Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, the Psalmist gives us a prayer for today in Psalm 39:7:

"And now, Lord, for what do I wait?

My HOPE is in You!"
Let us pray.

O God, we thank You that You are constantly calling us to higher ground.

You have called a few of us to make complicated decisions for many of us.

We feel that we have been called to posts of duty where we struggle with destiny and wrestle with issues the end of which no one can see.

Help us to yield where the call of the common good beckons us to make self-giving sacrifices.
Amen!

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

The following appointments were transmitted by the Honorable James H. Hodges:

Initial Appointment, Director, Department of Corrections, with term coterminous with Governor

Gary D. Maynard, 1116 Meadow Ridge Road, Norman, OK. 73072 VICE William D. Catoe

Referred to the Committee on Corrections and Penology.

Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002

Jeffrey A. Constant, 131 Creek Road East, Greenwood, S.C. 29646 VICE Harry W. Sparks

Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Mark E. English, 116 Duncan Street, Whitmire, S.C. 29178 VICE Barry Koon

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2001, and to expire April 30, 2003

Sarah R. Simmons, 300 Pineridge Drive, Spartanburg, S.C. 29304

Senator WALDREP introduced Drs. Jay Buehler and Rebecca Norris of Anderson, S.C., Doctors of the Day.

Senator VERDIN rose for an Expression of Personal Interest.

Mr. PRESIDENT, ladies and gentlemen of the Senate, I just want to take this opportunity to thank the leadership of this body for allowing me this privilege.

As everyone is well aware, tomorrow this body will memorialize Confederate Memorial Day and for that, the people of South Carolina and I are thankful. Let me also take this opportunity to salute this legislature and this body again for last year making Confederate Memorial Day an official state holiday. Confederate Memorial Day has been a time-honored tradition all across this country for at least 125 years, going back to the early to mid 1880's. We will acknowledge Confederate Memorial Day as a body tomorrow. But I would invite each and every one of you and the entire State, for that matter, to join with the SCV (Sons of Confederate Veterans) and the UDC (United Daughters of the Confederacy), two organizations that have been perpetuating the memory of the Confederate Soldier for over 110 years, on Saturday, beginning at Elmwood Cemetery for the UDC portion of the service, and then here at the State House at 11:00 A.M. for the Sons of Confederate Veterans portion of the service. As sons and daughters, we have memorialized our fallen ancestry faithfully and religiously for these many years, and I can think of no more appropriate remarks than to recite the inscriptions on North and South facings of the Confederate Soldiers Monument here on the State House grounds erected in 1879. With your indulgence, I would just read these inscriptions as a memorial to the 27,000 South Carolinians who gave their all, their full measure, and the 70,000 others that were willing to make that same sacrifice. The monument reads:

'This monument perpetuates the memory of those who true to the instincts of their birth, faithful to the teachings of their fathers, constant in their love for the State, died in the performance of their duty... who have glorified a fallen cause by the simple manhood of their lives, the patient endurance of suffering, and the heroism of death... and who in the dark hours of imprisonment, in the hopelessness of the hospital, in the short sharp agony of the field, found consolation and support in the belief that at home they would not be forgotten.

Let the stranger, who may in future times read this inscription, recognize that these were men whom power could not corrupt, whom death could not terrify, whom defeat could not dishonor, and let their virtues plead for just judgment of the cause in which they perished... Let the South Carolinian of another generation remember that the State taught the men how to live and how to die, and that from her broken fortunes she has preserved for the children the priceless treasure of their memories, teaching all who may claim the birthright that truth, courage and patriotism endure forever.'

Thank you.

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

Senator RITCHIE rose for an Expression of Personal Interest.

On motion of Senator SALEEBY, with unanimous consent, Mr. Andrew Gurtis, Mr. David McGinnis, Mr. Harold King and Mr. Herbert Ames, officers of the Darlington Raceway, were granted the Privilege of the Chamber to that area behind the rail.

On motion of Senator GREGORY, with unanimous consent, former Senator CORK and her family were granted the Privilege of the Chamber to that area behind the rail.

On motion of Senators GREGORY and RICHARDSON, the Privilege of the Floor was granted to Senator CORK.

On behalf of his Excellency, James H. Hodges, Governor of South Carolina, Senators GREGORY and RICHARDSON presented the Order of the Palmetto to Senator CORK.

Senator CORK, with unanimous consent, was granted leave to address the Senate with brief remarks.

Mr. PRESIDENT, fellow members, I would like to take this opportunity to publicly commend the National Association of Letter Carriers (NALC) for the good work they are doing nationwide and grant them well-deserved recognition and appreciation for their genuine humanitarian acts and for their good will.

As Americans, we enjoy one of the highest living standards in the world. Nevertheless, many people within our borders do not benefit from our nation's great prosperity. In fact, many more Americans are hungry and malnourished than most people realize. Hunger is a serious problem that deserves national attention.

The NALC has undertaken a tremendous amount of initiative in solving this problem by planning their ninth annual national food drive day on May 12, 2001, which will be the largest one-day food drive in the country. Last year more than 1,500 NALC branches in all fifty (50) states and U. S. jurisdictions collected 64.2 million pounds of food, and we are hopeful this record will be exceeded in the year 2001.

Last year in the State of South Carolina, a record breaking 876,920 pounds of food was collected through the combined efforts of the National Association of Letter Carriers, the National Rural Letter Carriers Association and their customers who so generously donated. This year, the need is even greater with more than 30 million children, men and women suffering hunger daily within our nation. Both associations have jointly worked together so that food banks and pantries will benefit at a time when they need it most, during the summer months.

Mr. PRESIDENT, I am honored to commend the NALC and the NRLCA on their continued generosity and good will. Their kind spirit and genuine care for less privileged individuals embody the values of brotherhood upon which this great nation was founded. I urge them to stay motivated and my best wishes are with them in all of their future endeavors.

I urge my colleagues to encourage people and organizations within their respective districts to follow the lead of the NALC and support those people who take personal initiative in making America a better place in which to live.

At 2:12 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 4:30 P.M.

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

Senator McCONNELL asked unanimous consent to make a motion that, when the Senate stands adjourned today, it stand adjourned under the provisions of Rule 1B to meet in Statewide Session at 11:00 A.M. on Thursday, May 10, 2001, (for the exclusive purpose of Receipt of Communications, Introduction of Bills and Resolutions, Receipt of Committee Reports, and taking up local matters and uncontested matters which have previously received unanimous consent to be taken up) and further, that, when the Senate adjourns on Thursday, it stand adjourned to meet Friday at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

There was no objection and the motion was adopted.

Senator McCONNELL asked unanimous consent to make a motion that, when the Senate adjourns on Friday, May 11, 2001, it stand adjourned to meet in Statewide Session on Monday, May 14, 2001, at 1:00 P.M.

There was no objection and the motion was adopted.

S. 610 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 25-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF BOARD MEMBERS FROM ELEVEN TO NINETEEN, TO REQUIRE AT LEAST ELEVEN MEMBERS, RATHER THAN ALL OF THE MEMBERS, TO BE HONORABLY DISCHARGED VETERANS, AND TO DELETE THE PROVISION RESTRICTING MEMBERS FROM SERVING MORE THAN EIGHT CONTINUOUS YEARS ON THE BOARD.

Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the General Committee.

There was no objection.

The Bill was recalled and ordered placed on the second reading Calendar.

H. 3287 (Word version) -- Reps. White, Barrett, J. Brown, Cato, Clyburn, Coates, Cobb-Hunter, Cooper, Harrell, Harrison, Hinson, Hosey, Kelley, Klauber, Martin, McCraw, Owens, Phillips, Rice, Robinson, Sharpe, Sinclair, Stille, Talley, Taylor, Thompson, Townsend, Trotter, Webb and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-80 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES MUST BE ACQUIRED, MAINTAINED, AND OPERATED.

Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the General Committee.

There was no objection.

The Bill was recalled and ordered placed on the second reading Calendar.

H. 3644 (Word version) -- Reps. Breeland, Gourdine, J. Hines, Robinson, Bales, Battle, R. Brown, Cato, Clyburn, M. Hines, Hosey, Klauber, Law, Littlejohn, Mack, Owens, Rhoad, Scarborough, Scott, Simrill, Trotter, Vaughn, Webb, Whipper and Altman: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.

Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the General Committee.

There was no objection.

The Bill was recalled and ordered placed on the second reading Calendar.

H. 3889 (Word version) -- Reps. Cotty, Sheheen, J.M. Neal and Lucas: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

Senator McCONNELL asked unanimous consent to recall the Bill from the Committee on Judiciary and commit it to the Kershaw County Delegation.

There was no objection.

The Bill was recalled and committed to the Kershaw County Delegation.

At 2:15 P.M., Senator MARTIN assumed the Chair.

The following were introduced:

S. 674 (Word version) -- Senators Wilson, Grooms, Hawkins, Rankin and Passailaigue: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NON-FRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NON-FRANCHISE AUTOMOBILE DEALERS.
l:\council\bills\ggs\22996cm01.doc

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

S. 675 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDEVELOPMENT PROJECT" UNDER THE TAX INCREMENT FINANCING LAW, SO AS TO AUTHORIZE A REDEVELOPMENT TO BE LOCATED OUTSIDE OF THE REDEVELOPMENT AREA IF A MUNICIPALITY MAKES SPECIFIC FINDINGS OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-6-70, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY PROVIDING FOR THE APPROVAL OF A REDEVELOPMENT PLAN, SO AS TO LENGTHEN FROM FIVE TO TEN YEARS THE PERIOD WITHIN WHICH A MUNICIPALITY MAY ISSUE OBLIGATIONS TO FINANCE A REDEVELOPMENT PROJECT AND TO AUTHORIZE OBLIGATIONS TO BE ISSUED SUBSEQUENT TO THE INITIAL TEN-YEAR PERIOD; AND TO AMEND SECTION 31-6-80, AS AMENDED, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE A MUNICIPALITY TO MAKE A SPECIFIC FINDING OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND PROVIDE WRITTEN NOTICE TO THE AFFECTED TAXING DISTRICT IF THE PROJECT OR A PORTION OF IT IS LOCATED OUTSIDE OF THE REDEVELOPMENT PROJECT AREA.
l:\council\bills\gjk\20563sd01.doc

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

S. 676 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CERTAIN INDUCEMENT LEASE AGREEMENTS IN CONNECTION WITH PROPERTY QUALIFYING FOR A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE GUIDELINES FOR THE QUALIFICATION OF A SPONSOR AND SPONSOR AFFILIATE FOR THE FOUR PERCENT FEE AND TO PROVIDE FOR THE TIME PERIODS FOR EXECUTION OF THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, AND TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE; TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE CERTAIN TYPES OF INVESTORS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR INVESTORS AND INVESTOR AFFILIATES, TO PROVIDE GUIDELINES FOR THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES; AND TO AMEND SECTION 12-44-50, RELATING TO THE ESTABLISHMENT OF THE MILLAGE RATE FOR PURPOSES OF DETERMINING THE FEE PURSUANT TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO PROVIDE FOR GUIDELINES FOR INVESTORS AND INVESTOR AFFILIATES AND THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES.
l:\council\bills\dka\4474mm01.doc

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

S. 677 (Word version) -- Senators J. Verne Smith, Verdin, Anderson, Thomas and Fair: A SENATE RESOLUTION TO CONGRATULATE J. TODD WHITE, PRINCIPAL OF MITCHELL ROAD ELEMENTARY SCHOOL IN GREENVILLE, UPON BEING NAMED A 2001 NATIONAL DISTINGUISHED PRINCIPAL AND FOR RECEIVING THE 2001 MILKEN NATIONAL OUTSTANDING EDUCATOR AWARD.
l:\council\bills\skb\18511som01.doc

The Senate Resolution was adopted.

S. 678 (Word version) -- Senators Jackson and Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BISHOP THEODORE R. MYERS OF RICHLAND COUNTY ON THE OCCASION OF HIS INSTALLATION AS DIOCESAN BISHOP OF THE BIBLE WAY CHURCHES OF SOUTH CAROLINA.
l:\council\bills\ggs\22095cm01.doc

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

H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J.E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.

Read the first time and, on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.

H. 3907 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TENDER OR INTERCHANGE OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT IF THE EQUIPMENT PROVIDER FOR CERTAIN OUT-OF-SERVICE VEHICLES FAILS TO REIMBURSE THE MOTOR CARRIER OPERATOR FOR FINES AND PENALTIES INCURRED PURSUANT TO THE VEHICLE'S OUT-OF-SERVICE ORDER WITHIN THIRTY DAYS OF A CONVICTION FOR VIOLATING A ROADSIDE INSPECTION, THEN THE MOTOR CARRIER OPERATOR HAS A CIVIL CAUSE OF ACTION AGAINST THE EQUIPMENT PROVIDER, TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ARE NOT INTENDED TO ELIMINATE THE RESPONSIBILITY AND OBLIGATION OF A MOTOR CARRIER AND OPERATOR TO MAINTAIN AND OPERATE VEHICLES IN ACCORDANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS AND ALL STATE AND LOCAL LAWS, AND TO PROVIDE THAT ANY PROVISION CONTAINED IN AN INTERMODAL INTERCHARGE CONTRACT PROVIDING FOR A HOLD HARMLESS OR INDEMNITY AGREEMENT, OR BOTH, BETWEEN THE MOTOR CARRIER OPERATOR AND THE TENDERER OR OWNER OF A VEHICLE, CONTRARY TO ANY PROVISION OF THIS SECTION IS VOID.

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

H. 3937 (Word version) -- Reps. Sinclair, Allison, Bales, Battle, Littlejohn, Lourie, Miller, J.M. Neal, Owens, Rivers, Sandifer, J.E. Smith, W.D. Smith, Stille, Walker, Weeks, Wilder and Talley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES POSTAL SERVICE TO CREATE A REIDVILLE MAILING ADDRESS FOR THOSE RESIDENTS LIVING IN AND NEAR THE TOWN OF REIDVILLE IN SPARTANBURG COUNTY.

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

H. 3945 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME "SCOTT ROAD" IN THE TOWN OF LAKE VIEW IN DILLON COUNTY "STEPHEN DAVID SCOTT ROAD" TO HONOR MR. STEPHEN DAVID SCOTT, A DISTINGUISHED DILLON COUNTY EDUCATOR, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD CONTAINING THE WORDS "STEPHEN DAVID SCOTT ROAD".

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

H. 3974 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH PERSONS MUST REGISTER AND REPORT TO THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN TO THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS IN THIS STATE, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED IN THIS STATE; TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO INCLUDE NEW DEFINITIONS AND REVISE CERTAIN EXISTING DEFINITIONS; TO AMEND SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION'S OBLIGATION TO AN INSURED CEASES WHEN TEN MILLION DOLLARS HAS BEEN PAID TO OR ON BEHALF OF THE INSURED AND TO ALLOW FOR ALLOCATION OF PAYMENTS WHEN THERE IS MORE THAN ONE CLAIMANT WITH A COVERED CLAIM; TO AMEND SECTION 38-31-70, AS AMENDED, RELATING TO THE PLAN OF OPERATION FOR THE ADMINISTRATION OF THE GUARANTY ASSOCIATION, SO AS TO AUTHORIZE REPORTING AND THE DELEGATION OF CERTAIN AUTHORITY TO AN ASSOCIATION SIMILAR TO THE GUARANTY ASSOCIATION; TO AMEND SECTION 38-31-90, AS AMENDED, RELATING TO RIGHTS OF THE GUARANTY ASSOCIATION REGARDING CLAIMANTS PAID AND ASSETS OF INSOLVENT INSURERS, SO AS TO PROVIDE THAT THE ASSOCIATION HAS THE RIGHT TO RECOVER THE AMOUNT OF A CLAIM PAID FROM CERTAIN INSUREDS AND AFFILIATES OF AN INSOLVENT INSURER; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO PROCEDURES REQUIRED TO BE FOLLOWED BY PERSONS ASSERTING CLAIMS AND TO LIMITATIONS ON CLAIMS, SO AS TO REVISE THESE PROVISIONS; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES AND THE CREDITING OF RETURN PREMIUMS WHICH RESULT IN A SURPLUS, SO AS TO ALLOW A REFUND OF SURPLUS TO AN AGENT OF AN INSURED AND TO PROVIDE THAT NO REFUND IS REQUIRED IF IT AMOUNTS TO LESS THAN FIVE DOLLARS, RATHER THAN THREE DOLLARS; TO AMEND SECTION 38-43-80, AS AMENDED, RELATING TO LICENSE FEES FOR AGENTS OF INSURERS, SO AS TO PROVIDE THAT FEES MUST BE PAID AS PRESCRIBED BY THE DEPARTMENT, RATHER THAN PAID IN ADVANCE; TO AMEND SECTION 38-55-30, AS AMENDED, RELATING TO THE AMOUNT OF RISK THAT AN INSURER OR CAPTIVE INSURER MAY EXPOSE ITSELF TO, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CAPTIVE INSURERS; TO AMEND SECTION 38-71-1370, AS AMENDED, RELATING TO THE APPLICATION OF GROUP ACCIDENT AND HEALTH INSURANCE PROVISIONS TO SMALL EMPLOYER INSURERS, SO AS TO EXCLUDE COVERAGE TO LATE ENROLLEES FOR A PERIOD OF TIME; TO AMEND SECTION 38-71-1980, RELATING TO EXPEDITED EXTERNAL REVIEWS, SO AS TO CHANGE AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 38-87-40, AS AMENDED, RELATING TO REQUIREMENTS FOR OUT-OF-STATE CHARTERED RISK RETENTION GROUPS TO DO BUSINESS IN SOUTH CAROLINA, SO AS TO PROVIDE THAT SUCH GROUP IS SUBJECT TO TAXATION AS AN ADMITTED INSURER WOULD BE, RATHER THAN AS A FOREIGN ADMITTED INSURER WOULD BE; TO AMEND SECTION 38-90-60, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 38-90-140, RELATING TO TAX PAYMENTS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THESE TAXES MUST BE PAID TO THE DEPARTMENT OF INSURANCE RATHER THAN TO THE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 38-90-180, RELATING TO THE APPLICATION OF CERTAIN PROVISIONS OF THE REHABILITATION AND LIQUIDATION ACT TO CAPTIVE INSURANCE COMPANIES, SO AS TO ALSO APPLY CERTAIN PROVISIONS OF THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT TO THESE COMPANIES; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO PROCEDURES THAT MOTOR VEHICLE INSUREDS AND INSURERS MUST FOLLOW IF A MOTOR VEHICLE SUBJECT TO FINANCIAL RESPONSIBILITY REQUIREMENTS BECOMES UNINSURED, SO AS TO PROVIDE THAT NOTICE MUST BE GIVEN TO THE DEPARTMENT OF INSURANCE IF THE LAPSE OR TERMINATION OCCURRED WITHIN THREE MONTHS OF THE ISSUANCE OF A NEW POLICY; AND TO AMEND SECTION 56-10-280, AS AMENDED, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PROVIDE THAT IF A CHECK TENDERED BY THE INSURED IS RETURNED FOR INSUFFICIENT FUNDS, THE CANCELLATION IS EFFECTIVE AS OF THE POLICY INCEPTION OR RENEWAL DATE.

Read the first time and, on motion of Senator ALEXANDER, with unanimous consent, ordered placed on the Calendar without reference.

H. 4062 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, AND ENDING JUNE 30, 2002.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 4068 (Word version) -- Reps. Lourie and J.E. Smith: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WILLIAM RIPLEY "BILL" BALLOU, SR., OF COLUMBIA AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4070 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND ANNA J. AMOS FOR HER MANY YEARS OF DEDICATED SERVICE TO THIS STATE THROUGH HER WORK IN PUBLIC SAFETY AND LAW ENFORCEMENT AND TO CONGRATULATE HER ON BEING PROMOTED TO COLONEL OF THE SOUTH CAROLINA STATE TRANSPORT POLICE.

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

H. 4074 (Word version) -- Reps. J. Brown and J.H. Neal: A CONCURRENT RESOLUTION TO CONGRATULATE BISHOP THEODORE R. MYERS OF RICHLAND COUNTY UPON THE OCCASION OF HIS INSTALLATION AS DIOCESAN BISHOP OF THE BIBLE WAY CHURCHES OF SOUTH CAROLINA ON FRIDAY, MAY 11, 2001.

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

H. 4076 (Word version) -- Reps. Rutherford, J. Brown, J.H. Neal, Scott, Howard, Bales, Lourie, J.E. Smith, Harrison, Cotty and Quinn: A CONCURRENT RESOLUTION TO COMMEND MRS. TRACI YOUNG COOPER OF RICHLAND COUNTY FOR HER COMMITMENT TO PROVIDING QUALITY EDUCATION TO THE CHILDREN OF SOUTH CAROLINA AND TO CONGRATULATE HER ON BEING NAMED THE 2002 SOUTH CAROLINA TEACHER OF THE YEAR.

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

H. 4077 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION RECOGNIZING MRS. DOROTHY C. WILSON OF RICHLAND COUNTY FOR THIRTY-THREE YEARS OF DEDICATED SERVICE IN THE FIELD OF PUBLIC EDUCATION UPON HER RETIREMENT.

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

H. 4079 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS AND PASTOR OF FAITH CATHEDRAL UPON LEARNING OF THE CHURCH'S DEDICATORY SERVICE HELD ON SUNDAY, APRIL 29, 2001.

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

H. 4080 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF BRUCE UPDIKE OF TEGA CAY, ONE OF YORK COUNTY'S AND TEGA CAY'S MOST RESPECTED COMMUNITY LEADERS, UPON HIS DEATH.

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

H. 4087 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. ETHEL MOORE OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER DEVOTION TO HER CHURCH, FAMILY, AND MANY FRIENDS.

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

H. 4088 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING MRS. HATTIE LUCILLE GEIGER LA-BORDE OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER CHURCH, FAMILY, AND MANY FRIENDS.

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

H. 4090 (Word version) -- Reps. Bales, J. H. Neal, Allen, Allison, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE MEMORY OF UNITED STATES ARMY LIEUTENANT COLONEL GEORGE D. MARTIN III'S LIFE AND HONOR HIS ACTIONS TAKEN WHILE HE SERVED HIS COUNTRY DUTIFULLY AND COURAGEOUSLY AND EXPRESS DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY.

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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC ASTHMA PLANNING ALLIANCE to attend a breakfast drop-in in Room 221 Blatt Bldg. on Thursday, May 17, 2001, from 8:00 until 10:00 A.M.

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

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

S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

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

S. 376 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDITS FOR TUITION EXPENDITURES PAID TO INSTITUTIONS OF HIGHER LEARNING IN THIS STATE BY STUDENTS WHO DO NOT RECEIVE A LIFE OR PALMETTO FELLOWS SCHOLARSHIP AND WHO MEET DESIGNATED CRITERIA, SO AS TO PROVIDE THAT THE STUDENT AS AN ADDITIONAL QUALIFICATION MAY HAVE ATTENDED AT LEAST THREE OF HIS FINAL FOUR YEARS OF HIGH SCHOOL WITHIN THIS STATE.

Ordered for consideration tomorrow.

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

S. 408 (Word version) -- Senators Ryberg, Wilson, J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 11-43-160, AS AMENDED, RELATING TO SOURCES OF REVENUE FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REQUIRE AN ANNUAL CONTRIBUTION TO THE BANK FROM THE DEPARTMENT OF TRANSPORTATION IN AN AMOUNT NOT TO EXCEED AN AMOUNT EQUIVALENT TO THE REVENUES OF ONE CENT OF THE GASOLINE TAX AND TO PROVIDE THAT THIS CONTRIBUTION MAY BE MADE FROM ANY REVENUES OF THE DEPARTMENT OF TRANSPORTATION BUT, TO THE EXTENT POSSIBLE, MUST NOT BE TAX REVENUE.

Ordered for consideration tomorrow.

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

S. 419 (Word version) -- Senators Pinckney, Drummond, Matthews, J. Verne Smith, Passailaigue, Ford, Glover, McConnell, Grooms and Jackson: A BILL TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT.

Ordered for consideration tomorrow.

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

S. 439 (Word version) -- Senators J. Verne Smith, Leatherman and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS AND TO DEFINE HALF-STAFF.

Ordered for consideration tomorrow.

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

S. 558 (Word version) -- Senators Matthews, Patterson, Hutto, Saleeby, Land, O'Dell, Jackson, Fnrd and Glover: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3540 SO AS TO PROVIDE STATE INCOME, BANK, OR PREMIUM TAX CREDITS FOR DONATIONS TO FOUR-YEAR COLLEGES AND UNIVERSITIES WHERE LOW INCOME STUDENTS COMPRISE SIXTY PERCENT OR MORE OF THE TOTAL STUDENT POPULATION AND TO DEFINE "LOW INCOME STUDENT".

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable With amendment report on:

S. 583 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS UNTIL NOT LATER THAN 5:00 P.M. ON DECEMBER 31, 2001, TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS, AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Ordered for consideration tomorrow.

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

H. 3013 (Word version) -- Reps. Vaughn, Altman, Barrett, J. Brown, Cobb-Hunter, Cotty, Davenport, Harvin, Leach, Littlejohn, Loftis, Rodgers, Taylor, Wilder, Witherspoon, Walker, W.D. Smith, Harrison, Stille, Whatley, Clyburn and Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-17 SO AS TO AUTHORIZE SPECIFICALLY THE USE OF FLEXIBLE SCHEDULING BY A STATE AGENCY AND INSTITUTION IN DETERMINING AN EMPLOYEE'S MINIMUM FULL-TIME WORKWEEK SCHEDULE, INCLUDING HOURS BEFORE EIGHT-THIRTY A.M. AND AFTER FIVE P.M., SO LONG AS THE CAPACITY OF THE AGENCY OR INSTITUTION IS NOT IMPAIRED.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator HOLLAND a minority unfavorable report on:

H. 3107 (Word version) -- Reps. Huggins, W.D. Smith, Knotts and Bingham: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.

Ordered for consideration tomorrow.

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

H. 3131 (Word version) -- Reps. Rodgers and Whipper: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a majority favorable and Senator SALEEBY a minority unfavorable report on:

H. 3286 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.

Ordered for consideration tomorrow.

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

H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED A MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION.

Ordered for consideration tomorrow.

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

H. 3542 (Word version) -- Reps. Allison, Cotty, McCraw, J.R. Smith and Knotts: A JOINT RESOLUTION TO PROVIDE THAT LAPSED FUNDS OF THE DEPARTMENT OF EDUCATION INCLUDING EIA FUNDS FOR FISCAL YEAR 2000-2001 AND PRIOR YEARS MUST BE USED BY THE DEPARTMENT FOR STIPULATED PRIORITY EXPENDITURES AND TO PROVIDE THAT FUNDS APPROPRIATED FOR EIA TEACHER SALARIES AND RELATED FRINGE BENEFITS ARE EXEMPT FROM ANY REQUIRED SPENDING REDUCTIONS.

Ordered for consideration tomorrow.

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

H. 3639 (Word version) -- Reps. Wilkins, Keegan and Kelley: A BILL TO AMEND SECTION 59-111-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY DEPARTMENT AND THE DEVELOPMENT OF A LOAN REPAYMENT PROGRAM TO ENABLE QUALIFIED STATE RESIDENTS TO ATTEND COLLEGE AS AN ENLISTMENT OR RETENTION INCENTIVE FOR THE NATIONAL GUARD, SO AS TO AUTHORIZE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP AND MANAGE THE PROGRAM INSTEAD OF THE ADJUTANT GENERAL AND TO FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM; BY ADDING SECTION 59-114-75 SO AS TO PROVIDE THAT NATIONAL GUARD TUITION ASSISTANCE GRANTS MAY NOT BE MADE AFTER JUNE 30, 2001, AND TO PROVIDE FOR TRANSITIONAL PROVISIONS TO EFFECTUATE THE ABOVE INCLUDING A PROVISION THAT THE COMMISSION ON HIGHER EDUCATION SHALL BE RESPONSIBLE FOR ADMINISTERING TUITION ASSISTANCE GRANTS MADE BEFORE JULY 1, 2001.

Ordered for consideration tomorrow.

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

H. 3657 (Word version) -- Reps. Cato, Robinson, Bingham, G. Brown, Campsen, Edge, Harrison, Jennings, Kelley, Kirsh, Lourie, Miller, Quinn, Rhoad, Rodgers, J.E. Smith, Tripp, Weeks, Whipper and White: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO DELETE GIFT CERTIFICATES FROM THE DEFINITION OF "INTANGIBLE PROPERTY"; TO AMEND SECTION 27-18-150, RELATING TO GIFT CERTIFICATES AND CREDIT MEMOS BEING PRESUMED ABANDONED WHEN NOT CLAIMED WITHIN FIVE YEARS, SO AS TO REMOVE GIFT CERTIFICATES FROM THIS PRESUMPTION OF BEING ABANDONED; AND TO ADD SECTION 27-18-175 SO AS TO PROVIDE THAT THE UNIFORM UNCLAIMED PROPERTY ACT DOES NOT APPLY TO FORFEITED RESERVATION DEPOSITS.

Senator WILSON asked unanimous consent to give the Bill a second reading.

There was no objection.

On motion of Senator WILSON, with unanimous consent, H. 3657 was ordered to receive a third reading on Thursday, May 10, 2001.

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

H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.

Ordered for consideration tomorrow.

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

H. 3696 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 3880 (Word version) -- Rep. Cato: A BILL TO AMEND ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, BY ADDING SECTION 38-77-640 SO AS TO CLARIFY AND FURTHER EXPLAIN THE CRITERIA FOR IMPOSITION OF A SURCHARGE ON LIABILITY INSURANCE PREMIUMS FOR RECOUPMENT OF FACILITY ASSESSMENTS OR LOSSES.

Ordered for consideration tomorrow.

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

H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J.R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan, Rivers and Bowers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.

Ordered for consideration tomorrow.

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

H. 3932 (Word version) -- Reps. Law, Hinson, Merrill and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES, EXCEPT THE PROVISION OF ELECTRICAL SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN AN INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.

Ordered for consideration tomorrow.

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

H. 3956 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS; TO PROVIDE FOR THE CONSIDERATION OF LOCAL LEGISLATION WHICH HAS THE UNANIMOUS CONSENT OF THE AFFECTED DELEGATION AND FOR THE RATIFICATION OF ACTS DURING CERTAIN PERIODS BEFORE SINE DIE ADJOURNMENT WHEN THE GENERAL ASSEMBLY IS NOT IN STATEWIDE SESSION; TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS; AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Ordered for consideration tomorrow.

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

H. 3970 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO PROCLAIM MAY 23, 2001, AS JUVENILE DIABETES AWARENESS DAY IN THE STATE OF SOUTH CAROLINA AND TO RECOGNIZE THE IMPORTANCE OF JUVENILE DIABETES AWARENESS AND THE EFFORTS TO HELP PREVENT AND CURE THIS DISEASE.

Ordered for consideration tomorrow.

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

H. 4015 (Word version) -- Reps. Breeland, Whipper, Harrell, Weeks, Limehouse, Allison, Bowers, R. Brown, Dantzler, Emory, Gourdine, J. Hines, M. Hines, Hosey, Law, Lloyd, Mack, Meacham-Richardson, Miller, J.M. Neal, Rivers, Scarborough, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-693 SO AS TO DESIGNATE PORGY AND BESS AS THE OFFICIAL OPERA OF THIS STATE AND TO PROVIDE THAT COPYRIGHTED OR PROPRIETARY MATERIAL FROM PORGY AND BESS MAY NOT BE USED WITHOUT THE PERMISSION OF THE OWNERS OF THAT MATERIAL.

Ordered for consideration tomorrow.

Columbia, S.C., May 9, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3359 (Word version) -- Reps. Ott, Hayes, Frye, Knotts, Rhoad, Sharpe and Whatley: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO PROVIDE THAT UNLESS SPECIFICALLY PROHIBITED BY THIS SECTION, THE SALE OF DEER OR DEER PARTS IS NOT PROHIBITED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

At 2:28 P.M., the PRESIDENT assumed the Chair.

S. 163 (Word version) -- Senators Martin and Reese: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS IN A FISCAL YEAR.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator MARTIN proposed the following amendment (163R006.LAM), which was adopted:

Amend the bill, as and if amended, page 2, by striking SECTION 4 and inserting:

/   SECTION   4.   A.     Section 9-9-60 of the 1976 Code, as last amended by SECTION 7, Part II, Act 1 of 2001, is further amended to read:

"Section 9-9-60.   (1)   A member of the system may retire upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to after the execution and filing of the application, he the member desires to be retired, if the member at the time specified for his retirement, the member is no longer in the service of the State, whether as a member of the General Assembly or otherwise, except as provided in Section 9-9-40(3), and has either attained the age of sixty years or completed thirty years of credited service.

(2)   Effective July 1, 1989, a retired member shall receive a monthly retirement allowance which is equal to one-twelfth of four and eighty-two hundredths percent of earnable compensation multiplied by the number of years of his credited service prorated for periods less than a year.

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

The member must retire at the beginning of an annual session of the General Assembly and his the election to receive his the member's retirement allowance under this system is in lieu of receiving his the constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session. This election if made is irrevocable and applies for as long as that person serves thereafter in the General Assembly including service in both regular and extra sessions."

B.   Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor.

/

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator MOORE explained the House amendments and the Bill.

Senator MOORE proposed the following amendment (496R022.tlm), which was adopted:

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

/   SECTION   1.   The General Assembly finds that:

(1)   net proceeds of lottery games conducted pursuant to this chapter must be used to support improvements and enhancements for educational purposes and programs as provided by the General Assembly and that the net proceeds must be used to supplement, not supplant, existing resources for educational purposes and programs;

(2)   lottery games are an entrepreneurial enterprise and that the State shall create an instrumentality of the State and public body, corporate and politic, known as the South Carolina Education Lottery Corporation, with the comprehensive and extensive powers as generally exercised by corporations engaged in entrepreneurial pursuits;

(3)   lottery games must be operated and managed in a manner which ensures that the lottery is operated with integrity and dignity and free of political influence, maximizes revenues, and provides continuing entertainment to the public; and

(4)   the South Carolina Education Lottery Corporation must be accountable to the General Assembly and to the public through a system of audits and reports.

SECTION   2.   Title 33 of the 1976 Code is amended by adding:

Section 33-57-110.   This chapter may be cited as the 'South Carolina Education Lottery Act'.

Section 33-57-120.   As used in this chapter, the term:

(1)   'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund pursuant to Section 33-57-270.

(2)   'Board' means the board of directors of the South Carolina Education Lottery Corporation.

(3)   'Chief Executive Officer' means the chief executive officer of the South Carolina Education Lottery Corporation.

(4)   'Corporation' means the South Carolina Education Lottery Corporation.

(5)   'Educational purposes and programs' includes, but is not limited to, scholarships and financial aid to citizens of this State to enable them to attend public educational institutions of higher learning located within this State and independent institutions of higher learning, as defined in Section 59-113-50, teacher quality advancement programs, and delivery and upgrade of technology to

public schools and public libraries. For purposes of this chapter, educational purposes and programs specifically do not include a program undertaken, authorized, or ratified by the Department of Education to distribute condoms or other forms of contraception.

(6)   'Immediate family' means a person who is:

(a)   a spouse;

(b)   a child residing in the same household; or

(c)   claimed as a dependent for income tax purposes.

(7)   'Lottery', 'lotteries', 'lottery game', or 'lottery games' means a game of chance approved by the board and operated pursuant to this chapter including, but not limited to, the lottery game categories of: instant tickets, on-line lottery games, drawing numbers, and lottery games using mechanical or electronic devices but excluding keno, pari-mutuel betting, and casino gambling as defined in this section. The operation of the lottery games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. The access and use of an electronic or mechanical machine designed for a lottery game authorized pursuant to this chapter must be limited to retailers and their employees only in order to facilitate retail sales of lottery tickets, and such a machine must not dispense coins, currency, or anything of value other than lottery tickets.

As used in this item, 'casino gambling' means a location or business for the purpose of conducting unlawful gambling activities, but excluding the sale and purchase of lottery game tickets or shares; and 'pari-mutuel betting' means a method or system of wagering on actual races involving horses or dogs at tracks and the distribution of winnings by pools. The term 'pari-mutuel betting' does not mean lottery games that may be predicated on a horse racing or dog racing scheme that does not involve actual track events; nor does it mean traditional lottery games that may involve the distribution of winnings by pools.

(8)   'Lottery retailer' means a person who sells lottery game tickets or shares on behalf of the corporation pursuant to a contract.

(9)   'Member' or 'members' means a director or directors of the board of the South Carolina Education Lottery Corporation.

(10)   'Minority business' means a business that is owned by:

(a)   an individual who is a member of a minority and who reports as his personal income for South Carolina income tax purposes the income of the business;

(b)   a partnership in which a majority of the ownership interest is held by one or more members of a minority who report as their personal income for South Carolina income tax purposes more than fifty percent of the income of the partnership; or

(c)   a corporation organized under the laws of this State in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for South Carolina income tax purposes more than fifty percent of the distributed earnings of the corporation.

(11)   'Net proceeds' means all revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery games, less operating expenses and prizes.

(12)   'Operating expenses' means all costs of doing business including, but not limited to, commissions and other compensation paid to retailers, advertising and marketing costs, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Section 33-57-270, and other operating costs, but excluding prizes.

(13)   'Person' means an individual, corporation, partnership, unincorporated association, or other legal entity.

(14)   'Prize' means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt.

(15)   'Proceeds' means all lottery revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery or received by the corporation.

(16)   'Share' means intangible evidence of participation in a lottery game.

(17)   'Ticket' means tangible evidence issued by the South Carolina Education Lottery Corporation to provide participation in a lottery game.

(18)   'Vendor' means a person who provides or proposes to provide goods or services to the corporation pursuant to a procurement contract, but does not include an employee of the corporation, a retailer, or a state agency or instrumentality of the State. The term includes a corporation whose shares are publicly traded and which is the parent company of the contracting party in a procurement contract.

Section 33-57-130.   (A)   There is created a body corporate and politic to be known as the South Carolina Education Lottery Corporation, which is deemed to be an instrumentality of the State and a public corporation. The corporation is exempt from all statutory laws and regulations affecting state agencies, except as specifically provided in this chapter. The corporation and its employees are subject to the South Carolina Consolidated Procurement Code, South Carolina Administrative Procedures Act, South Carolina Ethics Reform Act, and South Carolina Freedom of Information Act. Venue for the corporation is in Richland County.

(B)   Beginning in December 2004 and every three years thereafter, the Legislative Audit Council must conduct a management performance audit of the South Carolina Lottery Corporation.

Section 33-57-135. (A) Notwithstanding the provisions of Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, regarding the Administrative Procedures Act, the South Carolina Lottery Corporation has the authority to adopt temporary regulations to implement the provisions of this chapter, which must be consistent with the provisions of this chapter. These temporary regulations are not considered regulations as defined by the Administrative Procedures Act; however, these temporary regulations have the force and effect of law. The only lottery games that may be played pursuant to these temporary regulations are instant tickets and on-line lottery games. A multistate lottery game must not be played under these temporary regulations and may be implemented only when regulations have been promulgated and take effect pursuant to the Administrative Procedures Act. The corporation must submit regulations for the implementation of this chapter as required in Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, to the General Assembly for review in accordance with the Administrative Procedures Act by January 15, 2002.

(B) For purposes of this section, 'temporary regulations' means regulations regarding the programs, policies, and procedures required to implement the provisions of this chapter.

(C) The temporary regulations authorized in this section are repealed on July 15, 2004, or on the effective date of regulations promulgated pursuant to the Administrative Procedures Act, whichever date occurs first. If regulations promulgated pursuant to the Administrative Procedures Act have not taken effect by July 15, 2004, the corporation may promulgate the temporary regulations authorized by this section as emergency regulations pursuant to Section 1-23-130. For purposes of this section, the circumstances required for emergency regulations in Section 1-23-130(A) shall not apply, but all other provisions of Section 1-23-130 shall be applicable.

Section 33-57-140.   (A) The corporation is governed by a board composed of nine members to be appointed as follows, with mandatory inclusion from each of the state's congressional districts:

(1)   five members shall be appointed by the Governor with the advice and consent of the Senate, one of whom must be designated by the Governor an at-large member who shall serve as chairman of the board; of the remaining four members, none shall reside in the same congressional district as the others;

(2)   two members shall be appointed by the President Pro Tempore of the Senate, neither of whom may reside in the same congressional district as the other; and

(3)   two members shall be appointed by the Speaker of the House of Representatives, neither of whom may reside in the same congressional district as the other.

(B)   A member must:

(1)   be a resident of the State of South Carolina;

(2) not have been convicted of a felony offense or bookmaking or other form of unlawful gambling. A background investigation must be conducted on each board nominee. The corporation must pay for the cost of the investigation and may contract with the State Law Enforcement Division for the performance of the investigation;

(3)   meet the qualifications for electors as provided in Section 7-5-120; and

(4)   not have been an elected public official, as provided in Section 24, Article III, of the Constitution of this State and Section 2-1-100, for at least one year before appointment.

(C)   The Governor, the President Pro Tempore, and the Speaker, as appropriate, must consider the following in making appointments to the board:

(1)   legal, financial, accounting, and marketing experience; and

(2)   race, gender, and other demographics factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible.

(D)   The members shall serve terms of four years, except that all members' regular terms shall be co-terminus with their appointing official. The initial appointments shall be as follows:

(1)   the Governor must appoint three members to serve initial two-year terms, and two members to serve regular terms. The chairman appointed by the Governor must serve an initial term of two years;

(2)   the Speaker must appoint two members to serve regular terms; and

(3)   the President Pro Tempore must appoint two members to serve regular terms.

A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore, or the Speaker, as appropriate, for the remainder of the unexpired term.

(E)   A member appointed when the General Assembly is not in regular session serves until a confirmation vote of the full Senate. If the appointment is not confirmed during the regular legislative session, the confirmation fails.

(F)   A member of the board must comply with Ethics Reform Act requirements while performing official board duties. A member shall not serve on the board if he is an officer or employee of the corporation or if he has an immediate family member employed by the corporation.

(G)   A member of the board may receive per diem, subsistence, and mileage at the rate provided by law for members of state boards, committees, and commissions.

(H)   The board must elect from their membership officers of the board, other than the chair, as prescribed by the bylaws of the corporation.

(I)   The board may delegate to any one or more of its members, to the chief executive officer of the corporation, or to an agent or employee of the corporation, those powers and duties it considers proper.

(J)   A majority of members in office, to include members appointed but awaiting confirmation from the Senate, constitutes a quorum for the transaction of business and for the exercise of a power or function of the corporation.

(K)   Action may be taken and motions and resolutions adopted by the board at a board meeting by the affirmative vote of a majority of present and voting board members. This subsection does not relieve the board from the requirements of the South Carolina Freedom of Information Act.

(L)   A vacancy in the membership of the board does not impair the right of the members to exercise all the powers and perform all the duties of the board.

(M)   A member is appointed to the board for a term and may be removed from the board before the expiration of his term only as provided in Section 1-3-240(C).

(N) A member of the board must not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A member of the board who violates this section must be dismissed summarily.

(O)   The board must not enter into a contract for goods or services, or otherwise do business, with a person who is a member of the General Assembly, an immediate family member of a member of the General Assembly, a person who has been a member of the General Assembly within one year prior to the date of the contract, or an individual with whom the member, former member, or immediate family member is associated in partnership or a business, company, corporation, or partnership where the member's, former member's, or immediate family member's interest is greater than five percent. For purposes of this subsection, the terms used herein are as set forth in Chapter 13 of Title 8.

Section 33-57-150.   The board must:

(1)   approve, disapprove, amend, or modify the budget recommended by the chief executive officer for the operation of the corporation;

(2)   approve, disapprove, amend, or modify the terms of procurements recommended by the chief executive officer;

(3)   hear appeals of hearings required by this chapter;

(4)   promulgate regulations relating to the categories of lottery games and conduct of lottery games pursuant to the Administrative Procedures Act and as specified in this chapter; and

(5)   perform functions ordinarily and customarily performed by boards corporate and politic so long as they are not inconsistent with the requirements of this chapter.

Section 33-57-160.   (A)   The corporation has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter which are not in conflict with the Constitution and laws of this State including, but not limited to, the powers to:

(1)   sue and be sued in contract and in tort and to complain and defend in all courts;

(2)   adopt and alter a corporate seal and symbol;

(3)   adopt, amend, and repeal bylaws, promulgate regulations, and adopt policies and procedures for the regulation of its affairs and the conduct of its business and promulgate regulations relating to the categories of lottery games and the conduct of the games, pursuant to the Administrative Procedures Act and this chapter; to elect and prescribe the duties of officers and employees of the corporation; and to perform other matters as the corporation may determine;

(4)   procure or to provide self-insurance;

(5)   hold copyrights, trademarks, and service marks and enforce its rights with respect to them;

(6)   organize, initiate, supervise, and administer the operation of the lottery as provided by this chapter and regulations promulgated relating to the categories of lottery games and the conduct of the games pursuant to the Administrative Procedures Act and to this chapter;

(7)   enter into written agreements with one or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games, subject to the Administrative Procedures Act and this chapter;

(8)   conduct necessary or appropriate market research;

(9)   acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the corporation must use the telecommunications network service of the Budget and Control Board's Office of Information Resources pursuant to Sections 1-11-430 and 11-35-1580;

(10)   administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the corporation;

(11)   appoint, select, or hire officers, agents, and employees, including professional and administrative staff, personnel, and hearing officers to conduct hearings required by this chapter, and to fix their compensation and pay their expenses. Notwithstanding another provision of law, the corporation has exclusive authority to contract for legal services. All employees of the corporation are employees-at-will and are eligible for participation in the South Carolina Retirement System and may elect optional retirement program coverage in the same manner as provided in Section 9-20-10(2)(a), the State Health Insurance Group plans, and are encompassed by the South Carolina Tort Claims Act;

(12)   make pension payments to the South Carolina Retirement System and pay contributions to the Office of Insurance Services for dental and health plans on behalf of personnel or employees employed by the corporation who qualify in the same manner as other state employees in the executive branch of government;

(13)   select and contract with vendors and retailers;

(14)   enter into contracts or agreements with state or local law enforcement agencies for the performance of law enforcement, background investigations, and security checks;

(15)   enter into contracts on such terms and conditions as the corporation may determine, except that the corporation must not enter into an advertising or promotional contract pursuant to item (17) if the total contract amount includes a commission exceeding three percent of the contract amount; and except that the corporation must not enter into contracts to incur debt in its own name or enter into financing agreements with the State, agencies, or instrumentalities of the State, or with a commercial bank or credit provider; however, necessary start-up monies must be borrowed from the Insurance Reserve Fund of the Budget and Control Board, subject to the loan repayment terms of the Budget and Control Board, for effectuating its corporate purposes, including payment of the initial expenses of initiation, administration, and operation of the corporation and the lottery, if and only if sufficient start-up monies are not appropriated from the general fund;

(16)   establish and maintain banking relationships including, but not limited to, establishment of checking and savings accounts and lines of credit;

(17)   advertise and promote the lottery and lottery games in a dignified manner befitting the State. The amount spent on advertising may not exceed 7.5 million dollars during the initial year of operation of the lottery. During the second year of operation of the lottery, the amount spent on advertising may not exceed one and a half percent of the previous year's gross sales. For the third and subsequent years of operation of the lottery, the amount spent on advertising may not exceed one percent of the previous year's gross sales. The board must establish an advertising policy to ensure that advertising content and practices do not target with the intent to exploit specific ethnic groups or economic classes of people, and that the content of the advertising is accurate and not misleading. Lottery advertising must not contain the name or picture of an elected official or State Seal or its likeness. The board must review, at least quarterly, all past lottery advertising and proposed concepts for major media campaigns to ensure that the advertising did not and does not target with the intent to exploit specific ethnic groups or economic classes of people, and that the content is accurate and not misleading. The corporation must promote fair and responsible play, including disclosure of the odds of winning, and must ensure that any advertising used does not exhort the public to bet by misrepresenting, directly or indirectly, a person's chance of winning a prize. The corporation may use interviews, pictures, or statements from people who have won lottery prizes to show that prizes are won and awarded. If the board finds that advertising conflicts with these policies, the board must cause the cessation of that advertising. In addition, wherever lottery game tickets are sold, the corporation must provide information regarding resources for persons with gambling problems. Wherever lottery game tickets are sold, a lottery retailer must post a conspicuous sign in a prominent location, inside the retailer's premises and adjacent to the point of sale, clearly warning of the dangers and risks of gambling and the odds of winning and the odds of losing;

(18)   act as a retailer, conduct promotions which involve the dispensing of lottery game tickets or shares, and establish and operate a sales facility to sell lottery game tickets or shares and related merchandise, except that the corporation must not establish, operate, or authorize a lottery sales facility at any state Welcome Center or state rest area; and

(19)   promulgate regulations pursuant to the Administrative Procedures Act and this chapter and adopt and amend policies and procedures necessary to carry out and implement its powers and duties, organize and operate the corporation, regulate the conduct of lottery games in general, and other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public.

(B)   The powers enumerated in subsection (A) of this section are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and do not limit or restrict other powers of the corporation.

(C)   The corporation is prohibited from distributing monies other than as prescribed by this chapter including, but not limited to, the prohibition of contributing to or making independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6).

(D)   The corporation is not authorized to use any machine specifically prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50.

(E)   The corporation is subject to the limitations upon, and exemptions from, liability and damages provided in the South Carolina Tort Claims Act.

(F)   The corporation must not issue, sell, or authorize the sale of lottery tickets or shares at a location licensed to provide deferred presentment services pursuant to Chapter 39 of Title 34.

(G)   The corporation must not enter into a contract for the purpose of influencing a political decision in connection with the operation of the lottery, and the corporation may not employ, contract with, or otherwise authorize a lobbyist, as defined in Section 2-17-10(13), to engage in lobbying, as defined in Section 2-17-10(12), on behalf of the corporation.

(H) The corporation must not enter into a contract for goods or services, or otherwise do business, with a person who is a member of the General Assembly, an immediate family member of a member of the General Assembly, a person who has been a member of the General Assembly within one year prior to the date of the contract, or an individual with whom the member, former member, or immediate family member is associated in partnership or a business, company, corporation, or partnership where the member's, former member's, or immediate family member's interest is greater than five percent. For purposes of this subsection, the terms used herein are as set forth in Chapter 13 of Title 8.

Section 33-57-165.   (A)   In addition to the powers and duties granted to the corporation elsewhere in this chapter, the corporation must issue permits to private organizations qualified pursuant to this subsection to conduct raffles intended to raise money for charitable purposes. In order to qualify pursuant to this subsection, the organization must be exempt from taxation under 26 U.S.C. 501(c)(3) or (c)(10) and must file with the corporation an application in writing on a form approved by the corporation containing a statement by an officer or director of the organization under oath setting forth:

(1)   the name and address of the organization;

(2)   a description of the organization;

(3)   evidence of exemption under 26 U.S.C 501(c)(3) or (c)(10);

(4)   that the organization has been located in this State for at least thirty days before the date of application;

(5)   that the organization is not or will not be using a paid promoter to conduct or promote the raffle; and

(6)   that the organization will use only paper tickets which will be drawn from a collective pool of tickets.

(B)   All proceeds from a raffle after payment of prizes shall be expended only for tax exempt purposes of the sponsoring organization. No fee or expenses may be paid to a promoter to conduct or promote a raffle authorized pursuant to this section.

(C)   A permit issued pursuant to this section must specifically prohibit the use of a machine or device prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. No raffle authorized pursuant to this section may use other than paper tickets drawn from a collective pool.

(D)   Nothing in this section limits or otherwise affects Section 61-2-180.

Section 33-57-167. (A) Transit advertisements of lottery games or the sale of lottery tickets by the lottery corporation or a lottery vendor are prohibited, whether done directly or indirectly. This prohibition does not apply to lottery retailers.

(B)   'Transit advertisements' mean advertising on or within private or public vehicles used for transportation for hire and all advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, or airport.

Section 33-57-170. (A)   Except as authorized in Section 33-57-135, in accordance with the Administrative Procedures Act, the board must promulgate regulations relating to categories of lottery games and the conduct of those games. An emergency regulation may not be used to approve a category of a lottery game, except as provided in Section 33-57-135 and except that a lottery game within a category may be modified by an emergency regulation. A lottery game may be suspended by a majority vote of the board.

(B)   The regulations must address, but are not limited to, addressing the:

(1)   category of lottery games as described in Section 33-57-120(7). The lottery games may include the selling of lottery game tickets or shares or the use of electronic or mechanical devices, except those electronic or mechanical devices prohibited by Section 33-57-120(7), and except that the game or activity in which the winner is selected must not be based upon the outcome of a football, basketball, baseball, or similar game or sports event;

(2)   sale price of lottery game tickets or shares and the manner of sale, except that all sales must be for cash or debit card only. Payment by checks, credit cards, charge cards, or other form of deferred payment is prohibited;

(3)   number and amount of prizes;

(4)   method and location of selecting or validating winning lottery game tickets or shares;

(5)   manner and time of payment of prizes, which may include lump sum payments or installments over a period of years;

(6)   manner of payment of prizes by retailers to the holders of a winning lottery game ticket or share including, without limitation, provision for payment of prizes not exceeding six hundred dollars after deducting the price of the lottery game ticket or share and after performing validation procedures appropriate to the game and as specified by the board. The board may provide for a limited number of retailers who may pay prizes of up to five thousand dollars after performing validation procedures appropriate to the game and as specified by the board without regard to where the lottery game ticket or share was purchased;

(7)   frequency of lottery games and drawings or selection of winning lottery game tickets or shares;

(8)   means of conducting drawings, except that an elected or appointed official, other than the members of the board or its designee, must not preside or appear at a drawing;

(9)   method to be used in selling lottery game tickets or shares, which may include the use of electronic or mechanical devices, but the devices must be placed on the premises of the lottery retailer in a location which is only accessible to the retailer or his employees;

(10)   manner and amount of compensation to lottery retailers; and

(11)   other matters necessary, desirable, or convenient toward ensuring the efficient and effective operation of lottery games, the continued entertainment and convenience of the public, and the integrity of the lottery.

(B) If the board submits a regulation for a lottery game resulting in an instant winner, the board shall consider instituting an additional lottery game that makes use of the nonwinning instant tickets on a monthly or other periodic basis, so as to encourage nonwinners to accumulate their tickets instead of disposing of them separately and creating unsightly litter.

Section 33-57-180.   (A)   The board must appoint and provide for the compensation of a chief executive officer who must be an employee of the corporation and who directs the day-to-day operations and management of the corporation and is vested with powers and duties specified by the board and by law. The chief executive officer serves at the pleasure of the board. The maximum salary of the chief executive officer must be an amount set by the Agency Head Salary Commission after consultation with the Office of Human Resources Management of the State Budget and Control Board. The Agency Head Salary Commission shall review the salary of the chief executive officer annually at the time it reviews other agency heads and make recommendations with respect to a salary adjustment.

(B)   The board must hire and provide for the compensation of an internal auditor and necessary staff who must be employees of the corporation and who are vested with the powers and duties specified by the board and by law. The internal auditor shall report directly to the board.

Section 33-57-190.   (A)   The chief executive officer of the corporation must direct and supervise all administrative and technical activities as provided by this chapter and by the regulations promulgated pursuant to the Administrative Procedures Act and this chapter and policies and procedures adopted by the board. It is the duty of the chief executive officer to:

(1)   oversee the initiation, supervision, and administration of the operation of the lottery games;

(2)   employ and direct necessary personnel;

(3)   employ by contract and compensate necessary persons and firms;

(4)   promote or provide for promotion of the lottery and functions related to the corporation;

(5)   prepare a budget for the approval of the board;

(6)   require bond from retailers and vendors in amounts required by the board;

(7)   report monthly to the board with a full and complete statement of monthly lottery revenues and expenses for the preceding thirteen months; and

(8)   perform other duties generally associated with a chief executive officer of a corporation of an entrepreneurial nature.

(B)   The chief executive officer, for good cause, may suspend, revoke, or refuse to renew a contract entered into as provided by this chapter or the regulations, policies, and procedures of the board.

(C)   The chief executive officer or his designee may conduct hearings and administer oaths to persons for the purpose of assuring the security and integrity of lottery operations or to determine the qualifications of, or compliance by, vendors and retailers.

(D) The chief executive officer must not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A chief executive officer who violates this section must be dismissed summarily.

Section 33-57-200.   (A)   The corporation must establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees including, but not limited to, production incentive payments.

(B)   An employee of the corporation must not have a financial interest in a vendor doing business or proposing to do business with the corporation.

(C)   An employee of the corporation who has decision-making authority must not participate in a decision involving a retailer with whom the employee has an economic interest as defined in the South Carolina Ethics Reform Act.

(D)   An employee of the corporation who leaves the employment of the corporation must not represent a vendor or lottery retailer before the corporation for a period of one year following termination of employment with the corporation.

(E)   A background investigation must be conducted on each applicant who has reached the final selection process before employment by the corporation at the level of vice president or above, at any level within a division of security, and as otherwise required by the board. The corporation must pay for the cost of the investigations and may contract with the State Law Enforcement Division for the performance of the investigations.

(F)   The corporation must not employ a person who has been convicted of a felony or bookmaking or other forms of unlawful gambling.

(G)   The corporation must bond corporation employees who have access to corporation funds or lottery revenue in an amount established by the board, and may bond other employees as necessary.

Section 33-57-210.   (A)   The Governor must appoint a Lottery Retailer Advisory Board to be composed of ten lottery retailers, representing the broadest possible spectrum of geographical, racial, gender, and business characteristics of lottery retailers. The Governor also must appoint the chairman of the advisory board. The function of the advisory board is to advise the board on retail aspects of the lottery and to present the concerns of lottery retailers throughout the State. The Lottery Retailer Advisory Board may establish a consumer representatives committee to help provide additional insight on other aspects of lottery retail sales.

(B)   Members appointed to the Lottery Retailer Advisory Board serve terms of two years, except that four of the initial retailer appointees serve initial terms of one year and five serve initial terms of two years. The chairman of the Lottery Retailer Advisory Board serves co-terminus with the Governor.

(C)   The advisory board must establish its own rules and internal operating procedures. Members of the advisory board serve without compensation or the per diem, subsistence, or mileage provided by law for members of state boards, committees, or commissions. The advisory board may report to the board or to the oversight committee in writing at any time. The board may invite the advisory board to make an oral presentation to the board at regular meetings of the board.

Section 33-57-220.   It is the intent of the General Assembly that the corporation encourage participation by minority businesses. The board must adopt a plan that achieves to the greatest extent possible a level of participation by minority businesses, taking into account the total number of all retailers and vendors, to include subcontractors. The corporation must undertake training programs and other educational activities to enable minority businesses to compete for contracts on an equal basis. The board must monitor the results of minority business participation and must report those results to the Governor on at least an annual basis.

Section 33-57-230.   (A)   In coordination with the South Carolina Law Enforcement Division, the corporation must investigate the financial responsibility, security, and integrity of a lottery system vendor who is a finalist in submitting a bid, proposal, or offer as part of a procurement. To defray a portion of the expense of this investigation, the vendor finalist must submit a certified check for five thousand dollars to the corporation. This sum must be placed in an escrow account from which SLED must be paid to conduct the investigation pursuant to this section. If five thousand dollars is not sufficient to complete the investigation, the corporation must require the vendor-finalist to remit additional funds. Any funds remaining in the escrow account after the investigation is complete must be returned to the vendor finalist. At the time of submitting the bid, proposal, or offer to the corporation, the corporation must require disclosure of the:

(1)   vendor's name and address and, as applicable, the names and addresses of the following, if the vendor is:

(a)   a corporation, the officers and directors and each stockholder in the corporation, except that in the case of owners of equity securities of a publicly-traded corporation, the names and addresses of only those known to the corporation to own beneficially five percent or more of the securities must be disclosed;

(b)   a trust, the trustee and all persons entitled to receive income or benefits from the trust;

(c)   an association, the members, officers, and directors; and

(d)   a partnership or joint venture, all of the general partners, limited partners, or joint venturers;

(2)   states and jurisdictions in which the vendor does business and the nature of the business for each such state or jurisdiction;

(3)   states and jurisdictions in which the vendor has contracts to supply gaming goods or services including, but not limited to, lottery goods and services, and the nature of the goods or services involved for each state or jurisdiction;

(4)   states and jurisdictions in which the vendor has applied for, sought renewal of, received, been denied, or had revoked, or has issuance pending of, a lottery or gaming license of any kind or had fines or penalties assessed to his license, contract, or operation and the disposition of each in each state or jurisdiction. If a lottery or gaming license or contract has been revoked or has not been renewed or a lottery or gaming license or application has been denied or is pending and has remained pending for more than six months, all of the facts and circumstances underlying the failure to receive a license must be disclosed;

(5)   details of a finding or any plea, conviction, or adjudication of guilt in a state or federal court of the vendor for a felony or other criminal offense other than a traffic violation;

(6)   details of any bankruptcy, insolvency, reorganization, or corporate or individual purchase or takeover of another corporation, including bonded indebtedness, or pending litigation of the vendor;

(7) contributions to or independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, any political party as defined in Section 8-13-1300(26), or a committee as defined in Section 8-13-1300(6), for the twelve-month period before the application and up to the date of disqualification of the application or awarding of the contract, whichever occurs first; and

(8)   additional information the corporation determines appropriate for the procurement involved. If at least twenty percent of the cost of a vendor's contract is subcontracted, the vendor must disclose all of the information required by this section for the subcontractor as if the subcontractor were itself a vendor.

(B)   A lottery procurement contract must not be entered into with a lottery system vendor who has not complied with the disclosure requirements described in subsection (A) of this section, and a contract with a noncomplying vendor is voidable at the option of the corporation. The corporation may terminate a contract with a vendor who does not comply with the requirements for periodically updating the disclosures during the time specified in the contract. The provisions of this section must be construed broadly and liberally to achieve the ends of full disclosure of all information necessary to allow for a full and complete evaluation by the corporation of the competence, integrity, background, and character of vendors for procurements.

(C)   A procurement contract must not be entered into with a vendor who has been found guilty of a felony related to the security or integrity of the lottery in this or any other jurisdiction.

(D)   A procurement contract must not be entered into with a vendor if the vendor has an ownership interest in an entity that supplied consultation services under contract to the corporation regarding the request for proposals pertaining to those particular goods or services.

(E)   A lottery system vendor or applicant for a procurement contract must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A violation of the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.

(F)   A lottery system vendor who has entered into a procurement contract with the corporation shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6).

Section 33-57-240.   (A)   At the execution of the contract with the corporation, a vendor must post a performance bond or letter of credit from a bank or credit provider acceptable to the corporation in an amount determined by the corporation for that particular bid or contract. Instead of the bond, a vendor, to assure the faithful performance of its obligations, may deposit and maintain with the corporation securities that are interest bearing or accruing and that are rated in one of the three highest classifications by an established nationally recognized investment rating service. Securities eligible pursuant to this section are limited to:

(1)   certificates of deposit issued by solvent banks or savings associations which are organized and existing under the laws of this State or under the laws of the United States and are approved by the corporation;

(2)   United States bonds, notes, and bills for which the full faith and credit of the government of the United States is pledged for the payment of principal and interest; and

(3)   corporate bonds approved by the corporation. The corporation that issued the bonds shall not be an affiliate or subsidiary of the depositor. The securities must be held in trust and must have at all times a market value equal at least to the full amount estimated to be paid annually to the lottery vendor under contract.

(B)   Each vendor must be qualified to do business in this State and must file appropriate tax returns as provided by the laws of this State. All contracts pursuant to this section are governed by the laws of this State.

(C)   A contract must not be entered into with a vendor in which a public official has an ownership interest of ten percent or more.

(D)   Procurement contracts must be handled in accordance with the South Carolina Consolidated Procurement Code.

(E)   In all contracts entered into in connection with this chapter, the resident vendor preference provided in Section 11-35-1524 must apply to procurements made by the corporation, except that the following additional provisions apply:

(1)   the preference must also apply to the procurement of services, as defined in Section 11-35-310(29), and advertising;

(2)   with respect to the procurement of services or advertising, the definition of the term 'resident vendor' must be modified as provided in this item. Section 11-35-1524(B)(6)(c) does not apply to a vendor providing services or advertising. In lieu of Section 11-35-1524(B)(6)(c), the vendor must provide services or advertising which are representative of the general type of services or advertising on which the bid is submitted;

(3) with respect to the procurement of services or advertising, in lieu of providing the certifications provided in Section 11-35-1524(C), the vendor must certify in writing in the bid (1) that he or she is resident of the State, (2) the services or advertising is available, and (3) the cost of the services or advertising is not unreasonable; and

(4) a seven percent preference must be provided to a vendor who is a resident of another state over a vendor providing products or services from a foreign country.

Section 33-57-250.   (A)   The corporation must:

(1)   develop and maintain a statewide network of lottery retailers to serve the public convenience and promote the sale of lottery game tickets or shares and the playing of lottery games while ensuring the integrity of the lottery operations, lottery games, and activities;

(2)   provide small retailers a chance to participate in the sales of lottery game tickets or shares;

(3)   provide for compensation to lottery retailers in the form Of commissions in an amount not less than seven percent of gross proceeds; and may provide for other forms of compensation for services rendered in the sale or cashing of lottery game tickets or shares to be paid from gross proceeds; and

(4)   issue a certificate of authority to each person with whom it contracts as a retailer and each lottery retailer must post and conspicuously display its certificate on the premises in a location clearly visible to the public. A certificate is not assignable or transferable to a third party.

(B)   The board must develop a list of objective criteria upon which the qualification of lottery retailers must be based. Separate criteria must be developed to govern the selection of retailers of instant tickets and on-line retailers. In developing these criteria, the board must consider factors such as the applicant's financial responsibility, integrity, and reputation, and the security of the applicant's place of business or activity, and accessibility to the public. The board must not consider political affiliation or activities or monetary contributions to political organizations or candidates for public office. The criteria must include, but is not limited to, the following:

(1)   The applicant must be current in filing all applicable tax returns to the State of South Carolina and in payment of all taxes, interest, and penalties owed to the State of South Carolina, excluding items under formal appeal pursuant to applicable statutes. The Department of Revenue must provide this information to the corporation.

(2)   A person, partnership, unincorporated association, corporation, or other business entity must not be selected as a lottery retailer if he or it:

(a)   has been convicted of a criminal offense related to the security or integrity of the lottery in this or another jurisdiction;

(b)   has been convicted of unlawful gambling activity, false statements, false swearing, or perjury in this or another jurisdiction or convicted of a crime punishable by more than one year of imprisonment or a fine of more than one thousand dollars, or the imprisonment and the fine, unless the person's civil rights have been restored and at least five years have elapsed from the date of the completion of the sentence without a subsequent conviction of a crime described in this subitem;

(c)   has been found to have violated the provisions of this chapter or a regulation, policy, or procedure of the corporation, unless either ten years have passed since the violation or the board finds the violation both minor and unintentional in nature;

(d)   is a vendor or an employee or agent of a vendor doing business with the corporation;

(e)   resides in the same household as an officer of the corporation;

(f)   has made a statement of material fact to the corporation knowing the statement is false;

(g)   is a public official or is an entity in which a public official has an ownership interest of ten percent or more; or

(h)   is engaged exclusively in the business of selling lottery game tickets or shares, except that the corporation may sell or give away lottery game tickets or shares for promotional purposes; and

(i)     has not attained the age of twenty-one years, except that this age restriction applies only to the lottery retailer or lottery retailer applicant and not to a bona fide employee of the retailer.

(3)   A person applying to become a lottery retailer must be charged a uniform application fee for each lottery outlet. A retailer who participates in on-line lottery games must be charged a uniform application fee for each on-line outlet.

(4)   A lottery retailer contract executed pursuant to this chapter may be suspended, revoked, or terminated for good cause by the chief executive officer or his designee if the retailer is found to have violated a provision of this chapter or objective criteria established by the board.

(5)   Lottery retailer contracts may be renewable annually at the discretion of the corporation, unless sooner canceled or terminated.

(6)   A lottery retailer or lottery retailer applicant must not pay, give, or otherwise make available anything of value to a member of the board of directors of the South Carolina Education Lottery Corporation in violation of provisions of the South Carolina Ethics Reform Act.

(C) An applicant must undergo a criminal background investigation performed in accordance with Section 33-57-265.

Section 33-57-260.   (A) A lottery retailer contract is not transferable or assignable. A lottery retailer must not contract with a person for lottery goods or services except with the approval of the board.

(B)   Lottery game tickets and shares shall be sold only by the retailer named on the lottery retailer certificate.

Section 33-57-265. (A) Any person required to undergo a background investigation pursuant to this chapter must undergo both a state and national criminal history background investigation as a part of the required investigation. Any person required to undergo a background investigation may be required to supply fingerprints, along with other personal identifying information, for submission to the Federal Bureau of Investigation (FBI) through the State Law Enforcement Division (SLED). The corporation is authorized to use SLED and FBI criminal history records for the screening of persons required to undergo background investigations.

(B) This section applies to persons described in Section 33-57-140(B)(2), Section 33-57-200(E), Section 33-57-230(A), and Section 33-57-250(C).

(C) (1) In the case of an investigation of a person, as defined in Section 33-57-120(13), other than an individual, the required background investigations may be performed on any or all principals of the person, as determined by the corporation.

(2) For purposes of this section, 'principal' means:

(a)   the directors and officers of an association;

(b)   all partners of a partnership, limited partnership, or limited liability partnership;

(c)   all members of a limited liability company, or if the company is a manager-managed company, all members and managers;

(d)   for a corporation, its directors, officers, and stockholders with a ten percent or more direct or beneficial interest or any person or entity that receives more than ten percent of the net income; and

(e)   an employee who has day-to-day operational management responsibilities for the business or entity.

(3) (a) If a corporation is a member of a controlled group of corporations, as defined in 26 U.S.C. 1563, or a member of an affiliated group of corporations, as defined in 26 U.S.C. 1504, and at least one member of the group of corporations is a publicly-held corporation, only the corporation which seeks the vendor or retailer contract pursuant to this chapter is considered a principal for purposes of this chapter, along with its directors, officers, and stockholders as described in subitem (2)(d).

(b) For purposes of subitem (a) of this item, 'publicly held corporation' means a corporation:

(i)     whose shares are traded on a national exchange; and

(ii)   whose total assets at the end of the corporation's most recent fiscal quarter exceeded one billion dollars.

(D) SLED must collect, retain, expend, and carry forward fees associated with conducting criminal history investigations to offset the cost of performing the investigations. In the case of vendors, the fee for the criminal background investigation must be included in the fee imposed pursuant to Section 33-57-230(A). In the case of retailers, the fee for the criminal background investigation is in addition to the uniform application fee imposed pursuant to Section 33-57-250(B)(3) and must be paid by retailer applicant at the time of application.

Section 33-57-270.   (A)   The corporation must establish a fidelity fund separate from all other funds and must assess each retailer a one-time fee not to exceed one hundred dollars for each sales location. The corporation may invest the funds or place the funds in one or more interest-bearing accounts. Monies deposited into the fund may be used to cover losses the corporation may experience due to nonfeasance, misfeasance, or malfeasance of a lottery retailer. In addition, the funds may be used to purchase blanket bonds covering the corporation against losses from all retailers. At the end of each fiscal year, the corporation must pay to the Education Lottery Account any amount in the fidelity fund which exceeds five hundred thousand dollars, and the funds paid must be commingled with and treated as net proceeds from the lottery.

(B)   A reserve account may be established as a general operating expense to cover amounts deemed uncollectible from the retailers. The corporation must establish procedures for minimizing losses that may be experienced by reason of nonfeasance, misfeasance, or malfeasance of a lottery retailer, and must exercise and exhaust all available options in the procedures before amounts are written off to this account.

(C)   The corporation may require a retailer to post an appropriate bond, as determined by the corporation, using an insurance company acceptable to the corporation. The amount must not exceed the applicable district sales average of lottery game tickets for two billing periods.

(D)(1)   In its discretion, the corporation may allow a retailer to deposit and maintain with the corporation securities that are interest bearing or accruing. Securities eligible pursuant to this item are limited to:

(a)   certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this State or under the laws of the United States;

(b)   United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest; and

(c)   federal agency securities by an agency or instrumentality of the United States government.

(2)   The securities must be held in trust in the name of the corporation.

Section 33-57-280.   (A)   A retail contract executed by the corporation pursuant to this chapter must specify the reasons for which the contract may be canceled, suspended, revoked, or terminated by the corporation including, but not be limited to:

(1)   commission of a violation of this chapter, a regulation, or a policy or procedure of the corporation;

(2)   failure to account accurately or timely for lottery game tickets, lottery games, revenues, or prizes as required by the corporation;

(3)   commission of fraud, deceit, or misrepresentation;

(4)   insufficient sales;

(5)   conduct prejudicial to public confidence in the lottery;

(6)   filing for or placement in bankruptcy or receivership of the retailer;

(7)   a material change, as determined in the sole discretion of the corporation, in a matter considered material by the corporation in executing the contract with the retailer; or

(8)   failure to meet any of the objective criteria established by the corporation pursuant to this chapter.

(B)   If cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of South Carolina, the chief executive officer or his designee in his discretion may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, a contract issued pursuant to this chapter. The contract may be suspended temporarily by the chief executive officer or his designee without prior notice pending any prosecution, hearing, or investigation, whether by a third party or by the chief executive officer. A contract may be suspended, revoked, or terminated by the chief executive officer or his designee for any one or more of the reasons provided in this section. A hearing must be conducted by the chief executive officer or his designee. A party to the contract aggrieved by the decision of the chief executive officer or his designee may appeal the adverse decision to the board pursuant to the regulations, policies, and procedures set by the board.

(C)   If a party files an action to appeal the final decision of the board pursuant to subsection (B) and seeks to enjoin the implementation, termination, or performance of a contract, he must post a bond payable to the State in an amount determined by the trier of fact to be sufficient to compensate the State for its losses including, but not limited to, reasonable attorneys' fees and court costs resulting from the delay, if the party does not prevail in its appeal.

Section 33-57-290.   (A)   All proceeds from the sale of the lottery game tickets or shares constitute a trust fund until paid to the corporation either directly or through the corporation's authorized collection representative. A lottery retailer and officers of a lottery retailer's business have a fiduciary duty to preserve and account for lottery proceeds, and a lottery retailer is personally liable for all proceeds. Proceeds include unsold instant tickets received by a lottery retailer and cash proceeds of the sale of lottery products, net of allowable sales commissions and credit for lottery prizes sold or paid to winners by lottery retailers. Sales proceeds and unused instant tickets must be delivered to the corporation or its authorized collection representative upon demand.

(B)   The corporation must require retailers to place all lottery proceeds due the corporation in accounts in institutions insured by the Federal Deposit Insurance Corporation (FDIC) no later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of the deposit, lottery proceeds are considered the property of the corporation, and a lottery retailer is personally liable for those proceeds due the corporation. The corporation may require a retailer to establish a single separate electronic funds transfer account where available for the purpose of receiving monies from ticket or share sales, making payments to the corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each lottery retailer must establish a separate bank account for lottery proceeds which must be kept separate and apart from all other funds and assets, and must not be commingled with any other funds or assets.

(C)   Proceeds from the sale of lottery game tickets or shares received by a lottery retailer who becomes insolvent or dies insolvent, are due the corporation from the person or his estate in preference over all debts or demands.

(D)   Lottery retailers are not required to pay for lottery tickets or shares until the tickets or shares have been activated by the corporation.

Section 33-57-300.   If a lottery retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and the computation of retail sales is not defined explicitly to include sales of lottery game tickets or shares in a state operated or state managed lottery, only the compensation received by the lottery retailer from the corporation may be considered the amount of the lottery retail sale for purposes of computing the rental payment.

Section 33-57-310.   (A)   A person must not sell a lottery game ticket or share at a price other than that established by the corporation. A person other than a duly certified lottery retailer must not sell lottery game tickets, but a person may lawfully purchase lottery game tickets or shares and make a gift of the lottery game tickets or shares to another. The corporation may designate certain agents and employees to sell or give lottery game tickets or shares directly to the public.

(B)   Lottery game tickets or shares shall not be purchased and given by merchants as a means of promoting goods or services to customers or prospective customers, except as approved in writing by the corporation.

(C)   A lottery retailer must not sell a lottery game ticket or share except from the locations listed in the retailer's contract and as evidenced by the retailer's certificate of authorization unless the corporation authorizes in writing a temporary location not listed in the retailer's contract.

(D)   Lottery game tickets or shares must not be sold to persons under eighteen years of age, but a person eighteen years of age or older may purchase lawfully lottery game tickets or shares and make a gift to a person of any age. If a minor lawfully receives a winning lottery game ticket, the corporation may direct payment of proceeds of a lottery prize in an amount not exceeding two thousand five hundred dollars to the parent or guardian of the minor without court approval and without appointment of a conservator. In the case of a lottery prize greater than two thousand five hundred dollars and not exceeding twenty-five thousand dollars, payment must be made in accordance with the procedures outlined in Section 62-5-103 as they relate to distribution. In the case of a prize in an amount greater than twenty-five thousand dollars, payment must be made to a duly appointed conservator to be held for the benefit of the minor, pursuant to Section 62-5-433.

(E)   No lottery tickets or shares may be sold on the date of any general or primary election.

Section 33-57-315.   (A)(1)   Upon the theft of instant tickets, retailers must immediately report the theft to both the local law enforcement authority and to the corporation.

(2)   If tickets are stolen prior to the book being activated, and no tickets within the book have been sold, the following apply:

(a)   retailers must be charged a non-refundable service fee per incident in an amount determined by the corporation to cover its costs only, as long as the name of the local law enforcement agency contacted and the assigned case number are promptly furnished to the corporation;

(b)   if the name of the local law enforcement agency and the assigned case number are not provided to the corporation within thirty calendar days after the discovery by the retailer of the theft, the corporation must charge the retailer in accordance with subsection (3)(b);

(3)   If tickets are stolen after the book has been activated, or any tickets within the book have been sold, the following apply:

(a)   retailers must be charged the net sales value (retail sales value less commission) for each book, less the low tier prize values of stolen tickets not paid at the time of the incident, as long as the retailer furnished the name of the local law enforcement agency and the assigned case number to the corporation.

(b)   if the name of a law enforcement agency and case number are not provided to the corporation within thirty calendar days after the discovery by the retailer of the theft, credit for the unpaid low tier prizes must not be given and the retailer must be charged the net sales value (retail sales value less commission) for each book.

(4)   The corporation must adjust charges described in item (3), above, for the following reasons:

(a)   the corporation must charge retailers the low tier prize value of tickets that are presented to the corporation as claims subsequent to the date of the incident. The corporation must determine which prizes should be subsequently paid based upon the facts of the incident, and that amount will be charged to the retailer;

(b)   the corporation must provide credit for recovered stolen tickets as follows:

(i)     The net sales value of the tickets recovered must be compared to the total value of the un-cashed low tier prizes for each book of tickets. The retailer will receive credit for the greater of these two values;

(ii)   Recovered tickets must be returned to the corporation by the declared end of game redemption deadline or 180 days from the date of the incident, whichever is later. The game, book, and ticket number must be legible on each ticket in order for the retailer to receive credit. In the event tickets are being held as evidence in a criminal investigation by a law enforcement agency, the corporation must accept a property report from that agency by the declared end of the game redemption deadline or 180 days from the date of the incident, whichever is later, detailing the game, book, and ticket number or Void if Removed Number (VIRN) for the tickets being held, as documentation to provide credit;

(iii)   Recovered scratched tickets shall only be accepted for credit if that condition of the tickets is identified in documentation provided to the corporation by the local law enforcement agency;

(iv)   The retailer shall receive no credit for recovered tickets which have been validated;

(v)   The corporation must determine which credits should be provided based upon the facts of the incident, and that amount will be credited to the retailer.

(5)   Books reported to the corporation as stolen must be marked as such in the corporation's records to prevent validation and payment of prizes within the book.

(B)(1)   Upon the loss or damage of instant tickets, retailers must immediately report the loss or damage to the corporation's division of security.

(2)   If tickets are damaged prior to the book being activated, and no tickets within the book have been sold, and all tickets in the book are returned to the corporation, retailers must not be charged a service fee. If tickets are lost prior to the book being activated, and no tickets within the book have been sold, retailers must be charged a non-refundable service fee of twenty-five dollars per incident for up to four books and five dollars for every book over four books.

(3)   If tickets are lost or damaged after the book has been activated, or any tickets within the book have been sold, retailers must be charged the net sales value (retail sales value less commission) for each book.

(4)   Upon the written approval by the corporation, the corporation must provide credit for recovered lost or damaged tickets for the net sales value of the tickets recovered.

(a)   In order to receive approval, the retailer must provide the facts of the incident in writing to the corporation for consideration.

(b)   The written request and recovered tickets must be returned to the corporation by the redemption deadline and the game, book, and ticket number must be legible on each ticket in order for the retailer to receive credit.

(c)   Scratched tickets must not be accepted for credit. A scratched ticket is one that in the corporation's judgment has been compromised as to the security and integrity of the ticket due to removal of latex.

(d)   Tickets identified as validated prior to the recovery shall result in no credit being given to the retailer.

(5)   Books reported to the corporation as lost or damaged must be marked as such in the corporation's records to prevent validation and payment of prizes within the book.

(6)   In the event of acts of God, occurrences of nature, or other natural disasters, the corporation is authorized to waive the requirements of this subsection.

Section 33-57-320.   (A)   Lottery prizes are subject to the South Carolina state income tax. Residents and nonresidents of this State who receive a lottery prize in excess of five hundred dollars are subject to a mandatory withholding of state income tax as required by law. Federal income tax must be withheld from lottery prizes in excess of five thousand dollars. Neither the State nor a county, municipality, or other political subdivision of this State may impose a tax on the sale of a lottery ticket or share or on the payment of a prize pursuant to this chapter; nor may a county, municipality, or other political or public subdivision assess an ad valorem tax against a lottery ticket or share bought or sold pursuant to this chapter.

(B)   Except as otherwise provided in this chapter, attachments, garnishments, or executions authorized and issued pursuant to law must be withheld if timely served upon the corporation. This subsection does not apply to a retailer.

(C)   The corporation must promulgate regulations and adopt policies and procedures to establish a system of verifying the validity of lottery games tickets or shares claimed to win prizes and to effect payment of prizes.

(1)   A prize, a portion of a prize, or a right of a person to a prize awarded is not assignable except as provided in this section. A prize or a portion of a prize remaining unpaid at the death of a prize winner must be paid to the estate of the deceased prize winner or to the trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instrument has been filed with the corporation with a notarized letter of direction from the settlor and no written notice of revocation has been received by the corporation before the settlor's death. Following a settlor's death and before payment to a trustee, the corporation must obtain from the trustee a written agreement to indemnify and hold the corporation harmless with respect to claims that may be asserted against the corporation arising from payment to or through the trust. Notwithstanding any other provisions of this section, a person, pursuant to an appropriate judicial order, may be paid the prize to which a winner is entitled.

(2)   A prize must not be paid if it:

(a)   arises from claimed lottery game tickets that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the corporation within applicable deadlines;

(b)   lacks captions that conform and agree with the play symbols as appropriate to the particular lottery game involved; or

(c)   fails to comply with additional specific regulations and public or confidential validation and security tests of the corporation appropriate to the particular lottery game involved.

(3)   A particular prize in a lottery game must not be paid more than once, and if more than one person is entitled to a particular prize, the sole remedy of those persons is the award to each of them of an equal share in the prize.

(4)   A holder of a winning lottery game ticket or share from a lottery game, multi-state, or multi-sovereign lottery game must claim a cash prize within one hundred eighty days after the drawing in which the cash prize was won. In a South Carolina lottery game in which the player may determine instantly if he has won or lost, he must claim a cash prize within ninety days, or for a multi-state lottery game within one hundred eighty days, after the end of the lottery game. If a valid claim is not made for a cash prize within the applicable period, the cash prize is an unclaimed prize for purposes of this chapter.

(D)   A prize must not be paid upon a lottery game ticket or share purchased or sold in violation of this chapter and is an unclaimed prize for purposes of this section.

(E)   The corporation is discharged of all liability upon payment of a prize. An additional claimant pursuant to an alleged interest in the winning ticket or share must pursue that claim through the courts subject to the Statute of Frauds.

(F)   A lottery game ticket or share must not be purchased by and a prize must not be paid to a member of the board, an officer or employee of the corporation, or a spouse, child, brother, sister, or parent residing as a member of the same household in his principal place of residence. A lottery game ticket or share must not be purchased by and a prize must not be paid to an officer, employee, agent, or a subcontractor of a vendor, or a spouse, child, brother, sister, or parent residing as a member of the same household in his principal place of residence if he has access to confidential information that may compromise the integrity of the lottery.

(G)   The use of an electronic or mechanical machine designed for a lottery game authorized pursuant to this chapter must be limited to retailers and their employees only in order to facilitate retail sales of lottery tickets, and such a machine must not dispense coins or currency. The operation of the lottery games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40 and 16-19-50.

(H)   During the first year in which the lottery is operational, one million dollars from net proceeds must be remitted to the State Treasurer to be credited to an account, separate and distinct from the general fund, entitled 'Problem and Compulsive Gambling Fund'. The State Budget and Control Board, upon consulting with the Department of Mental Health, the Department of Alcohol and Other Drug Abuse Services, and the Board of the Lottery Corporation, shall contract with the Department of Alcohol and Other Drug Abuse Services or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies from the fund for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, with five hundred thousand dollars of that amount to be used for prevention programs including, in part or in totality, mass media communications. Nothing in this section prevents the State Budget and Control Board from contracting with any combination of agencies which meet the criteria provided for in this section, including a combination that includes the Department of Alcohol and Other Drug Abuse Services. During the second and succeeding years of operation, one million two hundred fifty thousand dollars of unclaimed prize money must be credited to the fund for those purposes, with at least seven hundred fifty thousand dollars being used for prevention programs including, in part or in totality, mass media communications. Semi-annually the director of the selected agency shall report to the board on the programs implemented with these funds, including nonidentifying statistical information pertaining to persons served by these programs. The director of the agency also shall provide a copy of the report to the General Assembly promptly upon receipt of the semi-annual reports.

(I)   Unclaimed prize money in excess of the amount to effectuate the purposes of this section, not to exceed ten million dollars annually, must be credited to the South Carolina Department of Education for the purchase of school buses for public education. Any funds remaining must be transferred to the Education Lottery Account.

Section 33-57-330.   (A)   The corporation is subject to the provisions of Chapter 4, Title 30, the South Carolina Freedom of Information Act.

(B)   The corporation must perform full criminal background investigations before the execution of a vendor contract.

(C)   The corporation or its authorized agent must:

(1)   conduct criminal background investigations and credit investigations on all potential retailers and employees;

(2)   supervise lottery game ticket or share validation and lottery drawings;

(3)   inspect at times determined solely by the corporation the facilities or operations of a vendor or lottery retailer to determine the integrity of the vendor's product or compliance by the retailer or vendor with its contract;

(4)   report suspected violations of this chapter to the appropriate investigative and prosecutorial agency having jurisdiction over the violation; and

(5)   upon request, provide assistance to a solicitor, the Attorney General, or a law enforcement agency investigating a violation of this chapter.

Section 33-57-340.   (A)   An individual who knowingly sells a lottery game ticket or share to a person under eighteen years of age or permits a person under eighteen years of age to play a lottery game is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or be imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court. It is an affirmative defense to a charge of a violation of this section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale.

(B)   A person under eighteen years of age who knowingly purchases a lottery game ticket is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars and not more than one hundred dollars.

Section 33-57-350.   (A)   A person who, with intent to defraud, falsely makes, alters, forges, utters, passes, or counterfeits a state lottery game ticket is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.

(B)   A person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.

(C)   A person who is convicted of a violation of subsection (A) or (B) must not be the recipient of an award of a lottery prize or a portion of a lottery prize, and is ineligible for employment by the corporation.

Section 33-57-360.   (A)   A person must not knowingly or intentionally make a material false statement in an application for a license or proposal to conduct lottery activities or a material false entry in a book or record which is compiled or maintained or submitted to the board or its designee pursuant to the provisions of this chapter. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or the dollar amount of the false entry or statement, whichever is greater, or imprisoned for not more than five years, or both.

(B)   A person who is convicted of a violation of subsection (A) also must surrender his license immediately and is ineligible to be issued a license by the corporation.

Section 33-57-370.   (A)   The corporation may enter into intelligence sharing, reciprocal use, or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions which provide for and regulate the use of information provided and received pursuant to the agreement.

(B)   Records, documents, and information in the possession of the corporation received pursuant to an intelligence sharing, reciprocal use, or restricted use agreement entered into by the corporation with a federal department or agency, a law enforcement agency, or the lottery regulation or gaming enforcement agency of a jurisdiction are considered investigative records of a law enforcement agency and are subject to the confidentiality and disclosure policies, and must not be released without the permission of the person or agency providing the record or information, except as may be required by the Freedom of Information Act.

Section 33-57-380 (A).   The corporation must enter into its contracts for procurements, including, but not limited to, its contracts with vendors, in compliance with the South Carolina Consolidated Procurement Code.

(B)   A vendor who appeals the award of a procurement contract for the supply of a lottery game ticket system, share system, or an on-line or other mechanical or electronic system is liable for all costs of appeal and defense if the appeal is denied or the contract award is upheld. Cost of appeal and defense specifically includes, but is not limited to, administrative proceedings, court costs, bond, legal fees, and loss of income to the corporation resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal was frivolous.

Section 33-57-390.   (A)   Any retailer, applicant for a retailer license, or lottery game ticket holder aggrieved by an action of the board may appeal that decision to the South Carolina Administrative Law Judge Division. The action is subject to review by an administrative law judge on the record of the board, upon petition of the aggrieved person within ten days from receipt of official notice from the board of the action of which review is sought. Service of notice is presumed conclusively ten days after mailing by registered or certified mail to the applicant or licensee of notice at his last known address. An appeal to the South Carolina Administrative Law Judge Division pursuant to this section is a contested case as defined by the Administrative Procedures Act and subject to the procedural due process requirements provided for in Article 5, Chapter 23, Title 1 and the Rules of Procedure of the Administrative Law Judge Division. Appeals regarding vendor contracts, as provided in Section 33-57-380, must be brought pursuant to the South Carolina Consolidated Procurement Code.

(B)   For judicial review of a final decision of an administrative law judge in a case involving the corporation, the petition by an aggrieved party must be filed with the circuit court and served on the opposing party not more than thirty days after the aggrieved party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.

(C)   All actions and proceedings for review pursuant to this chapter, and all actions and proceedings to which the corporation may be a party and in which a question arises pursuant to this chapter or pursuant to or concerning any order or decision of the corporation must be given priority of hearing in all courts and reviewing entities over all other civil causes except election cases irrespective of position on the calendar.

Section 33-57-400.   (A)   The corporation may accept and expend, pursuant to the provisions of this chapter, monies received from any source, including income from the corporation's operations.

(B)   The corporation must operate as a self-sustaining, self-funded enterprise fund. Monies in the state general fund must not be used or obligated to pay the expenses of the corporation or prizes of the lottery, and a claim for the payment of an expense of the lottery or prizes of the lottery must not be made against any monies other than monies credited to the corporation operating account.

(C)   The corporation may purchase, lease, or lease-purchase goods or services necessary for effectuating the purposes of this chapter. The corporation may make procurements which integrate functions such as lottery game design, lottery game ticket distribution to retailers, supply of goods and services, and advertising. In all procurement decisions, the corporation must act to promote and ensure security, honesty, fairness, and integrity in the operation and administration of the lottery and the objectives of raising net proceeds for the benefit of educational programs and purposes.

Section 33-57-410.   To ensure the financial integrity of the lottery, the corporation, through its board, must:

(1)   submit quarterly and annual reports to the Governor, President Pro Tempore of the Senate, the Speaker of the House of Representatives, State Auditor, Comptroller General, State Treasurer, and the oversight committee created by Section 33-57-420 disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the corporation during the reporting period. The annual report additionally must describe the organizational structure of the corporation including a position by position enumeration of salaries, as provided in Section 30-4-40, paid by the corporation to the chief executive officer and all its other employees, summarize the functions performed by each organizational division within the corporation, and contain a detailed budget for the next fiscal year. The quarterly reports must be submitted within fifteen days of the end of the quarter, and the annual report must be submitted by October fifteenth;

(2)   adopt a system of internal audits;

(3)   maintain weekly or more frequently records of lottery transactions including the distribution of lottery game tickets or shares to retailers, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the corporation;

(4)   authorize the State Auditor to contract with a certified public accountant or firm for an independently audited financial statement prepared in accordance with generally accepted accounting principles, to be submitted to the Comptroller General's office each year no later than October fifteenth. The certified public accountant or firm must not have a financial interest in a vendor with whom the corporation is under contract. The certified public accountant or firm must evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit is an operating expense of the corporation. The State Auditor may at any time conduct an annual audit of any phase of the operations of the corporation at the expense of the corporation but subject to the parameters established and the use of personnel as required by the State Auditor. The State Auditor shall receive a copy of the annual independent financial audit. A copy of an interim audit performed by the certified public accountant or firm or the State Auditor must be transmitted after the close of the corporation's fiscal year to the Governor, President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, State Treasurer, the Comptroller General, and the oversight committee co-chairmen;

(5)   submit, for informational purposes only, to the Office of State Budget of the Budget and Control Board and the State Auditor by June thirtieth of each year a copy of the annual operating budget for the corporation for the next fiscal year. This annual operating budget must be approved by the board;

(6)   submit, for informational purposes only, to the Office of State Budget on November tenth of each year a proposed operating budget for the corporation for the upcoming fiscal year. This budget proposal also must be accompanied by an estimate of the net proceeds to be deposited into the Education Lottery Account during the upcoming fiscal year; and

(7)   adopt the same fiscal year as that used by state government.

Section 33-57-420.   (A)(1)   There is created as a committee, the South Carolina Education Lottery Oversight Committee, to be composed of twelve members. The members of the committee must be appointed as follows: the Speaker of the House of Representatives appoints three members, one of whom must be the Chairman of the House Education and Public Works Committee; the President Pro Tempore of the Senate appoints three members, one of whom must be the Chairman of the Senate Education Committee; the Chairman of the South Carolina Commission on Higher Education appoints three members; and the Chairman of the South Carolina Education Oversight Committee appoints three members. The Speaker of the House of Representatives and the President Pro Tempore of the Senate must each appoint one co-chairman from the membership of the South Carolina Education Lottery Oversight Committee. The oversight committee must periodically, but at least annually, inquire into and review the operations of the corporation and review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. The oversight committee must also hold an annual public hearing and may conduct an independent audit or investigation of the authority as necessary.

(2)   The South Carolina Education Lottery Oversight Committee may initiate and propose changes in the laws of this State so as to prevent abuses and evasions of this chapter or its regulations or to rectify undesirable conditions in connection with the administration or operation of the lottery.

(3)   If the funds available for distribution pursuant to Section 33-57-460 fall below seventy-five million dollars for any fiscal year, the oversight committee must immediately conduct an investigation into the reasons for the shortfall and upon conclusion of their investigation report their findings along with recommendations for changes in the laws or regulations governing the conduct of the lottery to the chief executive officer, the board, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. The investigation must be completed and the reports delivered to the appropriate officials within one hundred and eighty days of the end of the fiscal year for the shortfall.

(B)   No later than December first of each year, the corporation must provide to the oversight committee a complete report of the level of participation of minority businesses in all retail and procurement contracts awarded by the corporation.

(C)   No later than December first of each year for the first five years the lottery is operational, the corporation must provide to the oversight committee a complete report of a demographic analysis of lottery players. The corporation must employ an independent firm experienced in demographic analysis to conduct the demographic study of lottery players. Data may be collected through surveys, but must not be collected from players at the time of purchase or point of sale. The report must include the income, age, sex, education, and frequency of participation of players. The first report conducted pursuant to this section must be initiated no later than six months after the first sale of a ticket to a player pursuant to this chapter.

(D)   The board must report to the Lottery Oversight Committee any matters it considers require an immediate change in the laws of this State so as to prevent abuses and evasions of this chapter or rules and regulations promulgated pursuant to it or to rectify undesirable conditions in connection with the administration or operation of the lottery.

(E)   The board must advise and make recommendations to the chief executive officer regarding the functions and operations of the lottery. A copy of all those recommendations must be forwarded to the Lottery Oversight Committee.

Section 33-57-430.   (A)   All claimant agencies of this State and persons on whose behalf the State and its claimant agencies act, in conjunction with the corporation, must cooperate in identifying debtors who owe money to the State and who qualify for prizes pursuant to this chapter from the corporation; and the sum of any debt owed to the State or to persons on whose behalf the State and its claimant agencies act must be set off against a prize awarded pursuant to this chapter. This section must be liberally construed to effectuate these purposes.

(B)   As used in this section:

(1)   'Claimant agency' means any state or local agency, department, board, bureau, commission, or authority to which an individual owes a debt or which acts on behalf of an individual to collect a debt.

(2)   'Debt' means a liquidated sum due and owing a claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, or a sum which is due and owing a person and is enforceable by the State or any of its agencies or departments.

(3)   'Debtor' means an individual owing money to or having a delinquent account with a claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy.

(4)   'Prize' means the proceeds of a lottery prize awarded pursuant to this chapter.

(C)   The collection remedy authorized by this section is in addition to and not in substitution for any other remedy available by law.

(D)(1)   A claimant agency may submit to the corporation a list of the names of all persons owing debts in excess of one hundred dollars to the claimant agency or to persons on whose behalf the claimant agency acts. The full amount of the debt is collectible from lottery winnings without regard to limitations on the amounts that may be collectible in increments through garnishment or other proceedings. The list constitutes a valid lien upon and claim of lien against the lottery winnings of a debtor named in the list. The list must contain the names of the debtors, their Social Security numbers if available, and other information which would assist the corporation in identifying the debtors named in the list.

(2)   The corporation must withhold winnings subject to the lien created by this section and send notice to the winner by certified mail, return receipt requested, of such action and the reason why the winnings were withheld. If the winner appears and claims winnings in person, the corporation must notify the winner at that time, by hand delivery, of the action. If the debtor does not protest, in writing, the withholding of the funds within thirty days of notice, the corporation must pay the funds over to the claimant agency. If the debtor protests the withholding of funds, in writing, within thirty days of the notice, the corporation must file an action in interpleader in the circuit court of the county in which the debtor resides, pay the disputed sum into the court, and give notice to the claimant agency and debtor of the initiation of the action.

(3)   The liens created by this section rank among themselves as follows:

(a)   taxes due the State;

(b)   delinquent child support;

(c)   delinquent student loans; and

(d)   all other judgments and liens in order of the date entered or perfected.

(4)   The corporation is not required to deduct claimed debts from prizes paid out by retailers or entities other than the corporation.

(5)   A list of debtors and debts must be provided, pursuant to this section, periodically as the corporation determines by rules and regulations, and the corporation is not obligated to retain the lists or deduct debts appearing on the lists beyond the period determined by the rules and regulations.

(6)   The corporation may prescribe forms, propose rules, and promulgate regulations necessary to carry out the provisions of this section.

(7)   The corporation and a claimant agency do not incur civil or criminal liability for good faith adherence to the provisions of this section.

(8)   The claimant agency must pay the corporation for all costs incurred by the corporation in setting off debts in the manner provided in this section. The corporation may retain this fee as part of administrative expenses.

(E)(1)   Notwithstanding Section 33-57-370 or other confidentiality law, the corporation may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this section.

(2)   The information obtained by a claimant agency from the corporation pursuant to this section must retain its confidentiality and may be used only by a claimant agency in the pursuit of its debt collection duties and practices. An employee or former employee of a claimant agency who unlawfully discloses this information for another purpose, except as otherwise specifically authorized by law, is subject to penalties as provided by law.

(F)   The provisions of this section apply only to prizes of five thousand dollars or more and do not apply to retailers authorized by the board to pay prizes of up to five thousand dollars after deducting the price of the lottery game ticket or share.

Section 33-57-440.   (A)(1)   All lottery proceeds are the property of the corporation.

(2)   From its lottery proceeds, the corporation must pay the operating expenses of the corporation. The second and succeeding years of operation of the lottery, the corporation also must pay operating expenses to the Commission on Higher Education and the Board for Technical and Comprehensive Education for the actual costs of activities related to implementation of activities and programs established by Sections 33-57-410, 33-57-470, 33-57-480, and 33-57-490. The amount of these expenses may not exceed one half of one percent of the funds programmed for scholarships pursuant to this chapter and must be distributed as follows: one third to the Commission on Higher Education and two thirds to the board for Technical and Comprehensive Education. During the first full year of operation of the lottery, one half of one percent of the funds programmed for scholarships pursuant to this chapter must be paid to the State Treasurer for deposit toward implementation of the prepaid tuition program. Approximately fifty percent of the amount of money from the actual sale of lottery game tickets or shares must be made available as prize money, except that this item does not create any lien, entitlement, cause of action, or other private right, and rights of holders of lottery games tickets or shares must be determined by the corporation in setting the terms of its lottery or lotteries.

(3)   The corporation must establish a prize structure for each lottery game that is based upon sound actuarial principles and does not rely upon proceeds generated from future or other lottery games. The corporation may establish a lottery reserve fund to further accomplish this purpose.

(4)   For the purpose of Section 33-57-320, the amount of withholding is based on the total prize value but the payment of withholding tax must be adjusted according to the payment schedule for the prize.

(B)(1)   On or before the twentieth day of each month, the corporation must transfer to the Education Lottery Account, the amount of all net proceeds during the preceding month. The Comptroller General must establish a restricted Education Lottery Account that the State Treasurer must use to account for net proceeds. These proceeds must not be commingled with any other funds.

(2)   Upon their deposit with the State, establishing a restricted account, monies representing a deposit of net proceeds become the unencumbered property of the State of South Carolina and the corporation shall not agree or undertake otherwise. The monies may be invested by the State Treasurer pursuant to state investment practices. All earnings attributable to the investments are also the unencumbered property of the State and accrue to the credit of the Education Lottery Account.

(3)(a)   A reserve account must be maintained within the Education Lottery Account. The amount of the reserve account must equal fifteen percent of the total amount of net proceeds deposited into the Education Lottery Account for the preceding fiscal year. For the first twelve months of operation the reserve account must not be funded. Beginning in the second year of operation, and for each succeeding year, five percent of the net proceeds must be credited to the reserve account until the account accumulates a balance of fifteen percent for the previous fiscal year. After that, the reserve account must be maintained at the fifteen percent level.

(b)   If the reserve account is drawn upon during the fiscal year, the account must be brought back to the appropriate level during the following fiscal year.

(c)   The reserve account may only be drawn upon if the net proceeds are insufficient to meet the required funding for the scholarships as provided in Section 33-57-460.

(C)(1)   Pursuant to Section 11-9-880, the Board of Economic Advisors, in conjunction with the corporation, must provide to the General Assembly, in a separate estimate, the amount of projected net lottery proceeds for the upcoming fiscal year. The State Treasurer's Office must estimate the annual interest earnings from corporation funds. All interest earnings and other net proceeds must be used for educational purposes and programs.

(2)   Appropriations from the Education Lottery Account must be for educational purposes and programs only as defined in Section 33-57-120(5). These appropriations must be used to supplement and not supplant existing funds used for education.

(3)   If expenditures for particular educational purposes or programs as defined in this chapter are less than the amounts appropriated, the excess may be retained in the account and expended the following fiscal year for those particular purposes or programs.

(D)(1)   A deficiency in the Education Lottery Account must not be replenished by book entries reducing a non-lottery reserve of general funds including specifically, but without limitation, the General Reserve Fund or the Capital Reserve Fund.

(2)   A surplus in the Education Lottery Account must not be reduced to correct non-lottery deficiencies in sums available for general appropriations, and a surplus in the Education Lottery Account must not be included in a surplus calculated for setting aside a non-lottery reserve, specifically, without limitation, the General Reserve Fund or the Capital Reserve Fund.

Section 33-57-450.   The net proceeds received from the state lottery for education as provided by law must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the 'Education Lottery Account'. All interest or income earned by the fund must be retained in the account and used for its stated purposes. However, all revenue received by the Education Lottery Account in any fiscal year together with earnings on it for that year must be disbursed as required by Section 33-57-460. It is the intent of the General Assembly in creating this Education Lottery Account that its funds be managed so as to establish and fund these programs permanently. Upon receipt of monies transferred to the Education Lottery Account by the State Treasurer, these monies must be appropriated to the programs and for the purposes stipulated in Section 33-57-460 (B) and (C). The Comptroller General must record these revenues received on a cash basis, and disbursements for the purposes provided also must be on a cash basis; however, unexpended funds at the end of a fiscal year after disbursement to the programs authorized to receive the funds as provided in Section 33-57-460 may be carried forward to future years and expended for the same purposes.

Section 33-57-460.   (A)   There is appropriated for the following purposes and programs annually from the Education Lottery Account in priority order on a fiscal year basis beginning with fiscal year 2002-2003 the amounts indicated as provided in this section, after maintaining the reserve fund as provided in Section 33-57-440(3). Notwithstanding any other provision of law, no distribution may be made from the Education Lottery Account until net proceeds in the account exceed thirty-five million dollars.

(B)   The first one hundred million dollars in the Education Lottery Account must be appropriated as follows:

(1)   fifty percent to the Commission on Higher Education for free tuition at state technical colleges and two-year public institutions as provided in Section 33-57-470 of this chapter. Lottery tuition assistance at independent two-year institutions must be the same as the maximum in-state tuition rate at a two-year public institution;

(2)   thirty-eight percent for the SC HOPE Scholarship Program established pursuant to Section 33-57-480 of this chapter; however, from these funds, the University of South Carolina-Aiken and the University of South Carolina-Spartanburg must be reimbursed the total cost of tuition for those students enrolled in the associate degree nursing program; this amount is in lieu of HOPE scholarships for those eligible students;

(3)   nine percent to the Department of Education to be allocated as follows:

(a)   eighty-nine percent to K-12 school technology; and

(b)   eleven percent to school-based grants for pilot programs, to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act;

(4)   one percent to the State Library for public library state aid;

(5)   two percent to the Department of Education to fund homework centers; these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act.

(C)   After the items provided in subsection (B) are funded, the remaining proceeds in the Lottery Education Account are appropriated as follows:

(1)   thirty percent to the Commission on Higher Education for state technical colleges and two-year public institutions for an "institutional impact fee" to mitigate the impact of increased enrollment at these colleges and institutions as a result of the provision of free tuition;

(2)   forty percent to the Commission on Higher Education for higher education assistance, including twenty percent for need-based grants, eight percent for tuition grants, eight percent for grants to teachers for advanced education with priority to annual grants earmarked for teachers working toward their masters' degree or advanced education in their areas of certification, or both, and four percent for the National Guard Tuition Repayment Program; a portion of the needs-based grants generated by the South Carolina Education Lottery must be designated to help off-set the cost of attendance of Pell Grant recipients at two-year public institutions; funding shall not be allocated to institutions to cover the cost of tuition for a student to the extent that a student's tuition is paid by other grants, scholarships, or other financial aid. A student must not receive reduced financial aid as a result of the implementation of this section;

(3)   twenty-seven percent to the Department of Education to be allocated as follows:

(a )   twelve percent to K-12 school technology;

(b)   twenty-two percent to school-based grants for pilot programs, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act;

(c)   twenty-two percent to the Governor's Reading Initiative;

(d)   twenty-two percent to the Department of Education to fund homework centers. These funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; and

(e)   eleven percent to assist with the establishment of new magnet schools with any carryover at the end of the fiscal year to be used at the discretion of the State Department of Education; and

(f)   eleven percent to assist with the establishment of new charter schools with any carryover at the end of the fiscal year to be used at the discretion of the State Department of Education;

(4)   three percent to the State Library for public library state aid.

(D)   Distributions must be made from the Education Lottery Account on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002. Any net proceeds received during fiscal year 2001-2002 must be carried forward for distribution in fiscal year 2002-2003. This distribution schedule may be adjusted during the lottery's first and second year of operation as revenue permits. The State Treasurer must distribute all available funds in the Education Lottery Account each quarter to the programs or for the purposes indicated in subsections (B) and (C).

Section 33-57-470.   (A) A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the maximum in-state tuition rate at a two-year public institution. Each technical college or two-year institution must receive quarterly allocations from the Education Lottery Account in an amount specified by the South Carolina Budget and Control Board. In order to qualify, a student must:

(1)   be a South Carolina resident for a minimum of one year;

(2)   be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;

(3)   make reasonable progress towards completion of the requirements for the certificate, degree, or diploma program; and

(4)   complete a Free Application for Federal Student Aid (FAFSA) application.

The South Carolina State Board for Technical and Comprehensive Education or the Commission on Higher Education, as appropriate, may provide regulations for the implementation of this section.

(B)   For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a scholarship as provided in this chapter includes South Carolina two-year public institutions, as defined in Section 59-103-5, including branch campuses and two-year independent institutions, as defined in Section 59-113-50.

(C)   Institutions whose sole purpose is religious or theological training, or the granting of professional degrees, do not meet the definition of 'public or independent institution' for purposes of this chapter.

(D)   'Tuition' for purposes of this section means the amount charged for registering for credit hours of instruction and academic fees and does not include other fees, charges, or costs of textbooks.

(E)   Notwithstanding Section 33-57-470(D), technical colleges and public two-year institutions may charge students an additional amount for academic or related fees not to exceed eight dollars per credit hour for academic fees, without increasing the fee reduction required by the Commission on Higher Education.

(F)   Each county must maintain its level of funding for technical colleges. If any county fails to maintain this level of funding for its technical college, the college may add, for students who reside in that county, an impact fee sufficient to offset the reduction in county funds.

Section 33-57-480. (A)(1)   SC HOPE Scholarships are hereby established and are provided by the State. These scholarships cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of two thousand dollars per year, except as provided in item (2) of this subsection, to eligible resident students attending four-year public and independent institutions as defined in subsection (B).

(2) For an eligible resident student who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship, during the first year of attendance only, these scholarships cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of three thousand dollars per year.

(B)   For purposes of this chapter, a 'public or independent institution' which a student may attend to receive an SC HOPE Scholarship includes the following:

(1)   a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50;

(2)   a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.

(C)   A student is eligible to receive and maintain a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship; except that a minimum Scholastic Aptitude Test or ACT score is not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section.

(D)   A student receiving a LIFE or Palmetto Fellows Scholarship must also receive an SC HOPE Scholarship pursuant to this section.

(E)   These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).

(F)   The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section. In addition, the commission must ensure accountability for the scholarship by monitoring the distribution of grades at the institutions that receive these scholarship funds.

(G)   All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision.

(H)   If there are insufficient funds in the Education Lottery Account to provide full two thousand dollar scholarships to each eligible recipient for any particular year, the amount of each eligible recipient's scholarship must be reduced on a pro rata basis for that year as necessary to reflect the funds available.

Section 33-57-490.   The Commission on Higher Education, in consultation with the State Department of Education, must develop an Education Lottery Teaching Scholarship Grants Program to provide certified teachers in the public schools of this State grants not to exceed one thousand dollars per year to attend public or private colleges and universities for the purposes of upgrading existing content area skills or obtaining a Master's Degree in the teacher's content area. If there are insufficient funds in the Education Lottery Account to provide the grant to each eligible recipient for a particular year, priority must be given to those teachers whose subject areas are critical subject needs as determined by the State Department of Education.

Section 33-57-500.   (A) The State Department of Education, in consultation with the Budget and Control Board's Office of Information Resources, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 33-57-460(B)(3) and Section 33-57-460(C)(3). These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3.

(B) Funds appropriated to the South Carolina State Library, as provided in 33-57-460(B)(4) and 33-57-460(C)(4), must be distributed to local public libraries on a per capita basis.

Section 33-57-510.   (A)   A person commits an offense of conspiracy if he, with intent that an offense pursuant to this chapter be committed:

(1)   agrees with one or more other persons that they or one or more of them engage in conduct constituting the offense; and

(2)   one or more of the persons so agreeing performs an overt act in pursuance of the agreement.

(B)   An agreement constituting a conspiracy may be inferred from acts of the parties.

(C)   It is not a defense to prosecution for conspiracy pursuant to this section that:

(1)   one or more of the co-conspirators is not criminally responsible for the offense;

(2)   one or more of the co-conspirators has been acquitted, if at least two co-conspirators have not been acquitted;

(3)   one or more of the co-conspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;

(4)   the actor belongs to a class of persons, who by definition of the offense, are legally incapable of committing the offense in an individual capacity; or

(5)   the offense was not actually committed.

(D)   A person who commits an offense pursuant to this section is guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned for not more than five years, or both.

Section 33-57-520.   The State Ethics Commission and the Attorney General have standing to enforce a provision of this chapter."

SECTION   3.   Section 1-3-240(C) of the 1976 Code is amended by adding:

"(11)   South Carolina Education Lottery Corporation."

SECTION   4.   The 1976 Code is amended by adding:

"Section 2-15-63.   (A)   Beginning in December 2004 and every three years thereafter, the Legislative Audit Council must conduct a management performance audit of the South Carolina Lottery Corporation.

(B)   Nothing in this section limits, abridges, or otherwise affects the provisions of Section 2-15-60."

SECTION 5.   Section 8-13-745 of the 1976 Code is amended to read:

"Section 8-13-745.   (A)   No member of the General Assembly or an individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity if the member of the General Assembly has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of the agency, board, department, or other entity within the twelve preceding months.

(B)   Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity elected, appointed, recommended, or confirmed by the House, the Senate, or the General Assembly if that member has voted on the section of that year's general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole.

(C)   Notwithstanding Except as provided in Section 33-57-140 and Section 33-57-160, notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or an individual with whom he is associated in partnership or a business, company, corporation, or partnership where his interest is greater than five percent may enter into any contract for goods or services with an agency, a commission, board, department, or other entity funded with general funds or other funds if the member has voted on the section of that year's appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the appropriation bill or from voting on the general appropriation bill as a whole.

(D)   The provisions of this section do not apply to any court in the unified judicial system.

(E)   When Except as provided in Section 33-57-140 and Section 33-57-160, when a member of the General Assembly is required by law to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, this section does not apply.

(F)   The provisions of subsections (A), (B), and (C) do not apply in the case of any vote or action taken by a member of the General Assembly prior to January 1, 1992."

SECTION   6. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )   a lottery ticket sold pursuant to Chapter 57 of Title 33;"

SECTION   7. Section 16-19-10 is amended by adding the following sentence at the end to read:

"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section."

SECTION   8.     Section 16-19-20 is amended by adding the following sentence at the end to read:

"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section."

SECTION   9. Section 16-19-30 is amended by adding the following sentence at the end to read:

"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section."

SECTION   10. Section 59-63-210 of the 1976 Code is amended to read:

"Section 59-63-210.   (A)   Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for a the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Every expelled pupil shall have has the right to petition for readmission for the succeeding school year. Expulsion or suspension shall must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. The provisions of this section shall do not preclude enrollment and attendance in any adult or night school.

(B)   A district board of trustees must not authorize or order the expulsion, suspension, or transfer of any pupil for a violation of Section 33-57-340(B)."

SECTION 11.   Notwithstanding the provisions of Section 33-57-165, a raffle conducted by a private organization exempt from taxation under 501(c)(3) between January 1, 2001, and this act's effective date is deemed to be conducted by the State.

SECTION   12.   Beginning in 2007 and at a minimum, every five years thereafter, the General Assembly must, by a majority vote of those present and voting in both houses, enact legislation relating to the appropriation of lottery proceeds under this chapter; this legislation must specify the priorities and purposes for which the lottery proceeds must be used and must specify amounts to be allocated for each purpose. Provisions of this chapter relating to the appropriation of lottery proceeds must not be amended in a general appropriations act but only in a separate piece of legislation solely for that purpose and by a majority vote of those present and voting in both houses of the General Assembly.

SECTION   13.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   14.   Criminal penalties contained in Chapter 57, Title 33 apply only to offenses committed on or after the effective date of this act.

SECTION   15.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding does not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, 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   16.   Upon approval by the Governor, this act takes effect upon ratification of the amendment to Section 7, Article XVII of the Constitution of this State.   /

Renumber sections to conform.

Amend title to conform.

Senators MOORE and McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

S. 537 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-0-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; AND TO AMEND SECTION 38-9-200, AS AMENDED, RELATING TO CREDIT ALLOWANCE FOR INSURANCE COMPANIES, SO AS TO PROHIBIT CREDIT FOR REINSURANCE BASED ON THE STATUS OF A CAPTIVE REINSURANCE COMPANY.

The House returned the Bill with amendments.

On motion of Senator SALEEBY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 665 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MESSRS. ARTHUR STRICKLAND AND JOE NICHOLSON OF FLORENCE, PRODUCERS OF THE TELEVISION PROGRAM "CAROLINAS MOST WANTED" AND WISHING THE PROGRAM CONTINUING SUCCESS IN THE CAUSE OF BRINGING CRIMINALS TO JUSTICE.

Returned with concurrence.

Received as information.

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

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

H. 3302 (Word version) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

H. 3263 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

H. 3600 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S ACADEMIC PERFORMANCE RATINGS AND PERFORMANCE INDICATORS UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO PROVIDE THAT THE COMMITTEE IN ALL RATINGS RATHER THAN JUST IN THE IMPROVEMENT RATING SHALL CONSIDER CERTAIN CRITERIA.

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

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

H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.

By prior motion of Senator RAVENEL

Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.

There was no objection.

The Bill was ordered returned to the third reading Calendar.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 241 (Word version) -- Senator Passailaigue: A BILL TO AMEND ACT 438 OF 2000 SO AS TO PROVIDE THAT STUDENTS WHO ATTEND PRIVATE SCHOOL IN BERKELEY COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

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

S. 524 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO REQUIRE, IN ADDITION TO LICENSURE, THAT SCHOOL SOCIAL WORKERS BE CERTIFIED BY THE DEPARTMENT OF EDUCATION AND COMPLETE SIX SEMESTER HOURS WITHIN FIVE YEARS FOR RENEWAL OF CERTIFICATION.

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

H. 3721 (Word version) -- Reps. Cato, J.E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge, Hinson and Barfield: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF THREE DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE; TO AMEND SECTION 37-3-203, AS AMENDED, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN OR REFINANCING OF A CONSUMER LOAN, SO AS TO PROVIDE FOR A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN INSTALLMENT THAT IS UNPAID TEN DAYS AFTER ITS DUE DATE AND TO ALLOW A CREDITOR TO APPLY PAYMENT TO A DELINQUENT RATHER THAN CURRENT OR UNMATURED INSTALLMENT; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO REMEDIES AND PENALTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO AS TO CLARIFY FACTORS FOR CONSIDERATION IN A DETERMINATION OF UNCONSCIONABLE CONDUCT.

Senator SHORT explained the Bill.

S. 45 (Word version) -- Senators Land, Ford, Mescher, Giese, Reese, Rankin and Branton: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD A REPRESENTATIVE OF THE MODULAR BUILDING INDUSTRY AND A CODE ENFORCEMENT OFFICER TO THE MEMBERSHIP OF THE COUNCIL, TO MAKE ALL MEMBERS VOTING MEMBERS, AND TO FURTHER PROVIDE FOR THE CALL OF MEETINGS.

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

The Committee on Labor, Commerce and Industry proposed the following amendment (45R001.JVS), which was adopted:

Amend the bill, as and if amended, page 2, line 4 by striking / seventeen / and inserting:

/   sixteen     /

Amend further, page 2, by deleting line 15 and inserting:

/   (6) a residential home builder licensed in South Carolina, from a list of qualified candidates submitted to the Governor by the Home Builders Association of South Carolina;     /

Amend further, page 2 by deleting lines 31-39, and inserting:

/   (14)   a representative of the modular building industry from a list of qualified candidates submitted to the Governor by the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member,; and

(15)   a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member.; and

(16)   a code enforcement officer registered in South Carolina.     /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator MESCHER, with unanimous consent, S. 45 was ordered to receive a third reading on Thursday, May 10, 2001.

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.

On motion of Senator RANKIN, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3687, THE GENERAL APPROPRIATION BILL.

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

Senator LEATHERMAN asked unanimous consent to make a motion that the Report of the Committee of Finance be adopted, the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading, with all members reserving their rights to raise any Points of Order.

Senator PASSAILAIGUE objected.

Senator LEATHERMAN, under the provisions of Rule 43, gave notice of a motion to suspend all or a portion of Rules 24A and 24B regarding the Report of the Committee of Finance on H. 3687.

Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether the Notice of Motion needed to be made during the Motion Period.

The PRESIDENT stated that the Notice of Motion did not need to be made during the Motion Period.

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

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

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

Senator PINCKNEY was recognized.

At 3:00 P.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.

At 3:15 P.M., the Senate resumed.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment, with Senator PINCKNEY retaining the floor.

S. 550 (Word version) -- Senator Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION ENACTING THE "SOUTH CAROLINA CAROLINA BAYS PROTECTION ACT" BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF NONCONTIGUOUS WETLANDS WHICH ARE ISOLATED WETLANDS HAVING NO SURFACE WATER CONNECTION TO OTHER STATE WATERS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING A NONCONTIGUOUS WETLANDS PERMITTING PROCESS, AND TO EXEMPT CERTAIN ACTIVITIES FROM REQUIRING A PERMIT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS IN THE "POLLUTION CONTROL ACT", SO AS TO INCLUDE WETLANDS, CAROLINA BAYS, POCOSINS, BOGS, FENS, WET DEPRESSIONS, VERNAL POOLS, AND GUM PONDS IN THE DEFINITION OF "WATERS OF THE STATE" AND TO DEFINE "WETLANDS" AND "NONCONTIGUOUS WETLANDS"; TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, SO AS TO INCLUDE THE AUTHORITY TO ISSUE PERMITS FOR DRAINAGE, EXCAVATING, OR CONSTRUCTING ON WETLANDS; AND TO DESIGNATE SECTIONS 48-1-10 THROUGH 48-1-350 AS ARTICLE 1 OF CHAPTER 1, TITLE 48 ENTITLED THE "POLLUTION CONTROL ACT" AND TO RENAME CHAPTER 1 OF TITLE 48 AS "POLLUTION CONTROL AND WETLANDS PROTECTION".

Senator BRANTON asked unanimous consent to make a motion to recommit the Bill to the Committee on Agriculture and Natural Resources, retaining its place on the Calendar.

Senator HUTTO objected.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 9, 2001, at 4:30 P.M. and the following Act was ratified:

(R40, H. 3850 (Word version)) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young, J. Young, Allen, Askins, Coates and Loftis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
L:\COUNCIL\ACTS\3850DW01.DOC

Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002

Jeffrey A. Constant, 131 Creek Road East, Greenwood, S.C. 29646 VICE Harry W. Sparks

Having received a favorable report from the Newberry County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Mark E. English, 116 Duncan Street, Whitmire, S.C. 29178 VICE Barry Koon

Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2001, and to expire April 30, 2003

Sarah R. Simmons, 300 Pineridge Drive, Spartanburg, S.C. 29304

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. H. LaBorde "Bordie" Mathias of Lexington, S.C.

Senator McCONNELL moved that, when the Senate adjourns on Friday, May 11, 2001, it stand adjourned to meet next Monday, May 14, 2001, at 1:00 P.M., which motion was adopted.

At 4:38 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1B for the exclusive purpose of the introduction and referral of bills, receipt of communications and committee reports and the reading and passage of local matters and uncontested matters which have previously received unanimous consent to be taken up.

This web page was last updated on Thursday, June 25, 2009 at 1:19 P.M.