information which would assist in accessing the financial records of the other person; or

(2)   accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C).

(C)   Identifying information includes, but is not limited to:

(1)   social security numbers;

(2)   driver's license numbers;

(3)   checking account numbers;

(4)   savings account numbers;

(5)   credit card numbers;

(6)   debit card numbers;

(7)   personal identification numbers;

(8)   electronic identification numbers;

(9)   digital signatures; or

(10)   other numbers or information which may be used to access a person's financial resources.

(D)   It is unlawful to use the identifying information in subsection (C) of another person for the purpose of obtaining employment, without the consent of that person.

(D)(E)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322."
SECTION   2.   A.   This SECTION may be cited as the "Youth Access to Tobacco Prevention Act of 2003".
B.   Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:

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

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

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


Printed Page 4730 . . . . . Thursday, May 27, 2004

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

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

(B)   It is unlawful for a person to sell a tobacco product to an individual who does not present upon demand proper proof of age. Proof of age is not required from an individual who the person reasonably believes to be over twenty-seven years of age. Failure to require identification to verify a person's age shall be used as evidence to the knowing and intentional violation of this provision unless the person knows the individual is at least eighteen years of age. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this section. To determine whether a person believes an individual is at least twenty-seven years of age, a court may consider, but is not limited to considering, proof of the individual's general appearance, facial characteristics, behavior, and manners. This subsection does not apply to mail order sales.

(C)   A retail distributor of tobacco products must train its retail sales employees regarding the provisions contained in this section. In lieu of the penalties contained in subsection (F), a retail establishment that fails to comply with this provision must be fined not more than one thousand dollars. A retail establishment that provides proof that it has complied with the provisions contained in this section is not subject to this penalty.

(D)   It is unlawful for an individual less than eighteen years of age to purchase, accept receipt, attempt to purchase, or attempt to accept receipt of a tobacco product, or present or offer to a person proof of age which is false or fraudulent for the purpose of purchasing or possessing a tobacco product. However, a person less than eighteen years of age may be enlisted by local law enforcement agencies to test a community's compliance with this section and to reduce the extent to which tobacco products are sold or distributed to individuals less than eighteen years of age when the testing is under the direct supervision of the law enforcement agency and with the individual's parental consent. In addition, a person less than eighteen years of age may be enlisted by the South Carolina Department of Alcohol and Other Drug Abuse Services, or a county alcohol and drug abuse authority to test an outlet's compliance with this section, with the permission of the


Printed Page 4731 . . . . . Thursday, May 27, 2004

individual's parent or guardian, to collect data for the federally mandated Youth Access to Tobacco Study.

(E)   It is unlawful for an individual less than eighteen years of age to possess a tobacco product. This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.

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

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

(2)   where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed. The owner, licensee, or employee must demand proof of age from a prospective purchaser if he has reasonable grounds to believe the prospective purchaser is less than twenty-seven years of age. Proof that an owner, licensee, or employee demanded, was shown, and reasonably relied upon an individual's proof of age is a defense to any action brought pursuant to this subsection.

Vending machines which distribute tobacco products in establishments must meet the requirements of this section within one hundred twenty days after the effective date of this section or must be removed.

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

(1)   for a first offense, by a fine not less than one hundred dollars;

(2)   for a second offense, which occurs within three years of the first offense, by a fine not less than two hundred dollars; and

(3)   for a third or subsequent offense, which occurs within three years of the first offense, by a fine not less than three hundred dollars.

All fines must be placed in the state general fund and distributed in the following manner:

(a)   one-half must be distributed to the treasurer of the county in which the conviction occurred; and


Printed Page 4732 . . . . . Thursday, May 27, 2004

(b)   one-half must be distributed to the county alcohol and drug abuse commission and used for funding youth smoking prevention programs. A violation of this subsection is triable exclusively in either municipal or magistrate court.

A violation of this section is triable exclusively in either municipal or magistrate court.

(H)   In lieu of the penalties contained in subsection (G), a court may require an individual who is less than eighteen years of age who illegally purchases or possesses a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense.

(I)   As used in this section 'person' means an individual. 'Person' does not mean a firm, partnership, corporation, company, association, club, or commercial entity the person is associated with.

(J)   Notwithstanding any other provision of law, a violation of this section does not violate an establishment's beer and wine permit and is not a ground for revocation or suspension of a beer and wine permit.

(K)   A person who is less than eighteen years of age and who has been convicted of violating a provision of this section may have his record expunged upon becoming eighteen years of age if he has paid any fine imposed upon him and successfully completed any court-ordered community service."
C.   Section 16-17-501 of the 1976 Code, as added by Act 445 of 1996, is amended to read:

"Section 16-17-501.   As used in this Section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:

(1)   'Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.

(2)   'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older identification card issued by this State, or a United States Armed Services identification card.

(3)   'Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.

(4)   'Sampling' means the distribution of samples to members of the general public in a public place.


Printed Page 4733 . . . . . Thursday, May 27, 2004

(5)   'Tobacco product' means a product that contains tobacco and is intended for human consumption."
SECTION   3.   A.   Section 16-17-530 of the 1976 Code is amended to read:

"Section 16-17-530.   Any A person is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars, or imprisoned more than thirty days who: shall

(a)(1)   be is found on any a highway or at any a public place, or public gathering in a grossly intoxicated condition, or otherwise conducting himself in a disorderly or boisterous manner,;

(b)(2)   use uses obscene or profane language that creates an imminent risk of violent reaction from the language on any a highway, or at any a public place or gathering, or in hearing distance of any a schoolhouse or church; or

(c)(3)   while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge any a gun, pistol, or other firearm while upon or within fifty yards of any a public road or highway, except upon his own premises, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days."
B.   The repeal or amendment by this section of any law does not affect pending actions, rights, duties, or liabilities founded on it, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly provides. After the effective date of this section, all laws repealed or amended by this section must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this section, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   4.   A.   Article 15, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-1655.   (A)   As used in this section, 'voting system' means:

(1)   the total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to:


Printed Page 4734 . . . . . Thursday, May 27, 2004

(a)   define ballots;

(b)   cast and count votes;

(c)   report or display election results; and

(d)   maintain and produce audit trail information; and

(2)   the practices and associated documentation used to:

(a)   identify system components and versions of these components;

(b)   test the system during its development and maintenance;

(c)   maintain records of system errors and defects;

(d)   determine specific system changes to be made to a system after the initial qualification of the system; and

(e)   make available materials to the voter, such as notices, instructions, forms, or paper ballots.

(B)   The State Election Commission shall:

(1)   approve and adopt one voting system to be used by authorities charged by law with conducting elections;

(2)   support the authorities charged by law by providing training for personnel in the operation of the voting system approved and adopted by the commission; and

(3)   support all aspects of creating the ballots and the database of the voting system which is approved and adopted.
B.   Section 7-13-1320 of the 1976 Code is amended to read:

"Section 7-13-1320.   (a)   The use of vote recorders may be authorized for use in some absentee precincts in a county without requiring their use in all precincts.

(b)   Vote recorders of different kinds may be used for different precincts in the same county.

(c)   The county election commission shall provide vote recorders in such numbers as it deems considers necessary in good working order and of sufficient capacity to accommodate the names of all candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are to be voted for at any primary or other election."
C.   Section 7-13-1330(A) and (H) of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"(A)   Before any kind of vote recorder system, including an optical scan voting system, is used at any election, it shall must be approved by the State Election Commission which shall examine the vote recorder and shall make and file in the commission's office a report, attested by the signature of the executive director, stating whether, in the opinion of the commission, the kind of vote recorder so examined


Printed Page 4735 . . . . . Thursday, May 27, 2004

can may be accurately and efficiently used by electors at elections, as provided by law. No A vote recorder or optical scan voting system may not be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited qualified by the National Association of State Election Directors and the State Election Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards. If this report states that the vote recorder can may be so used, the recorder shall must be considered approved and vote recorders of its kind may be adopted for use at elections, as herein provided in this section.

(H)   Before any vote recorder or optical scan voting system approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer, at the manufacturer's expense, with the approved software ITA. These source codes must be available to the State Election Commission in the event that case the company goes out of business, pursuant to court order, or in the event that if the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement has been met."
D.   Section 7-13-1620 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"(A)   Before any kind of voting machine, including an electronic voting machine, system is used at any an election, it must be approved by the State Election Commission which shall examine the voting machine system and make and file in the commission's office a report, attested to by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of voting machine system so examined can may be accurately and efficiently used by electors at elections, as provided by law. No A voting machine system may not be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited qualified by the National Association of State Election Directors and the State Election Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards.

(B)   When a voting machine system has been approved for use before July 1, 1999, it may be used in elections. However, if the system's software or firmware is improved or changed, the system must comply with the requirements of subsection (A).


Printed Page 4736 . . . . . Thursday, May 27, 2004

(C)   Any A person or company who requests an examination of any type of voting machine must system shall pay a nonrefundable examination fee of one thousand dollars for a new voting system. A nonrefundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission may reexamine any voting machine system when evidence is presented to the commission that the accuracy or the ability of the machine system to be used satisfactorily in the conduct of elections is in question.

(D)   Any A person or company who seeks approval for any type of voting machine system in this State must shall file with the State Election Commission a list of all states or jurisdictions in which that voting machine system has been approved for use. This list must state how long the machine system has been used in the State; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the machine system. The vendor is responsible for filing this information on an ongoing basis.

(E)   Any A person or an individual who seeks approval for any type of voting machine must system shall file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting machine system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.

(F)   Any A person or company who seeks approval for any voting machine must system shall conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting machine system, as part of the certification process. The field test shall must involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the use of the voting machine system must be borne by the vendor. The test must be designed to gauge voter reaction to the machine system, problems that voters have with the machine system, and the number of units required for the efficient operation of an election. The test also must also demonstrate the accuracy of votes reported on the machine system.

(G)   Before any a voting machine system, approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the


Printed Page 4737 . . . . . Thursday, May 27, 2004

manufacturer's expense with the approved software ITA with the Secretary of State. These source codes must be available to the State Election Commission in the event that case the company goes out of business, pursuant to court order, or in the event that if the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement had been met.

(H)   After a voting machine system is approved, an improvement or change in the machine system must be submitted to the State Election Commission for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer, reader, or printer used for election preparation or ballot tallying.

(I)   If the State Election Commission determines that a voting machine system that was approved no longer meets the requirements of subsections (A) and (B) or Section 7-13-1640, the commission may decertify that machine system. A decertified machine shall system must not be used in an election unless it is reapproved by the commission under pursuant to the provisions of subsections (A) and (B).

(J)   No A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have any a pecuniary interest in any voting machine system or in the manufacture or sale of any voting machine system."
E.   Sections 7-13-1310, 7-13-1650, and 7-13-1660 of the 1976 Code are repealed.
F.   This section takes effect upon approval by the Governor and when funding is available to implement the requirements of this section.
SECTION   5.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-140.   Notwithstanding any other provision of law, for political subdivisions of this State that were created to operate hospitals on a local or regional basis, which receive Medicaid funds to directly provide health care services, and whose governing body is not a county board, committee, or commission within the meaning of Section 4-9-170, the ability to call for or conduct advisory or binding referenda regarding their activities shall rest solely with the governing board of the political subdivision or a governmental body which appoints the board, including a county legislative delegation." /


Printed Page 4738 . . . . . Thursday, May 27, 2004

SECTION   6.   A.   Section 2-19-10(A) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

"(A)   Whenever When an election is to be held by the General Assembly in Joint Session, for members of the judiciary, a Judicial Merit Selection Commission, composed of ten members, shall must be appointed, in the manner prescribed by this section, to consider the qualifications and fitness of the candidates. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman and a vice chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:

(1)   the confidentiality of records and other information received concerning candidates for judicial office;

(2)   the conduct of proceedings before the commission;

(3)   receipt of public statements in support of or in opposition to any of the candidates;

(4)   procedures to review the qualifications and fitness of retired judges for continued judicial service;

(5)   contacting incumbent judges regarding their desire to seek re-election;

(6)   prohibition against candidates communicating with individual members of the commission concerning the qualifications and fitness of candidates unless specifically authorized by the commission.

A member may succeed himself as chairman or vice chairman. Six members of the commission constitute a quorum at all meetings."
B.   Section 2-19-20 of the 1976 Code, as last amended by Act 32 of 1999, is further amended to read:

"Section 2-19-20.   (A)   It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to will occur in the administrative law judge division and on the family court, circuit court, court of appeals, or Supreme Court and to expeditiously investigate in advance the qualifications and fitness of those who seek nomination judicial office. For purposes of this chapter, a vacancy is created in the administrative law judge division or on the family court, circuit court, court of appeals, or Supreme Court when any of the following occurs:

(1)     a term expires;


Printed Page 4739 . . . . . Thursday, May 27, 2004

(2)     a new judicial position is created; or

(3)     a judge can no longer serve due to resignation, retirement, disciplinary action, disability, or death.

(B)   The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall will occur, or receiving the decision of an incumbent judge regarding his seeking re-election, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to closing applications for the vacancy. The commission also shall, if practicable, also notify the South Carolina Bar, if practicable, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to closing applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.

(C)   The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the administrative law judge division, on the family court, circuit court, court of appeals, and Supreme Court. A person who desires to be considered for nomination judicial office as justice or judge may make application to the commission. No person may concurrently seek more than one judicial vacancy. The commission shall announce the names of those persons who have applied.

(D)   Any person wishing to seek a judicial office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the Judicial Merit Selection Commission. Upon receipt of the notice of intention, the commission shall begin to conduct the investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. This Upon request, the agency shall, upon request, cooperate fully with the commission."
C.   Section 2-19-25 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

"Section 2-19-25.   The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law judgeship or a family court, circuit court, court of appeals, or Supreme Court judgeship from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law. The chairman of the commission shall notify the president of


Printed Page 4740 . . . . . Thursday, May 27, 2004

the South Carolina Bar of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the scheduled date for the public hearing. The chairman of the commission shall also shall request the South Carolina Bar to offer the commission an assessment of each candidate's qualifications and fitness for the judgeship sought, and the date by which the assessment must be returned to the commission. This assessment must specify the bar's finding as to whether each candidate is qualified or unqualified for the judgeship sought and the reasons for that finding. The commission may receive the bar's assessment in that form and at that time it desires but shall attach the assessments to its findings of fact in such a form as the commission considers appropriate. Failure of the bar to return the assessment by the date requested is not a ground for delaying the applicable hearings or election."
D.   Section 2-19-30 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:

"Section 2-19-30.   (A) Upon completion of the investigation, the Chairman of the Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications and fitness of the candidates. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the commission. The statements must be furnished no later than forty-eight hours before the date and time set for the hearing. The commission shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the commission, must be submitted under oath and persons knowingly furnishing false information either orally or in writing are subject to the penalties provided by law for perjury and false swearing.

(B)   During the course of the investigation, the commission may schedule an executive session at which each candidate, and other persons whom the commission wishes to interview, may be interviewed by the commission on matters pertinent to the candidate's qualification qualifications and fitness for the office to be filled.

(C)   A After a reasonable time thereafter, the commission shall render its tentative findings as to whether the candidate is qualified and fit for the office to be filled and its reasons therefor for the findings as to each candidate.

(D)   As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact must be transcribed and published or otherwise made available in a reasonable number of copies to the members of


Printed Page 4741 . . . . . Thursday, May 27, 2004

both houses prior to the date of the scheduled election, and a copy thereof shall must be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.

(E)   A candidate may withdraw at any stage of the proceedings and in this event no further inquiry or consideration of his candidacy shall may be made. All materials concerning that candidate including his report, transcript, application, materials, and other information gathered during the commission's investigation must be kept confidential and destroyed as soon as possible after the candidate's written notification to the commission of his withdrawal. The information concerning a withdrawn candidate also shall be is exempt from disclosure pursuant to Chapter 4 of Title 30."
E.   Section 2-19-35 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

"Section 2-19-35.   (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications and fitness of the candidates for judicial office in the administrative law judge division or on the family court, circuit court, court of appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas:

(1)   constitutional qualifications;

(2)   ethical fitness;

(3)   professional and academic ability;

(4)   character;

(5)   reputation;

(6)   physical health;

(7)   mental stability;

(8)   experience; and

(9)   judicial temperament.

(B) In making nominations, race, gender, national origin, and other demographic factors should be considered by the commission to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State. "
F.   Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:

"Section 2-19-70.   (A)   No A member of the General Assembly may be elected to not file for a judicial office while he the member is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:

(1) ceases to be a member of the General Assembly; or


Printed Page 4742 . . . . . Thursday, May 27, 2004

(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.

(B)   The privilege of the floor in either house of the General Assembly may not be granted to any candidate or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission he is listed as qualified and fit for election to a particular judicial office by the commission and that election is pending in the General Assembly.

(C)   No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications and fitness of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications and fitness of its nominees the candidates to the General Assembly. The formal release of the report of qualifications and fitness shall may occur no earlier than forty-eight hours after the nominees have been list of qualified and fit candidates is initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations the list of qualified and fit candidates for that office are is formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications and fitness.

(D)   No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.

(E)   Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications and fitness. Violations of this section by members of the General


Printed Page 4743 . . . . . Thursday, May 27, 2004

Assembly shall must be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall must be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."
G.   Section 2-19-80 of the 1976 Code, as last amended by Act 49 of 2001, is further amended to read:

"Section 2-19-80.   (A)   The commission shall make nominations release to the General Assembly of candidates and their qualifications a list of the names of all candidates that are qualified and fit, as provided in Sections 15 and 27, Article V of the Constitution of this State and Section 2-19-35, for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names.

(B)   The nominations list of qualified and fit candidates of the commission for any judgeship are is binding on the General Assembly, and it shall not elect a person not nominated found qualified and fit by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.

(C)(1)   If the commission does not find the incumbent justice or judge qualified and fit for the judicial office held and sought, his name shall may not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.

(2)   If the commission finds an incumbent judge not qualified and fit for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the


Printed Page 4744 . . . . . Thursday, May 27, 2004

time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations list of qualified and fit candidates the names, and qualifications, and fitness of persons other than the incumbent judge it included in its previous nominations list.

(D)   The commission shall accompany its nominations list of qualified and fit candidates to the General Assembly with reports or recommendations as to the qualifications and fitness of particular candidates.

(E)   A period of at least two weeks must elapse between the date of the commission's nominations release of its list of qualified and fit candidates to the General Assembly and the date the General Assembly conducts the election for these judgeships."
H.   Section 2-19-90 of the 1976 Code, as added by Act 391 of 1996, is amended to read:

"Section 2-19-90.   The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees list of qualified and fit candidates for each judicial race, and no further nominating or seconding speeches shall be are allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly voting in joint session."
I.   Section 2-19-100, as last amended by Act 35 of 1997, is further amended to read:

"Section 2-19-100.   In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications and fitness for continued judicial service and be found by the commission to be qualified and fit to serve in these situations within four years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired."


Printed Page 4745 . . . . . Thursday, May 27, 2004

J.   Section 2-19-110, as last amended by Act 35 of 1997, is further amended to read:

"Section 2-19-110.   Upon a vacancy in the office of master-in-equity, candidates therefor shall submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. No person found not qualified or unfit by the commission may be appointed to the office of master-in-equity. For purposes of this section, a vacancy is created in the office of the master-in-equity when any of the following occurs: a term expires, a new judicial position is created, or a judge no longer can serve due to resignation, retirement, disciplinary action, disability, or death. The Judicial Merit Selection Commission may begin screening prior to the actual date of the vacancy in the case of an expiration of term, resignation, or retirement pursuant to written notice thereof."
K.   Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:

"Section 2-19-70.   (A)   As used in this section, 'immediate family member' means an individual who is:

(1)   a child residing in the person's household;

(2)   a spouse of the person; or

(3)   claimed by the person or the person's spouse as a dependent for income tax purposes.

(B)   No member of the General Assembly or member of his immediate family may be elected to a judicial office while he the member is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:

(1)   ceases to be a member of the General Assembly; or

(2)   fails to file for election to the General Assembly in accordance with Section 7-11-15.

(B)(C)   The privilege of the floor in either house of the General Assembly may not be granted to any a candidate or any an immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by


Printed Page 4746 . . . . . Thursday, May 27, 2004

the commission for election to a particular judicial office is pending in the General Assembly.

(C)(D)   No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.

(D)(E)   No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.

(E)(F)   Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."
L.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this section is for any reason held to be


Printed Page 4747 . . . . . Thursday, May 27, 2004

unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   7.   A.   Section 14-7-1610 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:

"Section 14-7-1610.   It is the intent of the General Assembly to enhance the grand jury system and to improve the ability of the State to detect and eliminate criminal activity. The General Assembly recognizes the great importance of having the federal authorities available for certain investigations. The General Assembly finds that crimes involving narcotics, dangerous drugs, or controlled substances, as well as crimes involving obscenity, often transpire or have significance in more than one county of this State. When this occurs, these crimes are most effectively detected and investigated by a grand jury system which has the authority to cross county lines.

The General Assembly further finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and eliminate public corruption. Crimes involving public corruption transpire at times in a single county, but often transpire or have significance in more than one county of this State. The General Assembly believes that a state grand jury, possessing considerably broader investigative authority than individual county grand juries, should be available to investigate public corruption offenses in South Carolina.

The General Assembly further finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes involving the election laws, including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws.

The General Assembly finds it fundamentally necessary to improve the ability of the State to prevent, detect, investigate, and prosecute crimes that involve the depiction of children under the age of eighteen in sexual activity, and obscenity crimes that are directed


Printed Page 4748 . . . . . Thursday, May 27, 2004

toward or involve children under the age of eighteen. The serious and unacceptable threat that these crimes pose to children is self-evident and impacts the State as a whole even if the actual criminal act occurs only in one county of the State. An effective effort to eliminate these heinous crimes requires a coordinated effort, which is accomplished more effectively through the state grand jury system. The effective prevention, detection, investigation, and prosecution of these crimes may require the use and application of state obscenity statutes or common law offenses not specifically directed toward the prevention and punishment of obscenity crimes involving children. Because many of these crimes involve computers, statewide jurisdiction over these crimes is consistent with the jurisdiction of a state grand jury over offenses defined in the Computer Crime Act. The General Assembly concludes that a state grand jury must be available to employ its broad investigative powers in the investigation of child-related obscenity by enabling the state grand jury to investigate all obscenity offenses, regardless of their multi-county impact, or whether they transpire or have significance in more than one county of this State.

The General Assembly further finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes involving the environment including, but not limited to, offenses specified in Titles 13, 44, and 48, or any common law crime arising out of or in connection with the environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment.

The General Assembly further finds that related criminal activity often arises out of or in connection with crimes involving narcotics, dangerous drugs or controlled substances, obscenity, or public corruption, or environmental offenses and that the mechanism for detecting and investigating these related crimes must be improved also.

Accordingly, the General Assembly concludes that a state grand jury should be allowed to investigate certain crimes related to narcotics, dangerous drugs, and obscenity and should also be allowed to investigate crimes involving public corruption, and election laws, and environmental offenses.

Nothing herein in this article limits the authority of a county grand jury, solicitor, or other appropriate law enforcement personnel to investigate, indict, or prosecute offenses within the jurisdiction of the state grand jury."


Printed Page 4749 . . . . . Thursday, May 27, 2004

B.   Section 14-7-1615 of the 1976 Code, as last amended by Act 335 of 1992, is further amended by adding an appropriately lettered subsection to read:

"( )   'Environmental offenses' are those concerning the water, ambient air, soil or land, or both soil and land, including, but not limited to, violations of the State Safe Drinking Water Act, the Pollution Control Act, the Infectious Waste Management Act, the Hazardous Waste Management Act, the Solid Waste Policy and Management Act, the State Underground Petroleum Response Act, the Atomic Energy and Radiation Control Act, the South Carolina Mining Act, the Coastal Zone Management Act, and the Sediment and Erosion Control Act."
C.   Section 14-7-1630(A) of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:

"(A)   The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)   crimes involving narcotics, dangerous drugs, or controlled substances, or any crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, and crimes involving obscenity or any attempt, aiding, abetting, solicitation, or conspiracy to commit any of the aforementioned crimes if the crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State;

(2)   any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, any crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(3)   crimes involving the election laws including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(4)   crimes involving computer crimes, pursuant to Chapter 16, Title 16, or any conspiracy or solicitation to commit these crimes;


Printed Page 4750 . . . . . Thursday, May 27, 2004

(5)   crimes involving terrorism, or any conspiracy or solicitation to commit these crimes. Terrorism includes activities that:

(a)   involve acts dangerous to human life that are a violation of the criminal laws of this State;

(b)   appear to be intended to:

( i)   intimidate or coerce a civilian population;

(ii)   influence the policy of a government by intimidation or coercion; or

(iii)   affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)   occur primarily within the territorial jurisdiction of this State; and

(6)   crimes involving any violation of Chapter 1, Title 35 of The Uniform Securities Act, or any crime related to securities fraud or a violation of the securities laws;

(7)   a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity.; and

(8)   crimes involving the water, ambient air, soil or land, or both soil and land including, but not limited to, the State Safe Drinking Water Act, the Pollution Control Act, the Infectious Waste Management Act, the Hazardous Waste Management Act, the Solid Waste Policy and Management Act, the State Underground Petroleum Response Act, and the Atomic Energy Response Act, or any common law crimes involving environmental laws not superseded, or any crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment."
SECTION   8.   Unless otherwise provided herein, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. SANDIFER moved to divide the question.

Rep. MERRILL moved to table the motion.


Printed Page 4751 . . . . . Thursday, May 27, 2004

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

Yeas 56; Nays 50

Those who voted in the affirmative are:

Bales                  Bingham                Branham
J. Brown               Clyburn                Cobb-Hunter
Coleman                Cotty                  Dantzler
Davenport              Delleney               Emory
Frye                   Gilham                 Gourdine
Hagood                 Harrison               Haskins
M. Hines               Hinson                 Howard
Keegan                 Kennedy                Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Mack                   McLeod
Merrill                Miller                 J. H. Neal
J. M. Neal             Pinson                 E. H. Pitts
Quinn                  Richardson             Rivers
Rutherford             Scarborough            Scott
Sinclair               Skelton                G. M. Smith
J. E. Smith            Talley                 Taylor
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Weeks
Whipper                Young

Total--56

Those who voted in the negative are:

Bailey                 Barfield               Battle
Bowers                 R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Duncan                 Edge                   Freeman
Hamilton               Hayes                  J. Hines
Hosey                  Huggins                Jennings
Kirsh                  Koon                   Leach
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 Neilson
Ott                    Owens                  Perry
Phillips               M. A. Pitts            Rhoad
Rice                   Sandifer               D. C. Smith

Printed Page 4752 . . . . . Thursday, May 27, 2004

G. R. Smith            J. R. Smith            Snow
Stewart                Stille                 Townsend
Walker                 White                  Whitmire
Wilkins                Witherspoon

Total--50

So, the motion to divide the question was tabled.

The question then recurred to the adoption of the amendment.

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

Yeas 71; Nays 41

Those who voted in the affirmative are:

Bailey                 Bales                  Bingham
Branham                G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Coates                 Cobb-Hunter            Dantzler
Delleney               Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Harrison               Haskins                Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Keegan
Kennedy                Leach                  Limehouse
Littlejohn             Lloyd                  Lourie
Mack                   Martin                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Phillips               Pinson
E. H. Pitts            Quinn                  Rhoad
Richardson             Rivers                 Rutherford
Scarborough            Scott                  Sinclair
Skelton                G. M. Smith            J. E. Smith
Snow                   Talley                 Thompson
Toole                  Townsend               Tripp

Printed Page 4753 . . . . . Thursday, May 27, 2004

Umphlett               Vaughn                 Weeks
Whipper                Young

Total--71

Those who voted in the negative are:

Barfield               Battle                 Bowers
Cato                   Ceips                  Chellis
Clemmons               Cooper                 Cotty
Davenport              Duncan                 Edge
Harrell                Hayes                  Huggins
Jennings               Kirsh                  Koon
Lee                    Loftis                 Lucas
Mahaffey               McCraw                 Ott
Owens                  Perry                  M. A. Pitts
Rice                   Sandifer               Simrill
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Trotter                Walker                 White
Whitmire               Wilkins

Total--41

So, the amendment was adopted.

Reps. WITHERSPOON, RHOAD, HARRELL, CLEMMONS, BATTLE, SANDIFER, HAYES, EDGE, VIERS, SNOW and CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21324SD04), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:
/SECTION   _____.   Section 11-49-60(16) of the 1976 Code, as added by Act 387 of 2000, is amended to read:

"(16)   direct the Attorney General of this State to enforce in the name of the State of South Carolina, and if permissible to enforce directly through its own attorneys in the name of the State, the master settlement agreement, but the board may not give any approval of any amendment to the agreement without the approval of the General Assembly. This power is a part of the contractual obligation owed to the holders of any bonds; and"


Printed Page 4754 . . . . . Thursday, May 27, 2004

SECTION   _____.   Section 11-49-150 of the 1976 Code, as added by Act 387 of 2000, is amended to read:

"Section 11-49-150.   The General Assembly consents to and approves the master settlement agreement on behalf of this State and all of its agencies, departments, offices, political subdivisions, and other instrumentalities and bodies politic; and no such agencies, departments, offices, political subdivisions, and other instrumentalities or bodies politic of the State shall have any power or authority to bring suit against the participating manufacturers for claims in the nature of those settled by the master settlement agreement. At any time when bonds are outstanding and for one year and one day thereafter, the State must not agree to the amendment of the master settlement agreement without the approval of the authority; during that period, the authority may approve on behalf of the State amendments to the master settlement agreement if such amendments do not diminish the rights and remedies of the authority or the holders or any outstanding bonds. and This restriction on amendment of the master settlement agreement is a part of the covenant with the bondholders."
SECTION   _____.   A.   Title 11 of the 1976 Code is amended by adding:

"CHAPTER 48
Tobacco Qualified Escrow Fund Enforcement

Section 11-48-10.   The General Assembly finds that:

(1)   potential violations of Chapter 47 of this title, The Tobacco Escrow Fund Act, may threaten the integrity of the Tobacco Master Settlement Agreement, the financial interests of the State, and the public health; and

(2)   enacting procedural enhancements may deter potential violations and promote the enforcement of The Tobacco Escrow Fund Act, safeguard the Master Settlement Agreement, the financial interests of the State, and the public health.

Section 11-48-20.   As used in this chapter:

(1)   'Brand family' means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100's and includes the use of a brand name alone or in conjunction with another word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.


Printed Page 4755 . . . . . Thursday, May 27, 2004

(2)   'Cigarette' has the same meaning as in Section 11-47-20(d).

(3)   'Nonparticipating manufacturer' means a tobacco product manufacturer that is not a participating manufacturer.

(4)   'Participating manufacturer' has the meaning given that term in Section 11(jj) of the Master Settlement Agreement and all amendments to it.

(5)   'Qualified escrow fund' has the same meaning as that term is defined in Section 11-47-20(f).

(6)   'Cigarette distributor' means a person required to pay the tax imposed by Section 12-21-620 or authorized to affix a tax stamp to a cigarette package pursuant to Title 12.

(7)   'Tobacco product manufacturer' has the same meaning as that term is defined in Section 11-47-20(i).

(8)   'Units sold' has the same meaning as that term is defined in Section 11-47-20(j).

Section 11-48-30.   (A)   Each tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer, or similar intermediary or intermediaries shall execute and deliver on a form or in the manner prescribed by the Attorney General a certification to the Attorney General no later than the thirtieth day of April each year, certifying under penalty of perjury that, as of the date of this certification, the tobacco product manufacturer either is a participating manufacturer or is in full compliance with Section 11-47-30.

(1)   A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty days before any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General.

(2)   A nonparticipating manufacturer shall include in its certification a complete list of all of its brand families:

(a)   separately listing brand families of cigarettes and the number of units sold for each brand family in the State during the preceding calendar year;

(b)   listing all of its brand families that have been sold in the State at any time during the current calendar year;

(c)   indicating by an asterisk a brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of the certification; and


Printed Page 4756 . . . . . Thursday, May 27, 2004

(d)   identifying by name and address any other manufacturer of the brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update the list thirty days before any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General.

(3)   In the case of a nonparticipating manufacturer, the certification must certify further that:

(a)   it is registered to do business in the State or has appointed an agent resident within South Carolina for service of process and provided notice of the appointment;

(b)   it has established and continues to maintain a qualified escrow fund governed by an executed qualified escrow fund agreement that has been reviewed and approved by the Attorney General;

(c)   it is in full compliance with Section 11-47-30 and this chapter and regulations promulgated pursuant to them; and

(d)   the following information is accurate and complete:

(i)     name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to Section 11-47-30(b) and its regulations;

(ii)   the account number of the qualified escrow fund and subaccount number for the State of South Carolina;

(iii)   amount the nonparticipating manufacturer placed in the qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date, and amount of each deposit, and evidence or verification considered necessary by the Attorney General to confirm that information; and

(iv)   amounts of and dates of a withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from another qualified escrow fund into which it made qualified escrow fund payments pursuant to Section 11-47-30(b) and its regulations.

(4)(a)   A tobacco product manufacturer may not include a brand family in its certification unless:

(i)     in the case of a participating manufacturer, it affirms that the brand family is to be considered its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; and


Printed Page 4757 . . . . . Thursday, May 27, 2004

(ii)   in the case of a nonparticipating manufacturer, it affirms that the brand family is considered its cigarettes for purposes of Chapter 47 of this title.

(b)   This item does not limit or otherwise affect the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Chapter 47 of this title.

(5)   The tobacco product manufacturers shall maintain all invoices and documentation of sales and other information relied upon for the certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.

(B)   The Attorney General shall develop and make available for public inspection or publish on the office web site a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (A) and all brand families that are listed in the certifications except:

(1)   The Attorney General shall not include or retain in the directory the name or brand families of a nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with items (2) and (3) of subsection (A), unless the Attorney General determines that the violation is cured to his satisfaction.

(2)   Neither a tobacco product manufacturer nor brand family may be included or retained in the directory if the Attorney General concludes in the case of a nonparticipating manufacturer that:

(a)   all qualified escrow fund payments required pursuant to Section 11-47-30(b) for any period for a brand family, whether or not listed by the nonparticipating manufacturer, have not been paid fully into a qualified escrow fund governed by a qualified escrow fund agreement approved by the Attorney General; or

(b)   all outstanding final judgments, including interest on them, for violations of Section 11-47-30(b) have not been fully satisfied for the brand family and the manufacturer.

(3)   The Attorney General shall update the directory as necessary to correct mistakes, to add or remove a tobacco product manufacturer or brand families, and to keep the directory in conformity with the requirements of this chapter.

(4)   A cigarette distributor shall provide and update as necessary an electronic mail address to the Attorney General for the purpose of receiving notifications required by this chapter.


Printed Page 4758 . . . . . Thursday, May 27, 2004

(5)   Notwithstanding the provisions of items (1) and (2) of this subsection, in the case of a nonparticipating manufacturer who has established a qualified escrow fund account that has been approved by the Attorney General, the manufacturer or its brand families must not be removed from the directory unless the manufacturer has been given at least fourteen days notice of the intended action. For the purposes of this section, notice is considered sufficient if it is sent either electronically to an electronic-mail address or by first class to a postal mailing address provided by the manufacturer in its most recent certification filed pursuant to this section. The notified nonparticipating manufacturer has fourteen days from the receipt of the notice to comply. At the time that the Attorney General sends notice of its intent to remove the manufacturer from the directory, the Attorney General shall post the notice directly.

(C)(1)   It is unlawful for any person to:

(a)   affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory if such a stamp is required by law; or

(b)   sell, offer, acquire, hold, own, possess, transport, import or cause to be imported, for sale in this State cigarettes of a tobacco product manufacturer or brand family not included in the directory, or to import such cigarettes for personal consumption.

(2)   A person who violates the provisions of item (1) of this subsection engages in an unfair and deceptive trade practice in violation of Chapter 5, Title 39.

(3)   A person who, with knowledge of the prohibitions provided in item (1) of this section violates the provisions of item (1) of this section, is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned for not more than one year, or both. Each day a violation occurs constitutes a separate offense.

Section 11-48-40.   (A)   A nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or business entity, as a condition precedent to having its brand families listed or retained in the directory, shall appoint and continually engage without interruption the services of an agent in this State to act as agent for the service of process on whom all process and action or proceeding against it concerning or arising out of the enforcement of Chapter 47 of this title, may be served in a manner authorized by law. That service is legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer


Printed Page 4759 . . . . . Thursday, May 27, 2004

shall provide the name, address, phone number, and proof of the appointment and availability of the agent to, and to the satisfaction of, the Attorney General.

(B)   The nonparticipating manufacturer shall provide notice to the Attorney General thirty calendar days before termination of the authority of an agent and proof to the satisfaction of the Attorney General of the appointment of a new agent no fewer than five calendar days before the termination of an existing agent appointment. If an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the Attorney General of the termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.

(C)   A nonparticipating manufacturer whose cigarettes are sold in this State without appointing or designating an agent as required by this section is deemed to have appointed the Secretary of State as the agent and may be proceeded against in courts of this State by service of process upon the Secretary of State; except that, appointment of the Secretary of State as the agent does not satisfy the condition precedent to having its brand families listed or retained in the directory.

Section 11-48-50.   (A)   No later than twenty days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, a cigarette distributor shall submit information the Attorney General requires to facilitate compliance with this chapter including, but not limited to, a list by brand family of the total number of cigarettes or in the case of roll-your-own, the equivalent stick count for which the cigarette distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for the cigarettes. The cigarette distributor shall maintain, and make available to the Attorney General, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and other information relied upon in reporting to the Attorney General for a period of five years. The distributors also shall provide this information and documentation to the Department of Revenue and any other documentation requested by the Department of Revenue. The Department of Revenue shall process this information as needed by that agency and as needed by the Attorney General for the purposes of this chapter and the Tobacco Escrow Fund Act.

(B)   The Attorney General may share the information received pursuant to this chapter with other federal, State, or local agencies only for purposes of enforcement of this chapter, Chapter 47 of this title, or corresponding laws of other states. The Attorney General is further authorized to disclose to a cigarette manufacturer any information that


Printed Page 4760 . . . . . Thursday, May 27, 2004

has been provided by a tobacco product distributor as required by this act regarding the purchases from that manufacturer.

(C)   The Attorney General may require at any time from the nonparticipating manufacturer, proof from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with Chapter 47 of this title of the amount of money in the qualified escrow fund exclusive of interest, the dates of deposits, and the amounts and dates of all withdrawals from the qualified escrow fund.

(D)   In addition to the information required to be submitted pursuant to Section 11-48-30, the Attorney General may require a cigarette distributor or tobacco product manufacturer to submit additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine if a tobacco product manufacturer is in compliance with this chapter.

(E)   To promote compliance with the provisions of this chapter, the Attorney General may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of item (2) of Section 11-48-30(A) to make the qualified escrow fund deposits required in quarterly installments during the year in which the sales covered by such deposits are made. The Attorney General may require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit.

Section 11-48-60.   (A)   In addition to or instead of another civil or criminal remedy provided by law, upon a determination that a cigarette distributor has violated Section 11-48-30(C) or a regulation promulgated pursuant to it, the Attorney General may cause to be revoked or suspended the license of a cigarette distributor in the manner provided by Sections 12-60-1310 through 12-60-1350. Each stamp affixed, should such a stamp be required by law, and each offer to sell cigarettes in violation of Section 11-48-30(C) constitutes a separate violation. The Attorney General also may impose a civil penalty for each violation in an amount not to exceed the greater of five times the retail value of the cigarettes or five thousand dollars upon a determination of violation of Section 11-48-30(C).

(B)   Cigarettes that have been sold, offered, or possessed for sale in this State or imported for personal consumption in this State in a civil or criminal violation of Section 11-48-30(C) are declared contraband, and may be seized pending adjudication of the violation.


Printed Page 4761 . . . . . Thursday, May 27, 2004

Upon a determination of violation, the cigarettes are forfeited and must be destroyed.

(C)   The Attorney General may seek an injunction to restrain a threatened or actual violation of Sections 11-48-30(C)(1), 11-48-50(A), or 11-48-50(D) by a cigarette distributor and to compel the cigarette distributor to comply with the sections. In an action brought pursuant to this section, the State may recover the costs of investigation, costs of the action, and reasonable attorney's fees.

Section 11-48-70.   A determination of the Attorney General to not list in, or to remove from, the directory a brand family or tobacco product manufacturer is subject to review in the manner provided pursuant to Article 3, Chapter 23 of Title 1.

Section 11-48-80.   (A)   A person must not be issued a license or granted a renewal of a license to act as a cigarette distributor unless the person has certified in writing, under penalty of perjury, that he intends to comply fully with this chapter.

(B)   For the year 2004, the first report of cigarette distributors required by Section 11-48-50(A) is due thirty days after the effective date of this chapter; the certifications by a tobacco product manufacturer described in Section 11-48-30(A) are due forty-five days after the effective date of this chapter; and the directory described in Section 11-48-30(B) must be published or made available within ninety days after the effective date of this chapter.

(C)   The Attorney General may promulgate regulations necessary to effect the purposes of this chapter.

(D)   In any action brought by the State to enforce this chapter, the Office of the Attorney General is entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney's fees for a successful investigation or action.

(E)   Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.

(F)   If a court of competent jurisdiction finds that the provisions of this chapter and Chapter 47 conflict and cannot be harmonized, then the provisions of Chapter 47 must control. If any section, paragraph, item, or subitem, sentence, clause, or phrase of this chapter causes Chapter 47 of Title 11 to no longer constitute a Qualifying or Model Statute, as those terms are defined in the Master Settlement Agreement, then that portion of this chapter is invalid. If any section, paragraph, item, subitem, subsubitem, sentence, clause, or phrase of this chapter is held to be invalid, unlawful, or unconstitutional, that decision does not


Printed Page 4762 . . . . . Thursday, May 27, 2004

affect the validity of the remaining portions of this chapter or any part of it.

Section 11-48-90.   (A)   It is unlawful for a cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer to sell or possess counterfeit cigarettes. A person who violates this subsection is guilty of a felony and, upon conviction, must be punished as follows for a:

(1)   first violation with a total quantity of fewer than two cartons of cigarettes, by a fine of one thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both;

(2)   subsequent violation with a total quantity of fewer than two cartons of cigarettes, by a fine of five thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment, and the revocation by the Department of Revenue of any license required pursuant to Article 5, Chapter 21 of Title 12 held by the cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer;

(3)   first violation with a total quantity of two cartons of cigarettes or more by a fine of two thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both; or

(4)   subsequent violation with a quantity of two cartons of cigarettes or more by a fine of fifty thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment, and revocation by the Department of Revenue of any license required pursuant to Article 5, Chapter 21 of Title 12 held by the cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer license.

(B)(1)   For purposes of this section, counterfeit cigarettes includes cigarettes with false manufacturing labels or packages of cigarettes bearing counterfeit tax stamps.

(2)   Counterfeit cigarettes and related machinery encountered by a law enforcement agency in connection with a charged violation of this section are declared contraband and must be seized by the law enforcement agency and held by it pending adjudication of the charges. Upon conviction, the counterfeit cigarettes and related machinery are forfeited and must be destroyed.


Printed Page 4763 . . . . . Thursday, May 27, 2004

Section 11-48-100.   It is unlawful for any person knowingly to violate any provision of this chapter and any regulations promulgated pursuant to this chapter. Where no specific criminal penalty is provided in this chapter, such a violation is a misdemeanor and, upon conviction, the person must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.

Section 11-48-110.   This Chapter 48 is intended as an aid to the enforcement of, and not as an amendment or modification to, Chapter 47 of this title. The General Assembly hereby finds and declares that any agreement of the State to enforce Chapter 47 of this title pursuant to the Master Settlement Agreement shall not be modified, varied, amended, supplemented, increased, or extended by the enactment and enforcement of this Chapter 48. Without limiting the generality of the foregoing, the interpretation and the method or degree of enforcement of this Chapter 48 shall not be allowed to serve as evidence that the provisions of Chapter 47 of this title are not being diligently enforced as contemplated by the Master Settlement Agreement."

B.   Section 11-47-30(b)(2)(B) of the 1976 Code, as added by Act 47 of 1999, is amended to read:

"(B)   to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in this State in a particular year was greater than the state's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that agreement other than the Inflation Adjustment) the Master Settlement Agreement payments, as determined pursuant to Section IX(i) of that agreement including after final determination of all adjustments that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall must be released from escrow and revert back to such tobacco product manufacturer; or"

C.     If any part of the amendment to Section 11-47-30(b)(2)(B) of the 1976 Code made by this section is held by a court of competent jurisdiction to be unconstitutional, then Section 11-47-30(b)(2) of the 1976 Code is deemed to have been amended by deleting subsubitem (B) in its entirety. If thereafter a court of competent jurisdiction holds that Section 11-47-30(b)(2) as then in effect is unconstitutional, then Section 11-47-30(b)(2)(B) of the 1976 Code is deemed to have been amended to the form in which that subsubitem existed before its


Printed Page 4764 . . . . . Thursday, May 27, 2004

amendment by this section. Neither a holding of unconstitutionality nor the deleting of Section 11-47-30(b)(2)(B) as contemplated by this section affects, impairs, or invalidates any other part of Section 11-47-30 on the application of that section to any person or circumstance and the remaining parts of Section 11-47-30 continue in effect. /
Renumber sections to conform.
Amend title to conform.

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

Rep. MERRILL proposed the following Amendment No. 3(Doc Name COUNCIL\NBD\12635AC04), which was adopted:
Amend the bill, as and if amended, page 1071-21, by deleting lines 32 through 43 and inserting:
/B.   Section 14-7-1615 of the 1976 Code, as last amended by Act 335 of 1992, is further amended by adding an appropriately lettered subsection to read:

"( )   'Environmental offenses' are crimes involving wilfull acts which result in actual and substantial harm to the water, ambient air, soil, or land, or both soil and land, including, but not limited to, violations of the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Pollution Control Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any common law crimes involving environmental laws not superseded, or any crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment."/
Amend the bill further, beginning on page 1071-22, line 1 through 1071-23, line 20 by deleting Section 14-7-1630(A) in its entirety and inserting:
/   "Section 14-7-1630.   (A)   The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)   a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime


Printed Page 4765 . . . . . Thursday, May 27, 2004

involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;

(2)   a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(3)   a crime involving the election laws including, but not limited to, those named offenses as specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(4)   a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;

(5)   a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:

(a)   involves an act dangerous to human life that is a violation of the criminal laws of this State;

(b)   appears to be intended to:

(i)   intimidate or coerce a civilian population;

(ii)   influence the policy of a government by intimidation or coercion; or

(iii)   affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)   occurs primarily within the territorial jurisdiction of this State;

(6)   a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws; and

(7)   a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt,


Printed Page 4766 . . . . . Thursday, May 27, 2004

aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity.; and

(8)   crimes involving wilfull acts which result in actual and substantial harm to the water, ambient air, soil or land, or both soil and land, including, but not limited to, violations of the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Pollution Control Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any common law crimes involving environmental laws not superseded, or any crime arising out of or in connection with environmental laws, or nay attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment if the anticipated damages, including, but not limited to the cost of remediation, are five hundred thousand dollars or more.

(B)   Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division consider it necessary and normal investigative or prosecutorial procedures are not adequate, the Attorney General may petition in writing to the Chief Administrative Judge of the judicial circuit in which he seeks to impanel a state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition in all instances must specify that the public interest is served by the impanelment.

(C)   In all investigations of crimes specified in subsection (A)(8), except in matters where the Department of Health and Environmental Control or its officers or employees are the subjects of the investigation, the Attorney General must consult with and receive a formal written recommendation from the Commissioner of the Department of Health and Environmental Control before presenting the petition to the Chief Administrative Judge pursuant to Section 14-7-1630(B). If the Commissioner of the Department of Health and Environmental Control fails to provide a formal written recommendation within ten days of the Attorney General's request, the Attorney General may proceed with the petition to the Chief


Printed Page 4767 . . . . . Thursday, May 27, 2004

Administrative Judge pursuant to Section 14-7-1630(B), unless the Attorney General and commissioner have mutually agreed upon an extension of that time period. The ultimate recommendation by the commissioner is not binding on the Attorney General.

(D)   The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the Attorney General, the then chief administrative judge of the judicial circuit in which a state grand jury was impaneled, by order, may extend the term of that state grand jury for a period of six months but the term of that state grand jury, including any extension thereof, shall not exceed two years.

(D)(E)   The chief administrative judge of the circuit wherein a state grand jury is sitting shall preside over that state grand jury during his tenure as chief administrative judge. The successor chief administrative judge shall assume all duties and responsibilities with regard to any state grand jury impaneled before his term, including, but not limited to, presiding over the state grand jury and ruling on petitions to extend its term. This judge is referred to in this article as the presiding judge.

(E)(F)   The presiding judge may discharge a state grand jury prior to the end of its original term or any extension thereof, upon a determination that its business has been completed or upon the request of the Attorney General.

(F)(G)   If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the presiding judge may limit the investigation so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (E) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal."/
Renumber sections to conform.
Amend title to conform.


Printed Page 4768 . . . . . Thursday, May 27, 2004

Rep. MERRILL explained the amendment.

Rep. JENNINGS moved to table the amendment.

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

Yeas 3; Nays 102

Those who voted in the affirmative are:

Kirsh                  Stille                 Weeks

Total--3

Those who voted in the negative are:

Bailey                 Bales                  Barfield
Battle                 Bingham                Branham
G. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
M. Hines               Hinson                 Hosey
Huggins                Keegan                 Kennedy
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             Neilson                Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Rivers                 Rutherford
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith

Printed Page 4769 . . . . . Thursday, May 27, 2004

G. M. Smith            G. R. Smith            J. R. Smith
Snow                   Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Walker
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Total--102

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

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

Yeas 84; Nays 22

Those who voted in the affirmative are:

Bailey                 Bales                  Battle
Bingham                Branham                J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clyburn
Coates                 Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Leach                  Lee
Limehouse              Littlejohn             Lourie
Mack                   Mahaffey               Martin
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             Neilson
Ott                    Phillips               Pinson
E. H. Pitts            Rhoad                  Richardson
Rivers                 Rutherford             Scarborough

Printed Page 4770 . . . . . Thursday, May 27, 2004

Scott                  Simrill                Sinclair
Skelton                G. M. Smith            J. E. Smith
Snow                   Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Weeks                  Whipper                Whitmire
Wilkins                Witherspoon            Young

Total--84

Those who voted in the negative are:

Barfield               Bowers                 Clemmons
Cooper                 Duncan                 Edge
Kirsh                  Koon                   Lucas
McCraw                 Owens                  Perry
M. A. Pitts            Rice                   Sandifer
D. C. Smith            G. R. Smith            J. R. Smith
Stewart                Stille                 Trotter
White

Total--22

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

OBJECTION TO MOTION

Rep. HARRISON asked unanimous consent that S. 1071 (Word version) be read a third time tomorrow.
Rep. BARFIELD objected.

S. 988--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, June 1, which was adopted:

S. 988 (Word version) -- Transportation Committee: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT,


Printed Page 4771 . . . . . Thursday, May 27, 2004

CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE, AND TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.

S. 792--ORDERED TO THIRD READING

The following Bill was taken up:

S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.

Rep. CATO explained the Bill.

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

Yeas 103; Nays 0

Those who voted in the affirmative are:

Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
G. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Hayes                  J. Hines

Printed Page 4772 . . . . . Thursday, May 27, 2004

M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--103

Those who voted in the negative are:

Total--0

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

S. 792--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that S. 792 (Word version) be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 4773 . . . . . Thursday, May 27, 2004

REPORT OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5384 (Word version) -- Reps. Whitmire and Sandifer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN OCONEE COUNTY FROM THE VILLAGE OF LONG CREEK TO THE CHATTOOGA RIVER THE "MATHESON MEMORIAL HIGHWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MATHESON MEMORIAL HIGHWAY".

H. 5384--ADOPTED AND SENT TO THE SENATE

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

H. 5384 (Word version) -- Reps. Whitmire and Sandifer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN OCONEE COUNTY FROM THE VILLAGE OF LONG CREEK TO THE CHATTOOGA RIVER THE "MATHESON MEMORIAL HIGHWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MATHESON MEMORIAL HIGHWAY".

Whereas, George Matheson came to Long Creek from North Shields, England, prior to 1885. An adventurer, he dared to leave England, the home of his birth, and depart for an area in America which was lovely with its virgin forests, mountains, and streams, but remote, with poor mountain roads, few or no schools, where scratching out a living was difficult; and

Whereas, George and his father, Thomas, who accompanied him on his adventure to the new world purchased 250 acres of the 288 acre Jeremiah Roach land grant property in Long Creek in 1885 for three hundred dollars. Thomas returned to England where he died in 1901, leaving the land to George; and


Printed Page 4774 . . . . . Thursday, May 27, 2004

Whereas, this land is the center of Long Creek today, around which the community is formed. Most of the acreage remains in the Matheson family of descendants up to the great, great, great descendants of the Oconee County pioneer; and

Whereas, the Long Creek fire station and community building rest on five acres that the Matheson children sold to Oconee County for the erection of the Long Creek Elementary School. When school consolidation made the building obsolete, it was converted to its present use; and

Whereas, George built Matheson's Store in the heart of Long Creek in the late 1890's or early 1900's. He was a gentleman whose appearance one never forgot. With his full-face beard, English accent, English plaid cap and unpressed pants, he spoke in a gentle manner, always with grace and integrity. With a cigar held firmly between his teeth, he spread his influence near and far; and

Whereas, his store was the only general store-gasoline station between Westminster and Clayton, Georgia, for many years. It enabled residents to purchase essential goods and gasoline without the time and expense of travel; and

Whereas, George was named Long Creek postmaster in 1920 and served for 17 years, until 1937, when he suffered a stroke and was forced to retire. The position of postmaster stayed in the Matheson family, when son, Charles, was named to the post. When Charles retired, his brother, Nelson Matheson, was named postmaster. He served until 1964. For 44 years, a Matheson was postmaster; and

Whereas, the first telephone in the Long Creek area was in Matheson's Store and served as the community phone; and

Whereas, George first taught students of all ages in a small school in Long Creek. Educated in England, it was said that he was the most educated man in those mountains; and

Whereas, George was Justice of the Peace, whether he was meting out justice or marring local couples, he gave out advice, filled out legal papers, and gave assistance in a community where many were unable to read or write; and


Printed Page 4775 . . . . . Thursday, May 27, 2004

Whereas, George not only taught in a small Long Creek school, but he was a part of the effort to bring education to mountain children when he joined the Reverend L. H. Raines in founding Long Creek Academy. He was the first secretary of the founding organization according to a story in the archives of the Keowee Courier, a newspaper published in Walhalla since the 1850's. Several of the Matheson siblings graduated from this school before furthering their education at Furman University; and

Whereas, this man of the mountains, an English immigrant, was a pioneer in making Long Creek an apple-growing region in South Carolina. He and his father-in-law, Nathaniel Shedd, whose farm joined the Mathesons' on the west, were leaders in this movement and for many years, the Matheson-Shedd apple orchards were the first thing one saw surrounding Matheson's Store on all sides as one drove into Long Creek; and

Whereas, descendants of this remarkable man and his wife, Mary Ann, have enriched Oconee County, the State, and our country. There are doctors, lawyers, educators, business owners, government officials and employees, firemen, police officers, mill workers, farmers, orchardists, career military, and others who claim the Matheson legacy; and

Whereas, given the profound impact the Matheson family has had throughout our state's history, it is fitting and proper to name a portion of United States Highway 76 in Oconee County in their honor. Now, therefore,

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

That the members of the General Assembly of South Carolina, by this resolution, request that the Department of Transportation name the portion of United States Highway 76 in Oconee County from the village of Long Creek to the Chattooga River the "Matheson Memorial Highway" and install appropriate markers or signs along this portion of highway that contain the words "Matheson Memorial Highway".


Printed Page 4776 . . . . . Thursday, May 27, 2004

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

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

REPORT OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5389 (Word version) -- Reps. Miller, Breeland, Altman, Mack, Scarborough and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY BETWEEN DOAR ROAD AND SEEWEE ROAD THE "WILLIAM H. ALSTON HIGHWAY" AND PLACE APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "WILLIAM H. ALSTON HIGHWAY".

H. 5389--ADOPTED AND SENT TO THE SENATE

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

H. 5389 (Word version) -- Reps. Miller, Breeland, Altman, Mack, Scarborough and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY BETWEEN DOAR ROAD AND SEEWEE ROAD THE "WILLIAM H. ALSTON HIGHWAY" AND PLACE APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "WILLIAM H. ALSTON HIGHWAY".

Whereas, the Honorable William H. Alston has served as the Mayor of the Town of Awendaw since it was incorporated after being devastated by Hurricane Hugo; and

Whereas, given the great leadership William H. Alston has provided the Town of Awendaw as its first and only mayor, it is fitting and proper for the members of the General Assembly to name a portion of


Printed Page 4777 . . . . . Thursday, May 27, 2004

United States Highway 17 in Charleston County in his honor. 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, request that the Department of Transportation name the portion of United States Highway 17 in Charleston County between Doar Road and Seewee Road the "William H. Alston Highway" and place appropriate signs or markers along this portion of highway that contain the words "William H. Alston Highway".

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

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

CONCURRENT RESOLUTION

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

H. 5391 (Word version) -- Reps. Davenport and W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROGER MILLIKEN FOR HIS CONTRIBUTIONS TO THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT AND TO REQUEST THAT THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION NAME THE AIRFIELD LOCATED AT THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT, "ROGER MILLIKEN FIELD".

Whereas, what began as a dream and a vision of two men in the Upstate became a reality that has benefited the Palmetto State in countless ways and has brought the world to the fingertips of South Carolinians; and

Whereas, beginning in the late 1950's, Roger Milliken and Charlie Daniel facilitated a number of meetings in Spartanburg to discuss the


Printed Page 4778 . . . . . Thursday, May 27, 2004

need for a more modern aviation facility, the result being the Greenville-Spartanburg International Airport; and

Whereas, in 1960 Mr. Milliken was elected the first and only chairman of the joint airport commission and he fought vigorously for funding from the national government, securing $550,000 of federal funds for clearing and grading for the site which began July 7, 1961; and

Whereas, with Mr. Milliken spearheading the project, the airport was completed on schedule and took only fifteen and a half months to complete with opening day October 15, 1962; and

Whereas, with a spectacular garden area and landscaping, the only international airport in the United States with such a magnificently landscaped setting, the Greenville-Spartanburg International Airport has become a hub for both business and leisure travelers alike, making the airport one of the most user friendly and technologically advanced airports in the country; and

Whereas, under Mr. Milliken's leadership, the Greenville-Spartanburg Airport Commission has strategically purchased nearly 1,200 additional acres of land surrounding the original site and has expanded the airport terminal and passenger waiting area by 140,000 square feet and increased the number of available gates to thirteen; and

Whereas, Mr. Milliken also oversaw two runway-lengthening projects with the most recent making the runway 11,001 feet and he worked with legislative leaders to build a new weather station with Doppler equipment and has worked with the South Carolina Department of Transportation to improve access to the airport from Interstate 85; and

Whereas, throughout the history of the Greenville-Spartanburg International Airport, Mr. Milliken has been a driving force that kept the airport thriving, and his dedication and commitment to both the airport and to the Greenville-Spartanburg region is legendary; and

Whereas, with a vision that will extend decades into the future, Roger Milliken's dream for an international airport for the upstate was


Printed Page 4779 . . . . . Thursday, May 27, 2004

more than just a dream; it has become a reality that continues to bring business and industry to South Carolina and to provide South Carolinians a gateway to the world. 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, recognize and honor Roger Milliken for his contributions to the Greenville-Spartanburg International Airport and request that the Greenville-Spartanburg Airport Commission name the airfield located at Greenville-Spartanburg International Airport, "Roger Milliken Field".

Be it further resolved that a copy of this resolution be provided to the Greenville-Spartanburg Airport Commission and Roger Milliken.

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

MOTION NOTED

Rep. CATO moved to reconsider the vote whereby S. 1071 (Word version), as amended, was given a second reading and the motion was noted.

Rep. RICE moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5331 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 108 ALONG INTERSTATE HIGHWAY 95 IN CLARENDON COUNTY THE "BRIGGS, DELAINE, PEARSON INTERCHANGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "BRIGGS, DELAINE, PEARSON INTERCHANGE".

H. 5365 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE


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MEMBERS OF GREENWOOD'S EMERALD HIGH SCHOOL BOYS SOCCER TEAM AND THEIR COACHING STAFF ON CAPTURING THE 2004 CLASS AA STATE CHAMPIONSHIP TITLE, AND TO COMMEND THEM ON THEIR DEDICATION TO BEING A CHAMPIONSHIP TEAM.

H. 5366 (Word version) -- Rep. Pinson: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE GREENWOOD CHRISTIAN SCHOOL VARSITY GIRLS SOCCER TEAM AND THEIR COACHING STAFF FOR WINNING THE SCISA REGION AA STATE CHAMPIONSHIP AND TO COMMEND THEM ON THEIR HARD WORK AND DETERMINATION TO BECOME A CHAMPIONSHIP TEAM.

H. 5367 (Word version) -- Reps. Huggins, McLeod and Quinn: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THOMAS HAMILL, GRAND MARSHAL OF THE CHAPIN LABOR DAY PARADE, FOR HIS HEROIC ESCAPE FROM CAPTIVITY IN IRAQ AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

H. 5373 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. VELMA H. MAYER OF ANDERSON COUNTY ON THE REMARKABLE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.

H. 5385 (Word version) -- Reps. Harrell, Allen, Altman, Anthony, 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, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, 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,


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Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE LIEUTENANT MICHAEL THOMAS ON RECEIVING THE UNITED STATES COAST GUARD MERITORIOUS PUBLIC SERVICE AWARD AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

H. 5386 (Word version) -- Reps. Harrell, Allen, Altman, Anthony, 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, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, 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, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE SERGEANT CHISOLM FRAMPTON ON RECEIVING THE UNITED STATES COAST GUARD MERITORIOUS PUBLIC SERVICE AWARD AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

H. 5387 (Word version) -- Reps. Harrell, Allen, Altman, Anthony, 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, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine,


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Govan, Hagood, Hamilton, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, 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, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MAJOR ALVIN A. TAYLOR ON RECEIVING THE UNITED STATES COAST GUARD MERITORIOUS PUBLIC SERVICE AWARD AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

H. 5388 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND MICHAEL B. HENDERSON FOR EIGHT YEARS OF FAITHFUL SERVICE AS PASTOR OF BETHEL UNITED METHODIST CHURCH AND TO EXTEND BEST WISHES FOR HIS CONTINUED SUCCESS AT BETHEL UNITED.

H. 5390 (Word version) -- Reps. McLeod, Allen, Altman, Anthony, 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, Davenport, 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, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, 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, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor,


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Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE PALMETTO HEALTH HOSPICE ON THE OCCASION OF THEIR TWENTY-FIFTH ANNIVERSARY OF CARING, COMPASSIONATE SERVICE TO SOUTH CAROLINA PATIENTS AND FAMILIES AND TO ENCOURAGE CITIZENS TO INCREASE THEIR AWARENESS OF THE IMPORTANCE AND AVAILABILITY OF HOSPICE SERVICES AND TO OBSERVE THIS MONTH WITH APPROPRIATE ACTIVITIES AND PROGRAMS.

ADJOURNMENT

At 11:55 a.m. the House, in accordance with the motion of Rep. D. C. SMITH, adjourned in memory of Mrs. Pansy Martin of Swansea, mother-in-law of Representative Clark, to meet at 10:00 a.m. tomorrow.

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