TUESDAY, APRIL 27, 2004

Tuesday, April 27, 2004

(Statewide Session)

Indicates Matter Stricken

Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear words from Psalm 3:5:

“Weeping may linger for the night, but joy comes with the morning.”

Let us pray.

Father, apparently the psalmist has gone from an experience of prosperity to some personal distress… and gives his success to the goodness of God.

We are hearing more bad news from the war zones, and our leaders have publicly announced that they are contemplating more extensive military operations that carry serious risky consequences.

So, Father, we say a special prayer this morning. Please enable our President to make right decisions amidst conflicting advice in these crisis days!

We remember the psalmist when he said, “Weeping may linger for the night, but joy comes with the morning.”

Amen!

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Statewide Appointments

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 20, 2003, and to expire September 20, 2007

At-Large

C. Wayne Powell, 147 Powell Road, Gaffney, S.C. 29340 VICE Willis T. Goodwin

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2004, and to expire May 19, 2008

3rd Congressional District

Anne O. McAlister, State Farm Insurance, 100 Century Plaza, Suite One, Seneca, S.C. 29672 VICE Jacqueline Faye Brown

Referred to the General Committee.

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2004, and to expire June 30, 2008

5th Congressional District

Martha W. Brock, 154 Hidden Acres Drive, Gaffney, S.C. 29341 VICE Elizabeth G. Rivers

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

6th Congressional District

Priscilla L. Tanner, P. O. Box 85, Johnsonville, S.C. 29555 VICE Mary T. Williams

Referred to the Committee on Judiciary.

Initial Appointment, State Board of Pharmacy, with term to commence June 30, 2004, and to expire June 30, 2010

3rd Congressional District

Walter A. Toole, R.Ph., Liberty Family Pharmacy, 115 W. Main Street, Liberty, S.C. 29657 VICE Rufus E. Sadler

Referred to the Committee on Medical Affairs.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2906

Agency: Department of Revenue

SUBJECT: Repeal of Video Poker Regulations

Received by Lieutenant Governor April 27, 2004

Referred to Finance Committee

Legislative Review Expiration August 25, 2004

(Subject to Sine Die Revision)

Document No. 2907

Agency: Department of Revenue

SUBJECT: Drive-In/Drive-Thru Establishments Prohibited

Received by Lieutenant Governor April 27, 2004

Referred to Judiciary Committee

Legislative Review Expiration August 25, 2004

(Subject to Sine Die Revision)

Document No. 2908

Agency: Department of Insurance

SUBJECT: Continuing Insurance Education

Received by Lieutenant Governor April 27, 2004

Referred to Banking and Insurance Committee

Legislative Review Expiration August 25, 2004

(Subject to Sine Die Revision)

Doctor of the Day

Senator McCONNELL introduced Dr. Louis Costa of Charleston, S.C., Doctor of the Day.

Expression of Personal Interest

Senator RYBERG rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator PEELER rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Leave of Absence

At 12:10 P.M., Senator LEVENTIS requested a leave of absence from 6:00 - 9:00 P.M. this evening.

Leave of Absence

At 12:10 P.M., Senator LEVENTIS requested a leave of absence from 12:00 - 7:00 P.M. tomorrow.

Leave of Absence

At 12:15 P.M., Senator FORD requested a leave of absence beginning at 5:00 P.M. today and lasting until 2:00 P.M. Wednesday.

Leave of Absence

At 12:15 P.M., Senator FORD requested a leave of absence beginning at 5:30 P.M. on Wednesday and lasting until 9:00 A.M. Thursday morning.

Leave of Absence

On motion of Senator FORD, at 12:15 P.M. Senator GLOVER was granted a leave of absence beginning at 5:30 P.M. on Wednesday and lasting until 9:00 A.M. Thursday morning.

Leave of Absence

At 12:20 P.M., Senator CROMER requested a leave of absence from 6:00 - 8:00 P.M. today.

Leave of Absence

At 12:20 P.M., Senator LAND requested a leave of absence from 2:00 - 4:00 P.M. on Wednesday.

Leave of Absence

At 12:20 P.M., Senator FAIR requested a leave of absence from 5:30 P.M. today and lasting until 2:00 P.M. on Wednesday.

Leave of Absence

At 12:20 P.M., Senator GROOMS requested a leave of absence from 4:00 P.M. today and lasting until 9:00 A.M. on Wednesday.

Leave of Absence

At 12:20 P.M., Senator PATTERSON requested a leave of absence from 6:00 P.M. today and lasting until 2:00 P.M. on Wednesday.

Objection to Leave of Absence

At 2:30 P.M., Senator MESCHER asked unanimous consent to make a motion to grant a leave of absence for Senator KUHN until 2:00 P.M. on Wednesday morning.

Senator RICHARDSON objected.

Leave of Absence

On motion of Senator HAWKINS, at 4:00 P.M. Senator KUHN was granted a leave of absence until 10:00 A.M. on Wednesday morning.

RECALLED AND READ THE SECOND TIME

H.4793 -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKEUP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator McGILL asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

The Resolution was recalled from the committee.

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

On motion of Senator McGILL, with unanimous consent, the Resolution was read the second time, passed and ordered to a third reading.

H.4793--Ordered to a Third Reading

On motion of Senator McGILL, with unanimous consent, H.4793 was ordered to receive a third reading on Wednesday, April 28, 2004.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1197 -- Senator Martin: A CONCURRENT RESOLUTION TO CONGRATULATE IRVIN D. PARKER UPON THE OCCASION OF HIS RETIREMENT FROM THE STATE ACCIDENT FUND AFTER TWENTY-NINE YEARS OF DEDICATED SERVICE TO THE STATE AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.

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

S. 1198 -- Senator Thomas: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 15 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR INCOME AND PROPERTY TAX CREDITS FOR TUITION PAID TO PUBLIC OR NONPUBLIC SCHOOLS, TO PROVIDE FOR INCOME AND PROPERTY TAX CREDITS FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS.

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

S. 1199 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-9-18 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENT ON PERSONS RESIDING IN GATED RESIDENTIAL COMMUNITIES AND TO PROVIDE THAT A PERSON GUARDING THE GATE MAY BE HELD IN CONTEMPT OF COURT FOR INTERFERING WITH THE PROPER EXECUTION OF LEGAL PROCESS.

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

S. 1200 -- Senators Courson, Hutto, Alexander, Anderson, Branton, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO PROCLAIM MAY 2004, AS “BICYCLE SAFETY MONTH” IN SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THE BENEFITS OF BICYCLING, TO RECOGNIZE EFFORTS MADE TO IMPROVE BICYCLE SAFETY, AND TO REMIND ALL DRIVERS TO "SHARE THE ROAD".

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The Senate Resolution was introduced and referred to the General Committee.

S. 1201 -- Senator Knotts: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 8 SO AS TO PROVIDE CERTAIN RESTRICTIONS THAT MUST BE IMPOSED UPON A PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE THAT RENDERS HIM A SEX OFFENDER AND WHO IS EITHER SERVING A PROBATIONARY SENTENCE OR WHO IS PARTICIPATING IN A COMMUNITY SUPERVISION PROGRAM.

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Read the first time and referred to the Committee on Corrections and Penology.

S. 1202 -- Senators Knotts, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION CONGRATULATING MITCHEL COOPER OF PELION IN LEXINGTON COUNTY ON HIS SELECTION AS THE GOLD MEDAL OF ACHIEVEMENT RECIPIENT FOR 2004 IN RECOGNITION OF HIS CHURCH, SCHOOL, AND COMMUNITY LEADERSHIP AND HIS EXCELLENCE IN ACHIEVEMENT AS A MEMBER OF THE PENTECOSTAL HOLINESS CHURCH ROYAL RANGERS PROGRAM.

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The Senate Resolution was adopted.

S. 1203 -- Senators Patterson and Jackson: A CONCURRENT RESOLUTION TO SHOW APPRECIATION TO DOC MCKENZIE FROM LAKE CITY, SOUTH CAROLINA, FOR ALL OF HIS SERVICES AND FOR BEING A POSITIVE INFLUENCE IN THE LIVES OF THE MANY PEOPLE WITH WHOM HE HAS COME IN CONTACT IN THIS STATE AND NATION.

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

H. 4675 -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.

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

H. 4732 -- Reps. Davenport, Clyburn, Frye, Hamilton, Littlejohn, Loftis, Pinson, Rice, Taylor, Weeks and Toole: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE ON EMERGENCY ROOM DIVERSION TO BE CONVENED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE USE OF EMERGENCY ROOMS, TO IDENTIFY INAPPROPRIATE USAGE AND TO DEVELOP A PLAN FOR COMMUNITY SERVICES ALTERNATIVES; TO SUBMIT A PLAN TO REDUCE INAPPROPRIATE USE OF EMERGENCY ROOMS AND A BUDGET TO IMPLEMENT THIS PLAN AND TO PROVIDE MORE APPROPRIATE SERVICES; AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ASSIST THE DEPARTMENT IN CONDUCTING A PILOT PROJECT.

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

H. 4735 -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4846 -- Reps. Talley and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.

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

H. 4975 -- Rep. Cato: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 132 SO AS TO PROHIBIT PHYSICIANS AND OTHER SPECIFIED HEALTHCARE PROFESSIONALS FROM SOLICITING PAYMENT FOR OUTPATIENT ANATOMIC PATHOLOGY OR CYTOLOGY SERVICES UNLESS THE SERVICE WAS PERSONALLY RENDERED BY THAT PHYSICIAN OR HEALTHCARE PROVIDER AND TO PROVIDE EXCEPTIONS AND PENALTIES.

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

H. 4990 -- Reps. Harrell, Chellis, Barfield, Hamilton and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF.

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

H. 5002 -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.

Read the first time and referred to the Committee on Banking and Insurance.

H. 5042 -- Reps. Wilkins, Harrison and Jennings: A BILL TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR COUNTY LEGISLATIVE DELEGATION IF PROPER RECORDS ARE MAINTAINED AND MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO CLARIFY THAT IF A MUNICIPAL ELECTION IS NOT HELD PURSUANT TO SECTION 7-13-190, THE CANDIDATE SHALL FILE A CAMPAIGN DISCLOSURE REPORT WITHIN FIFTEEN DAYS OF BEING DECLARED A WINNER OR FIFTEEN DAYS BEFORE THE ESTABLISHED ELECTION DATE, WHICHEVER DATE IS SOONER.

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

H. 5044 -- Reps. McGee, Quinn and Toole: A BILL TO AMEND CHAPTER 6 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO ESTABLISH THE PHARMACY AND THERAPEUTICS COMMITTEE WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE FOR THE MEMBERSHIP, ORGANIZATION, AND DUTIES OF THE COMMITTEE, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL ADHERE TO CERTAIN PROVISIONS WHEN IMPLEMENTING THE PREFERRED DRUG LIST.