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 ACTING PRESIDENT, Senator ALEXANDER.

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

Beloved, in the Book of Job we read 33:13f:

"Why do you contend against Him (God), saying 'He will answer none of my words?'

For God speaks in one way, and in two, though people do not perceive it."
Let us pray.

Lord, God of Job and our God, keep us wise and humble in our judgments!

In the light of Your Divine Majesty we realize our weakness, our need and our fallibility!

You have not sent visible angels to do Your work in our world. It appears that there are no hands but human hands, no minds but human minds to do Your Will in our world.

You have called us to work in Your garden. Use us, earthen vessels though we are, to do good today, in the Name of the God of Job.
Amen.

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

The following was received and referred to the appropriate committee for consideration:

Document No. 2722
Agency: Department of Labor, Licensing and Regulation
Board of Medical Examiners
Subject: Exemption for Team Physicians; Limited Practice Permitted
Received by Lieutenant Governor March 12, 2002
Referred to Medical Affairs Committee

The following was received:

Document No. 2660
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Hospices
Received by Lieutenant Governor January 9, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration May 8, 2002
Senate Medical Affairs Committee Requested
Withdrawal March 13, 2002
120 Day Period Tolled
Withdrawn and Resubmitted March 13, 2002

Senator RAVENEL introduced Dr. Richard M. Kline of Charleston, S.C., Doctor of the Day.

On motion of Senator GROOMS, at 2:10 P.M., Senator HAWKINS was granted a leave of absence for today.

On motion of Senator LEATHERMAN, at 2:10 P.M., Senator J. VERNE SMITH was granted a leave of absence for the balance of the week.

The following were introduced:

S. 1117 (Word version) -- Senators Leatherman, Drummond, McGill, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE

Whereas, Bruce Franklin Duke began his service with the Senate Finance Committee in June 1998, having previously served the General Assembly by working for the State Reorganization Commission from January 1995 to June 1998; and

Whereas, Bruce began his career in state government somewhat late in life after having spent many years in the private sector performing a variety of jobs ranging from manual laborer as a grave digger, reputed to be his favorite job, and concrete finisher to toxicological research assistant; and

Whereas, he received the Eagle Scout award as a teenager, and after graduating from Lower Richland High School, where he was an all-state football player, he attended the University of South Carolina where he played football and was recognized as the outstanding defensive back in 1976; and

Whereas, Bruce then served his country as a United States Marine between the years of 1974 and 1977; and

Whereas, he attended the University of South Carolina and graduated with a masters degree in political science in 1991; and

Whereas, his love of animals in general and English bulldogs in particular proves beyond doubt that, despite his toughness and tendency to blunt talk, Bruce has a heart of gold and is a loyal and supportive friend to many people, including all of his coworkers in the Senate Finance Committee; and

Whereas, Bruce's love of the political arena and history, in conjunction with his intelligence and insight, have made him a valuable asset to all members of the Senate who know full well that Bruce's no nonsense approach to problem solving means he can be relied upon absolutely; and

Whereas, he is the steadfast type of coworker, friend, and employee you definitely want by your side whether the situation involves a spat between governmental agencies or a terrorist attack; and

Whereas, he has been lured away from the General Assembly by another public entity; and

Whereas, he will be sorely missed not only for his competency as a legislative analyst but also for his Limbaughisque commentary at staff meetings; and

Whereas, he has enjoyed the loving assistance and supervision of his wife, Patty, for many years; and

Whereas, it is appropriate for the members of the South Carolina Senate to pause in their deliberations so that they might collectively express their high regard for this capable man and good friend. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate, by this resolution, express their sincere appreciation and friendship to Bruce Franklin Duke for his dedicated service to the Senate as a senior research analyst for the Senate Finance Committee and wish him well in his future endeavors.

Be it further resolved that a copy of this resolution be presented to Bruce Franklin Duke.

The Senate Resolution was adopted.

S. 1118 (Word version) -- Senators Land and Ryberg: A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE.
l:\council\bills\ggs\22399cm02.doc

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

S. 1119 (Word version) -- Senators Ryberg, Grooms, Alexander, Kuhn and Land: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM UNLESS THE DEPARTMENT HAS GIVEN EXPLICIT AUTHORITY TO A COUNTY OR MUNICIPALITY TO CONSTRUCT AND INSPECT PROJECTS USING THEIR OWN PERSONNEL AND PROVIDE THE METHOD WHEREBY THE TWENTY-FIVE PERCENT REQUIREMENT FOR THE USE OF "C" FUNDS ON THE STATE HIGHWAY SYSTEM IS MET, TO LIMIT THE CARRY FORWARD OF UNEXPENDED FUNDS BY COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, AND GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO AUDIT "C" FUND PROGRAMS OF COUNTIES ADMINISTERING THEIR OWN PROGRAMS AND ENFORCE COMPLIANCE BY WITHHOLDING OF "C" FUND ALLOCATIONS AND FORFEITURE OF ONE-HALF OF ALLOCATIONS.
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Read the first time and referred to the Committee on Finance.

S. 1120 (Word version) -- Senators Ravenel, McConnell, Ford, Mescher, Branton, Grooms, Pinckney and Kuhn: A SENATE RESOLUTION TO CONGRATULATE AMANDA REEVES AND BECKY SMYTH OF CHARLESTON COUNTY EMS UPON BECOMING THE 2001 EMS STATE CHAMPION PARAMEDIC TEAM AND TO COMMEND THESE INDIVIDUALS FOR THEIR OUTSTANDING COMMITMENT TO THEIR COMMUNITY AND STATE AS EMS WORKERS.
l:\s-res\ar\001para.grp.doc

The Senate Resolution was adopted.

S. 1121 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE 85 IN CHEROKEE COUNTY BETWEEN EXITS 90 AND 92 AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF CHEROKEE COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
l:\council\bills\nbd\11342ac02.doc

Introduced and, on motion of Senator PEELER, with unanimous consent, ordered placed on the Calendar without reference.

H. 4830 (Word version) -- Reps. Limehouse, Wilkins, A. Young, Owens, Law, Allison, Bales, Campsen, Cato, Chellis, Cotty, Emory, Fleming, Gilham, Harrell, Koon, Leach, Rice, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, G.M. Smith, Thompson, Vaughn, Stuart, Easterday, Hamilton, Bingham, Carnell, Neilson, Freeman, Cotty, Tripp, Perry, Sharpe, J.R. Smith, R. Brown, Hinson, Breeland, Gourdine, Talley, Taylor, Whipper, Littlejohn, Lucas, Jennings, Barfield, Hayes, Miller, Battle, Meacham-Richardson, Kirsh, G. Brown, Moody-Lawrence, McCraw, Phillips, Cato, D.C. Smith, White, Walker, Townsend, Martin, Kennedy, Huggins, Klauber and McLeod: A BILL TO AMEND CHAPTER 48, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA'S "SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS", SO AS TO RENAME THIS SCHOOL THE "CARROLL A. CAMPBELL, JR., SCHOOL OF SCIENCE AND MATHEMATICS".

In Senator SALEEBY's absence, Senator MOORE asked unanimous consent that the Bill be placed on the Calendar without reference.

Senator MESCHER objected.

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

H. 4895 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING THE MARCHING BAND OF MIDLAND VALLEY HIGH SCHOOL OF AIKEN COUNTY ON BEING

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

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

S. 709 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 14-25-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MUNICIPAL COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; TO AMEND SECTION 18-3-30, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MAGISTRATES COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; AND TO AMEND SECTION 22-3-1000, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT, SO AS TO CLARIFY THAT THE SECTION ONLY APPLIES TO CIVIL MATTERS.

Ordered for consideration tomorrow.

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

H. 4543 (Word version) -- Reps. Barrett, Barfield, Battle, Bingham, Cato, Dantzler, Easterday, Frye, Hamilton, Harrison, Hinson, Kelley, Limehouse, Littlejohn, Loftis, Lourie, Merrill, Sandifer, Sharpe, D.C. Smith, G.M. Smith, J.E. Smith, Stuart, Tripp, Trotter, Walker, Webb, White, Wilkins and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY", A DAY OF RECOGNITION HONORING PUBLIC SAFETY PERSONNEL FOR THE SACRIFICES THEY MAKE DAILY IN THE LINE OF DUTY.

Ordered for consideration tomorrow.

S. 1113 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF

Returned with concurrence.

Received as information.

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

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4702 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 778 OF 1988, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO STAGGER THE TERMS OF MEMBERS OF THE COMMISSION BEGINNING IN 2005.

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

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

H. 4413 (Word version) -- Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W.D. Smith and Bowers: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 740 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

S. 1014 (Word version) -- Senators Hawkins, Grooms, Ravenel, Giese, Branton, Richardson, Peeler, Waldrep, Martin, Verdin, Thomas, Courson and Gregory: A BILL TO AMEND SECTION 44-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

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

Senator PEELER proposed the following amendment (NBD\11394AC02), which was adopted:

Amend the bill, as and if amended, by striking Section 44-37-30(G), in its entirety, page 3, and inserting:

/ (G)   A person who violates this section or fails to comply with the regulations promulgated pursuant to this section or who provides or obtains or otherwise tampers with a blood sample collected pursuant to this section is guilty of a misdemeanor and, upon conviction, must may be fined not more than one hundred fifty thousand dollars or imprisoned for not more than thirty days. Children of parents objecting to tests on religious grounds are not required to receive the tests three years." /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

S. 1061 (Word version) -- Senators Ravenel, Hutto, McConnell and Giese: A BILL TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL

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

Senator GREGORY proposed the following amendment (SWB\5222DJC02), which was adopted:

Amend the bill, as and if amended, Section 50-5-765(B), SECTION 1, page 1, line 38, by striking / subsection (A), / and inserting / item (1) of this subsection, /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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

H. 3663 (Word version) -- Reps. Wilkins and Bowers: A BILL TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.

Senator LEATHERMAN explained the Bill.

S. 1110 (Word version) -- Senators J. Verne Smith, McConnell, Richardson, Leatherman, Courson, Mescher, Grooms, Peeler, Alexander, Ravenel, Ryberg, Branton, Giese, Thomas, Verdin, Martin, Kuhn, Hayes, Hawkins, Fair and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3392 SO AS TO ESTABLISH A REFUNDABLE NURSING HOME TAX CREDIT FOR CERTAIN PRIVATE, NONPROFIT NURSING HOMES AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT IS EQUAL TO THE SAME PERCENTAGE OF THE TOTAL AMOUNT REFUNDABLE AS THE NUMBER OF PATIENT DAYS PROVIDED BY A NURSING HOME TO THE TOTAL NUMBER OF PATIENT DAYS PROVIDED BY ALL ELIGIBLE NURSING HOMES.

On motion of Senator DRUMMOND, with unanimous consent, the name of Senator DRUMMOND was added as a co-sponsor of S. 1110.

S. 870 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX THE GROSS PROCEEDS OF SALES OF ARTICLES OF CLOTHING PURCHASED BY A FOSTER PARENT FOR THE FOSTER PARENT'S FOSTER CHILD, TO PROVIDE THAT CLOTHING QUALIFYING FOR THE EXEMPTION, AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REQUIRE THAT EVIDENCE OF ELIGIBILITY IT DETERMINES NECESSARY FOR THE ADMINISTRATION OF THIS EXEMPTION.

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

The Committee on Finance proposed the following amendment (BBM\10876HTC02), which was adopted:

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

/ SECTION   1.   Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3525.   A foster parent is allowed a credit against the tax imposed pursuant to Section 12-6-510 for purchases of articles of clothing made by the foster parent during the taxable year for the foster parent's foster child. The credit may not exceed twenty-five dollars in a taxable year for each foster child placed with the foster parent. For purposes of this section:

(1)   'article of clothing' includes those items exempted by Section 12-36-2120(57)(a)(i), (ii), and (iii) and as further described in the most recent publication pursuant to Section 12-36-2120(57)(c);

(2)   'foster child' means a child placed with a foster parent by the South Carolina Department of Social Services;

(3)   'foster parent' means a parent licensed by the South Carolina Department of Social Services to care for a foster child placed with the foster parent by that department.

The Department of Revenue may prescribe requirements for that evidence of eligibility that it determines necessary for the administration of this credit."

SECTION   2.   Upon approval by the Governor, this act is effective for taxable years beginning after 2001. /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

S. 999 (Word version) -- Senators Hayes, Martin, Ritchie, Drummond, Land, Setzler, Pinckney: A BILL TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

H. 4736 (Word version) -- Reps. Harvin and J. Young: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

On motion of Senator LAND, H. 4736 was ordered to receive a third reading on Thursday, March 14, 2002.

S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.

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

Senators McCONNELL and LEATHERMAN proposed the following amendment (BBM\10857HTC02), which was adopted:

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

/ SECTION   __.   Funds appropriated pursuant to Part IB, Paragraph 72.111, Act 66 of 2001, the general appropriations act for fiscal year 2001-2002, to the Department of Parks, Recreation and Tourism for Hunley Lab HVAC may also be expended for lab security as the department determines appropriate. /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.

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

Senator THOMAS argued contra to the third reading of the Resolution.

At 2:38 P.M., the PRESIDENT assumed the Chair.

Senator THOMAS argued contra to the third reading of the Resolution.

At 3:28 P.M., Senator McCONNELL assumed the Chair.

Senator THOMAS continued arguing contra to the third reading of the Resolution.

At 3:51 P.M., with Senator THOMAS retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed eight minutes.

At 3:58 P.M., the Senate resumed.

Senator ELLIOTT asked unanimous consent to make a motion that the members of the subcommittee on S. 183 and S. 184 be granted leave to attend a meeting, be counted in any quorum calls, and, if there were any votes, that the members would be contacted and allowed to vote by telephone to the Clerk.

Senator ANDERSON objected.

At 4:01 P.M., with Senator THOMAS retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 4:12 P.M., the Senate resumed.

Senator ELLIOTT asked unanimous consent to make a motion that the members of the subcommittee on S. 183 and S. 184 be granted leave to attend a meeting, be counted in any quorum calls, and, if there were any votes, that the members would be contacted and allowed to vote by telephone to the Clerk.

There was no objection.

At 4:14 P.M., with Senator THOMAS retaining the floor, on motion of Senator HUTTO, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 4:34 P.M., the Senate resumed.

On motion of Senator THOMAS, with unanimous consent, Amendment No. 1 was taken up for immediate consideration.

Senators THOMAS and LEVENTIS proposed the following Amendment No. 1 (131R002.MRH), which was adopted:

Amend the joint resolution, as and if amended, by adding an appropriately numbered new SECTION to read as follows:

/   SECTION __.   If approved by the voters, the General Assembly must set guidelines, including consideration of American Depository Receipts standards, when implementing this amendment in enabling legislation.     /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator LEATHERMAN, the text of the Joint Resolution was ordered printed upon the pages of the Journal as follows:

S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH

"Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations. The appointee of the Governor shall serve as chairman. All persons appointed must possess substantial financial investment experience and no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. The General Assembly shall implement this paragraph by enacting legislation establishing the panel and providing for the terms, duties, and compensation of its members, and which specifically authorizes the investments allowed by this paragraph, and may provide limitations on investments in equity securities as it considers prudent. The panel established by this paragraph shall not exist until it is established in the implementing legislation required pursuant to this paragraph."
SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 16, Article X of the Constitution of this State relating to benefits and funding of public employee pension plans in this State and the equity securities investments allowed for funds of the various state-operated retirement systems be amended so as to delete the restrictions limiting investments in equity securities to those of American-based corporations registered on an American national exchange as provided in the Securities Exchange Act of 1934 or any

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3.   If approved by the voters, the General Assembly must set guidelines, including consideration of American Depository Receipts standards, when implementing this amendment in enabling legislation.

The question then was the third reading of the Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hayes                     Holland
Hutto                     Jackson                   Kuhn
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Thomas                    Verdin                    Waldrep

Having received the necessary vote, the Resolution was read the third time, passed and ordered sent to the House of Representatives.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

H. 3669 (Word version) -- Reps. Bales, Knotts, 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, 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, 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, Witherspoon, A. Young, J. Young and Wilkins: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A STUDENT ELIGIBLE TO RECEIVE SUCH A SCHOLARSHIP WHO CHOOSES TO ATTEND AN OUT-OF-STATE INSTITUTION MAY AGAIN BECOME ELIGIBLE UNDER CERTAIN CONDITIONS, IF HE

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

On motion of Senator MARTIN, debate was interrupted by adjournment.

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert "Bob" Hyman of Rock Hill, S.C.

At 4:38 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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