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The Senate assembled at 11:00 A.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, St. Paul talked much about the law but depended upon the Spirit for redemption. Listen, Romans Chapter 12 (v. 1):

"Do not be conformed to this world, but be ye transformed by the renewal of your mind..."

Lord of us all, we remember the penetrating wisdom of Ruskin who showed us that although the mud in the streets of a manufacturing city is made of clay, sand, soot and water, the clay can be transformed into a sapphire, the sand changed into an opal, the soot crystallized into a diamond, and the water turned into a snowy star.

May we never underestimate the power of divine grace in our lives that makes saints out of sinners and perceptive prophets out of the slow to understand.

So help us in this place to be instruments participating in bringing to our people what the Good Book calls the "abundant, the blessed life." We know it as "good families," "happy homes," "good jobs..." and a common life of "brothers and sisters." So, let it be, O Lord!
Amen.

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

Senator LEATHERMAN introduced Dr. William M. Boulware of Florence, S.C., Doctor of the Day.

Senator RAVENEL rose for an Expression of Personal Interest.

Senator PINCKNEY rose for an Expression of Personal Interest.

Senator BRANTON rose for an Expression of Personal Interest.

Senator FORD rose for an Expression of Personal Interest.

Senator McCONNELL rose for an Expression of Personal Interest.

S. 177 (Word version) -- Senators McConnell, Passailaigue, Patterson, Land, Matthews, Ravenel and Ford: 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

On motion of Senator HUTTO, with unanimous consent, the name of Senator HUTTO was added as a co-sponsor of S. 177.

S. 187 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT A CHILD FOUR YEARS OF AGE OR MORE WHO CANNOT SIT WITH THEIR BACKS STRAIGHT AGAINST THE VEHICLE SEAT BACK CUSHION WITH KNEES BENT OVER A VEHICLE'S SEAT EDGE MUST BE SECURED BY A BELT-POSITIONING BOOSTER SEAT PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

On motion of Senator RANKIN, with unanimous consent, the name of Senator SHORT was added as a co-sponsor of S. 187.

The following were introduced:

S. 217 (Word version) -- Senators Bauer, McConnell, Mescher, Leatherman, Richardson, Waldrep, Peeler, Alexander, Wilson, Ryberg, Ravenel, Elliott, Grooms, Giese, Courson, Fair, Gregory, Ritchie, Branton, Hawkins, Verdin, Thomas, J. Verne Smith and Martin: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORAL PUNISHMENT IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A SCHOOL DISTRICT THAT HAS ADOPTED A POLICY PERMITTING CORPORAL PUNISHMENT AND ITS EMPLOYEES ARE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY ARISING FROM A STUDENT OF THE DISTRICT BEING ADMINISTERED CORPORAL PUNISHMENT IN ACCORDANCE WITH THE DISTRICT'S POLICY, TO PROVIDE THAT THE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY DOES NOT APPLY WHERE CORPORAL PUNISHMENT IS ADMINISTERED IN A

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

S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
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Read the first time and referred to the Committee on Finance.

S. 219 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-9-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE BY THE STATE TREASURER, SO AS TO AUTHORIZE INVESTMENTS IN CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA SO LONG AS THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS, TO MODIFY THE INVESTMENT GRADE RATING REQUIREMENT FOR INVESTMENT IN OBLIGATIONS, TO PROVIDE FOR INVESTMENT IN CERTAIN GUARANTEED INVESTMENT CONTRACTS ISSUED BY A DOMESTIC OR FOREIGN INSURANCE COMPANY OR OTHER FINANCIAL INSTITUTION, AND TO AUTHORIZE THE STATE TREASURER TO CONTRACT TO LEND INVESTED SECURITIES.
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Read the first time and referred to the Committee on Finance.

S. 220 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY

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

S. 221 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S POINT SYSTEM THAT CONSISTS OF A GRADUATED SCALE OF POINTS AND ASSIGNS RELATIVE VALUES TO VARIOUS MOTOR VEHICLE VIOLATIONS, SO AS TO DELETE IMPROPER DANGEROUS PARKING AS A TWO POINT VIOLATION.
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Read the first time and referred to the Committee on Transportation.

S. 222 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S USE OF REVENUES OF THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO AUTHORIZE ADDITIONAL LEGAL INVESTMENTS FOR THESE REVENUES BY THE STATE TREASURER IN OBLIGATIONS OF CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA IF THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS AND BEAR AN INVESTMENT GRADE RATING OF AT LEAST TWO NATIONALLY RECOGNIZED RATING SERVICES.
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Senator LEATHERMAN spoke on the Bill.

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

H. 3053 (Word version) -- Reps. J. Young, Kirsh, Davenport, G.M. Smith, W.D. Smith, Harrison and Whipper: TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY

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

H. 3138 (Word version) -- Reps. Wilkins, W.D. Smith, Harrison, Harrell, Townsend, Sharpe, J. Brown, Cato, Jennings, Walker, Simrill, Campsen, Wilder, Delleney, Whatley, Coates, Cobb-Hunter, Sandifer, Vaughn, Robinson,

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

H. 3139 (Word version) -- Reps. Wilkins, W.D. Smith, Harrison, Harrell, Townsend, Sharpe, J. Brown, Cato, Jennings, Walker, Simrill, Campsen, Wilder, Delleney, Whatley, Coates, Cobb-Hunter, Sandifer, Vaughn, Robinson, Whipper, Owens, Altman, Merrill, Cotty, Gilham, Rodgers, Edge, Rice, Easterday, Hamilton, Bingham, Huggins, Talley and Govan: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

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

H. 3294 (Word version) -- Reps. Hinson, Law, Dantzler, Gourdine and Merrill: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT

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

H. 3326 (Word version) -- Reps. Wilder, Carnell, Stille, Hayes and Taylor: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MARCH, 2001, AS NATIONAL ATHLETIC TRAINING MONTH IN SOUTH CAROLINA, AND TO RECOGNIZE THE ATHLETIC TRAINING PROFESSION AND ITS IMPORTANCE IN MAINTAINING QUALITY HEALTH CARE.

Read the first time and referred to the General Committee.

H. 3327 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF FORMER REPRESENTATIVE J. HENRY STUCKEY OF KINGSTREE AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

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

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

The following Bills 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. 3284 (Word version) -- Reps. Littlejohn and W.D. Smith: A BILL TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DISTRICT'S BORROWING LIMIT FROM TWENTY THOUSAND DOLLARS TO EIGHT HUNDRED FIFTY THOUSAND DOLLARS.

By prior motion of Senator RITCHIE

H. 3196 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

By prior motion of Senator RAVENEL, with unanimous consent

H. 3282 (Word version) -- Reps. Townsend, Neilson, Jennings, Harrison, McLeod and Scott: A BILL TO AMEND ACT 387 OF 2000, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2000-2001, BY AMENDING PART 1B (TEMPORARY PROVISIONS), PARAGRAPH 1.25 SO AS TO INCREASE FROM SIX TO TWELVE MONTHS THE PERIOD THAT THE STATE DEPARTMENT OF EDUCATION MAY WAIVE THE REQUIRED PRAXIS II SUBJECT AREA EXAM FOR CERTAIN TEACHERS.

Senator GIESE explained the Bill.

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

S. 212 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 469 OF 2000, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF YORK COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATE BY WHICH CANDIDATES MUST FILE FOR ELECTION TO THESE OFFICES.

Senator HAYES explained the Bill.

On motion of Senator HAYES, S. 212 was ordered to receive a third reading on Friday, January 26, 2001.

S. 213 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 459 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE AND AUTHORIZING THE COMMITTEE TO EXPEND CERTAIN FUNDS FOR CONTRACTUAL SERVICES, SO AS TO PROVIDE THAT COMMITTEE MEMBERS MAY BE PAID THE USUAL MILEAGE FOR THEIR ROAD INSPECTIONS.

By prior motion of Senator MATTHEWS

S. 214 (Word version) -- Senators Reese, Hawkins and Ritchie: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY SO AS TO INCREASE THE NUMBER OF COMMISSIONERS SERVING ON THE INMAN-CAMPOBELLO WATER DISTRICT COMMISSION FROM THREE TO FIVE.

By prior motion of Senator REESE

S. 132 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.

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

The Committee on Judiciary proposed the following amendment (JUD0132.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 27, in Section 56-5-2940, as contained in SECTION 1, by striking lines 27 through 31 in their entirety, and inserting therein the following:

/   "Section 56-5-2940.   A person who violates a provision of Section 56-5-2930 or Section 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the committee amendment.

The committee amendment was adopted.

Senators HUTTO, MARTIN and RITCHIE proposed the following amendment (JUD0132.003), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION . The General Assembly declares that the amendment to Section 56-5-2940 of the 1976 Code providing that a violation of Section 56-5-2933, driving with an unlawful alcohol concentration, or a violation of Section 56-5-2930, driving under the influence, constitutes a prior offense for the purpose of determining a subsequent driving with an unlawful alcohol concentration violation or a subsequent driving under the influence violation, is a clarification of and not a change to the current law. The General Assembly is further codifying its previous legislative intent to avoid any ambiguity in interpretation. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator McCONNELL, the Senate agreed to dispense with the Motion Period.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment, and upon lifting of the veil of secrecy, stand adjourned.

On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate stood adjourned.

On motion of Senator HAWKINS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Sam O'Shields of Landrum, S.C., beloved great uncle and dear friend of Senator HAWKINS.

Senator McCONNELL moved that, when the Senate adjourns on Friday, January 26, 2001, it stand adjourned to meet next Tuesday, January 30, 2001, at 12:00 Noon, which motion was adopted.

At 12:50 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow 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.

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