Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, for all ages Ezekiel tells the vision of the Valley of Dry Bones, Chapter 37:1-14:

"O dry bones, hear the word of the LORD.

Thus says the Lord GOD to these bones:

'I will cause breath to enter you, and you shall live...' "
Let us pray.

Father, perhaps the whole world is a valley of dry bones, people dead from hatred, shame and sin. Some are yearning for the life-saving breath of the Spirit of the Living God. Hear our prayer in the words of Edwin Hatch who lived before and after the Civil War:

"Breathe on me, breath of God.

Fill me with life anew,

That I may love all that You love,

And do what You would do."
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:

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006

1st Congressional District

M. Russell Holliday, Jr., 125 West Highway 501, Galivants Ferry, S.C. 29544

Referred to the Committee on Fish, Game and Forestry.

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006

3rd Congressional District

Julius Lenwood Leary, MD, 106 Liner Drive, Greenwood, S.C. 29646

Referred to the Committee on Fish, Game and Forestry.

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006

6th Congressional District

Ronald Benjamin, 1726-B Lakota Drive, Florence, S.C. 29505

Referred to the General Committee.

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006

1st Congressional District

William Parnell Diggs, Esq., 1700-D Oak Street, Myrtle Beach, S.C. 29577

Referred to the General Committee.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009

Horry

William Herbert Alford, 1004 8th Ave. North Ext., Myrtle Beach, S.C. 29577 VICE Frances B. Gilbert

Referred to the Committee on Judiciary.

Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2002, and to expire June 30, 2006

At-Large

Roosevelt Boyd, Route 2, Box 733, Pinewood, S.C. 29125

Referred to the Committee on Judiciary.

Reappointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2002, and to expire June 30, 2006

4th Congressional District

Jane W. Daniel, 107 East Shallowstone Road, Greer, S.C. 29650

Referred to the Committee on Judiciary.

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2002, and to expire July 27, 2005

4th Congressional District

Elizabeth Carroll Belenchia, Carroll Properties Corp., P.O. Box 2425, Spartanburg, S.C. 29304

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2002, and to expire August 15, 2006

At-Large

Brenda Lee Martin, 1031 Shiloh Rd., Seneca, S.C. 29678

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Advisory Panel for Massage/Bodywork Therapy, with term to commence June 30, 2001, and to expire June 30, 2005

Therapist

April Deanne O'Shields, 106 Clovis Circle, Myrtle Beach, S.C. 29579

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2002, and to expire August 15, 2006

At-Large

Dan J. Rawls, 6 Main Street, Piedmont, S.C. 29673

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Mental Health Commission, with term to commence March 21, 2002, and to expire March 21, 2007

2nd Congressional District

Jean B. Popowski, Esq., 3718 Linwood Road, Columbia, S.C. 29205

Referred to the Committee on Medical Affairs.

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

Document No. 2683
Agency: Board of Education
Subject: Requirements for Trade and Industrial Certification
Received by Lieutenant Governor March 19, 2002
Referred to Education Committee
Legislative Review Expiration July 17, 2002
Subject to Sine Die Revision

Document No. 2709
Agency: Commission on Higher Education
Subject: Nonpublic Postsecondary Institutions
Received by Lieutenant Governor March 14, 2002
Referred to Education Committee
Legislative Review Expiration July 12, 2002
Subject to Sine Die Revision

Document No. 2720
Agency: Department of Health and Environmental Control
Subject: Communicable Diseases
Received by Lieutenant Governor March 19, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration July 17, 2002

Document No. 2726
Agency: Board of Education
Subject: School Incentive Reward Program
Received by Lieutenant Governor March 19, 2002
Referred to Education Committee

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

Document No. 2613
Agency: Board of Education
Subject: Testing Programs (New Title: Assessment Program)
Received by Lieutenant Governor May 2, 2001
Referred to Education Committee
Legislative Review Expiration August 30, 2001
Subject to Sine Die Revision
Revised April 17, 2002
Revised April 24, 2002
House Committee requested withdrawal January 30, 2002
120 Day Period Tolled
Withdrawn and Resubmitted February 15, 2002
House Committee Requested Withdrawal March 11, 2002
120 Day Period Tolled
Withdrawn and Resubmitted March 18, 2002

Document No. 2679
Agency: Board of Education
Subject: Summer Programs
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Revised May 20, 2002
Referred to Senate Education Committee January 15, 2002
Referred to House Education and Public Works Committee
January 15, 2002
House Committee Requested Withdrawal March 11, 2002
120 Day Period Tolled
Withdrawn and Resubmitted March 18, 2002

Document No. 2682
Agency: Board of Education
Subject: Requirements for Initial Certification at the Advanced Level
Received by Lieutenant Governor January 14, 2002

Senator J. VERNE SMITH introduced Dr. Hal Shaw of Greenville, S.C., Doctor of the Day.

Senator LEVENTIS rose for an Expression of Personal Interest.

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.

Senator LEVENTIS asked unanimous consent to make a motion to request the return of the Bill from the House of Representatives.

Senator LEATHERMAN objected.

S. 951 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-325 SO AS TO PROVIDE A SPECIAL MILLAGE LIMITATION IN CERTAIN COUNTIES IMPLEMENTING COUNTYWIDE REASSESSMENT IN 2001 AND PROVIDE FOR A MILLAGE REDUCTION WHEN THE LIMIT IS EXCEEDED.

Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Greenville County Delegation.

There was no objection.

The Bill was recalled from the delegation.

Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

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

There was no objection.

The Bill was given a second reading and ordered placed on the third reading Calendar.

On motion of Senator THOMAS, with unanimous consent, S. 951 was ordered to receive a third reading on Wednesday, March 20, 2002.

S. 1106 (Word version) -- Senators Waldrep, Alexander, O'Dell, Hutto, Moore, Setzler, Ravenel and Ford: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, SO AS TO ENACT THE "SAVANNAH RIVER BASIN COMPACT" TO ESTABLISH THE FRAMEWORK FOR A MULTIPURPOSE PLAN TO BE ENTERED INTO BY SOUTH CAROLINA AND GEORGIA AND THE FEDERAL GOVERNMENT FOR THE CONSERVATION, UTILIZATION, DEVELOPMENT, MANAGEMENT, AND CONTROL OF THE WATER AND RELATED RESOURCES OF THE SAVANNAH RIVER BASIN; TO ESTABLISH THE SAVANNAH RIVER BASIN COMMISSION AND TO PROVIDE FOR ITS POWERS AND DUTIES, AMONG OTHER THINGS, TO OVERSEE THE USE OF THE WATER SUPPLY, POLLUTION CONTROL, FLOOD PROTECTION, WATERSHED

On motion of Senator RYBERG, with unanimous consent, the names of Senators RYBERG and RICHARDSON were added as co-sponsors of S. 1106.

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

H. 3598 (Word version) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J.H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young, Wilder, Hinson and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

Ordered for consideration tomorrow.

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

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

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

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

H. 4013 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INSURED WORKER" UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT THIS TERM IS DEPENDENT UPON PAYMENT OF WAGES IN AT LEAST TWO QUARTERS RATHER THAN UPON THE AMOUNT OF WAGES PAID IN A SPECIFIED PERIOD; TO AMEND SECTION 41-27-370, AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYED", SO AS TO PROVIDE THAT IF AN INDIVIDUAL HAS MADE ANY CONTRIBUTIONS TO A RETIREMENT OR OTHER TYPE PLAN THERE MUST NOT BE A REDUCTION IN THE WEEKLY BENEFIT AMOUNT PAYABLE TO THE INDIVIDUAL; TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT BENEFIT PAYMENTS WHICH MAY NOT BE CHARGED TO A FORMER EMPLOYER, SO AS TO CLARIFY THAT SUCH PAYMENTS MAY NOT BE CHARGED IF THE PERSON LEFT EMPLOYMENT FOR GOOD CAUSE NOT CONNECTED WITH THE EMPLOYMENT; TO AMEND SECTION 41-41-20, RELATING TO THE SUSPENSION OF BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN

S. 42 (Word version) -- Senators J. Verne Smith, Giese, Branton and Reese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.

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 (S-42 AMENDMENT), which was adopted:

Amend the bill, as and if amended, by striking Section 40-81-20 and inserting:

/ Section 40-81-20.   For the purpose of this chapter:
(1) 'Admissions' means the amount paid for seats to witness an event or exhibition or any fee charged for presenting or showing an event or exhibition including, but not be limited to, complimentary tickets given in exchange for services. This term does not include admission for contestants, officials, representatives of the commission, and the media.
(2) 'Administrator' means the individual whom the Director of the Department of Labor, Licensing and Regulation appoints to administer the State Athletic Commission program.
(3) 'Announcer' means any person who is licensed by the commission and is designated by the promoter to introduce the participants and provide information to the public at the event or exhibition.

(a) by contract with a person undertakes or has undertaken to represent in any way the interest in which a contestant is to participate

(b) directs or controls the professional activities of a contestant;

(c) receives or is entitled to receive a share of the gross purse or gross income of an event or exhibition;
(20) 'Matchmaker' means a person who undertakes to obtain agreements between managers or contestants, or both, for the purpose of securing contestants for a boxing event or exhibition regulated by the State Athletic Commission.
(21) 'Official' means the judges, referees, timekeepers, and other persons assigned by the administrator and necessary to conduct an event or exhibition.
(22) 'Participant' means a person who acts as a promoter, boxer, wrestler, judge, referee, manager, contestant, trainer, second, timekeeper, announcer, or matchmaker in connection with an event or exhibition regulated by the State Athletic Commission.
(23) 'Permit' means the written approval given, upon application, by the commission to a promoter to hold and conduct an event or exhibition regulated by the State Athletic Commission at a specific time, date, and location.
(24) 'Person' means an individual, group of individuals, business, corporation, partnership, association, or collective entity.
(25) 'Physician' means a person licensed to practice medicine or osteopathy in this State.
(26) 'Professional kick boxer' means any form of competition in which a person delivers blows with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot, and the person is compensated with anything of value.
(27) 'Promoter' means a person, club, corporation, organization, or association which promotes, advertises, presents, conducts, holds, shows, or gives a boxing, kick boxing, or wrestling event or exhibition in this State.
(28) 'Promoter's representative' means a person who is designated in writing by the promoter to ensure compliance with this chapter and who has binding authority for all promoters.
(29) 'Purse' means the total amount paid by a promoter to the contestants and officials for participating in an event or exhibition.
(30) 'Ringside physician' is the physician responsible for examining the contestant before, during, and after each event or exhibition and who is present at ringside for the entire event or exhibition.

Amend further, page 5, Section 40-81-50, by striking line 12 and inserting:

/Governor with the advice and consent of the Senate to regulate boxing, kick boxing, wrestling, and other/

Amend further, page 5, Section 40-81-60, by striking lines 36-40 and inserting:

/Section 40-81-60. (A) The commission shall annually elect a chairman and other officers the commission may designate./

Amend further, page 6, Section 40-81-70, by striking line 8 and inserting:

/(3) promulgate an appropriate code of professional ethics;/

Amend further, page 6, Section 40-81-70, by striking lines 17-18 and inserting:

/designate the department representative at an event or exhibition.

(C) The department representative shall supervise events and/

Amend further, page 6, Section 40-81-70, by striking line 21 and inserting:

/(1) issuing licenses to contestants and participants according to the/

Amend further, page 6, Section 40-81-70, by striking lines 26-27 and inserting:

/(D) The commission designee in conjunction with the department representative shall review the/

Amend further, page 7, Section 40-81-120, by striking lines 16-17 and inserting:

/each violation./

Amend further, page 8, Section 40-81-200 by striking line 34 and inserting:

/than one thousand dollars or imprisoned for not more than two years,/

Amend further, page 9, by striking Section 40-81-250 and inserting:

/Section 40-81-250. (A) In addition to the requirements of this chapter, all boxing events or exhibitions must be conducted in accordance with all applicable federal statutes and regulations including, but not limited to, 15 U.S.C. Section 6301 et seq.

(B) No boxing bout shall be more than twelve rounds in length./

Amend further, page 10, after line 35, by adding a new section to read:

/Section 40-81-265. In order to be licensed as a contestant in a toughman contest or off the street boxing, an applicant:

(1)   shall be between the ages of 18 and 35;

(2)   must not be now or have ever been licensed in any state or jurisdiction as a professional boxer. The promoter shall provide to the commission the Association of Boxing Commission's approved registry of fight records on all participants that indicate they are not nor have they ever been licensed in any state or jurisdiction as a professional boxer;

(3)   shall submit a completed application with payment of the prescribed fee;

(4)   shall submit documentation, on a commission approved form, that the applicant has undergone a comprehensive medical examination by a licensed physician subsequent to his last toughman or off the street boxing match and not more than fifteen days before an event or exhibition in this State in which he plans or proposes to participate or compete. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The

(5)   involved in off the street boxing tournaments shall be required to undergo an ophthalmology examination if he or she indicates on the application he or she has been knocked out in the last twelve (12) months./

Amend further, page 14, after line 41, by adding a new section to read:

/Section 40-81-425. In addition to the requirements of Section 40-8-420, in order to be issued an event or exhibition permit for a toughman contest or off the street boxing, a promoter currently licensed in this State shall assure that:

(1)   kicking shall not be permitted in off the street boxing;

(2)   no boxer shall participate in more than four (4) bouts in the same calendar day or on successive days without specific approval of the duly authorized department representative. The ringside physician must check and record a boxer's blood pressure prior to each fight;

(3)   no one shall be allowed to be licensed or participate in an off the street boxing tournament if they are now or have ever been licensed in any state or jurisdiction as a professional boxer. The promoter shall provide to the commission the Association of Boxing Commission's approved registry of fight records on all participants that indicate they are not nor have they ever been licensed in any state or jurisdiction as a professional boxer;

(4)   each bout shall be limited to three (3) one-minute rounds;

(5)   weight classes shall be as specified as follows:

A.     Class I: 130 - 152 pounds;

B.     Class II: 153 pounds - 175 pounds;

C.     Class III: 176 pounds - 199 pounds;

D.     Class IV: Super heavyweight - over 200 hundred pounds;

(6)   neutral corner men assigned by the promoter and approved in advance by a department representative shall work a particular corner and shall remain in that corner throughout the event;

(7)   the corner men must use clean towels and clean mouthpieces for each bout;

(8)   gloves of minimum weight of sixteen (16) ounces, to be provided by the promoter, are required;

(9)   all equipment must be inspected and approved by the department representative. All contestants must wear approved headgear and a protective athletic cup;

(10)   no off the street boxing tournament shall be longer than two (2) consecutive twenty-four (24) hour periods;

(11)   no person who has participated in professional boxing or kickboxing including trainers and sparring partners, shall enter an off the street boxing tournament;

(12)   in lieu of an accident policy and medical insurance policy, the promoter may provide a surety bond to the commission in the amount of ten thousand ($10,000.00) dollars. Such bond is to guarantee that the promoter pay for medical treatment for injuries received by participants and a payment of ten thousand ($10,000.00) dollars to the participant's heirs at law in the event of the participant's death. In addition, the promoter must provide to the commission a separate bond that is equal to the aggregate amount of the entire purse of the event and salary of all officials to include the ringside physician.

Amend further, page 15, Section 40-81-440, by striking lines 22-23 and inserting:

/granted, are subject to a late fee of not less than twenty-five dollars or more than one hundred dollars per day./

Amend further, page 15, Section 40-81-450, by striking line 25 and inserting:

/Section 40-81-450. (A) The department representative may/

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.

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

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 (S-675 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 2, Section 31-6-30(6), by striking line 9 and inserting:

/redevelopment project area and the project area is located within the municipal limits./

Renumber sections to conform.

Amend title to conform.

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.

H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE

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 (H-4014 AMENDMENT), which was adopted:

Amend the bill, as and if amended, Section 41-29-120, page 2, after line 35 by adding:

/(C) As used in this section, 'employing unit' means those entities employing more than twenty individuals./

Amend further, Section 41-35-660, page 4, by striking line 39 and inserting:

/decision disallowing benefits shall not be recovered from any/

Amend further, Section 41-35-750, page 6, by striking line 17 and inserting:

/no event shall a petition for judicial review act as a/

Renumber sections to conform.

Amend title to conform.

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.

S. 1111 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 2002, AND FRIDAY, JUNE 14, 2002.

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

H. 4866 (Word version) -- Reps. Allison and Vaughn: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 10, 2002, "MISS SOUTH CAROLINA DAY AT THE CAPITOL" IN RECOGNITION OF THE BEAUTY, GRACE, AND TALENT OF MISS SOUTH CAROLINA 2001, JEANNA RANEY OF INMAN.

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

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.

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

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

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 TRANSFERS TO A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.

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

Senator SETZLER proposed the following Amendment No. P-1 (3669R001.NGS), which was adopted:

Amend the committee amendment to H.3669, page 2, by deleting lines 4 - 17 and inserting in lieu thereof:

/   "Any student that, as a senior in high school, received a Palmetto Fellows Scholarship award but declined the scholarship may be eligible to reapply for the annual scholarship if he transfers to a South Carolina public senior institution of higher learning as defined in Section 59-103-5 after attending an out-of-state senior higher education institution if the following criteria are met:

(1)   a minimum 3.0 cumulative grade point average on a 4.0 scale; and

(2)   a minimum of thirty credit hours earned each academic year after graduation from high school.

The annual award of these scholarship funds shall be based on the availability of funds after all eligible high school seniors and continuing Palmetto Fellows have been awarded a scholarship. The number of semesters or academic years a student attended an out-of-state institution are to be deducted from the number of semesters or academic years a student is eligible for the scholarship."     /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

The Committee on Education proposed the following amendment (NBD\11664AC01), which was adopted:

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

/SECTION   1.   Section 59-104-20 of the 1976 Code, as last amended by Act 289 of 2000, is further amended by adding at the end:

"If a student as a senior in high school was eligible to receive a Palmetto Fellows Scholarship but declined the scholarship and chose to attend an out-of-state college or university, he again becomes eligible if he transfers to a public senior institution of higher learning as defined in Section 59-103-5 following the immediate academic year after his freshman year at the out-of-state senior higher education institution and if he achieved at least a 3.0 cumulative grade point average on a 4.0 scale for a minimum of thirty credit hours during his freshman academic year, and provided that scholarship funds are available after all applicants for that year have been awarded a scholarship. The student may be eligible to receive the scholarship for the remaining

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator GIESE explained the committee amendment.

The committee amendment was adopted.

Senators RITCHIE, LEATHERMAN and MARTIN proposed the following Amendment No. 1 (NBD\11418AC02), which was laid on the table:

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

/SECTION   __.   Section 59-143-30 of the 1976 Code, as added by Part II, Section 20(C) of Act 458 of 1996 is further amended to read:

"Section 59-143-30.   (1) Of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission.

(2) The allocation each year to students at the South Carolina independent colleges under item (1) above shall be used to provide tuition grants under Chapter 113 of Title 59 of the 1976 Code, and Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act. Of the funds allocated to independent college students, fifty percent shall be awarded for South Carolina Tuition Grants and fifty percent shall be awarded under the Palmetto Fellows Program. The funds allocated for South Carolina Tuition Grants to South Carolina independent colleges students under this subsection shall be included in the annual appropriation to the

(3) Independent colleges for purposes of this subsection means those institutions eligible to participate in the South Carolina Tuition Grants Program as defined by Section 59-113-50.

(4) Public institutions shall receive the remaining allocation each year of the funds made available for higher education scholarship grants under Section 59-143-10. One-half shall be used to provide higher education need-based grants as provided for in this act or otherwise provided for in state law, and one-half shall be used to provide Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act.

(5) The maximum amount of funding provided for awards to students attending South Carolina independent colleges from the Children's Education Endowment Fund for South Carolina Tuition Grants and Palmetto Fellows scholarships shall not exceed the percentage funding calculation described under item (1) above.

(A)   Of the funds made available for higher education scholarship grants from the higher education scholarship grants allocation under Section 59-143-10 for any year, the Commission on Higher Education shall receive an annual allocation of which fifty percent must be allocated for need-based grants and fifty percent must be allocated for Palmetto Fellows Scholarships.

(B)(1)   Of the allocation each year for need-based grants, a percentage must be allocated for students attending South Carolina independent colleges and public colleges.

(2)   For students attending independent colleges, this percentage must be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education in consultation with the South Carolina Higher Education Tuition Grants Commission.

(3)   Funds allocated for need-based grants to South Carolina independent college students under this subsection must be included in

(4)   'Independent colleges' for purposes of this subsection means those institutions eligible to participate in the Higher Education Tuition Grant Program as defined by Section 59-113-50.

(5)   Public institutions shall receive the remaining percentage of the allocation each year from the funds made available for need-based grants under Section 59-143-10.

(C)(1)   Of the allocation each year for Palmetto Fellows Scholarships, a percentage must be allocated for students attending South Carolina independent colleges and public colleges.

(2)   For students attending independent colleges, this percentage must be equivalent to the percentage for the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all four-year public and independent institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education in consultation with the South Carolina Higher Education Tuition Grants Commission. Any funds not awarded pursuant to this subsection must be made available to eligible students attending public institutions.

(3)   Public institutions shall receive the remaining percentage of the allocation each year from the funds made available for Palmetto Fellows Scholarships under Section 59-143-10."/

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

Senator SETZLER raised a Point of Order under Rule 26E that no fiscal impact statement was attached to the Bill prior to second reading.

The PRESIDENT stated that there was a fiscal impact statement.

On motion of Senator SETZLER, with unanimous consent, the Point of Order was withdrawn.

Senator RITCHIE continued explaining the amendment.

Senator RITCHIE moved that the amendment be adopted.

Senator SETZLER moved to lay the amendment on the table.

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

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Kuhn                      Land                      Leventis
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Peeler                    Pinckney                  Ravenel
Reese                     Setzler                   Short
Thomas

Hawkins                   Leatherman                Martin
Richardson                Ritchie                   Ryberg
Verdin                    Waldrep

The amendment was tabled.

The question then was the second reading of the Bill.

Senator HUTTO moved to recommit the Bill to the Committee on Education.

On motion of Senator HUTTO, with unanimous consent, the motion to recommit the Bill was withdrawn.

The question then was the second reading of the Bill.

The Bill was read the second time, passed and ordered to a third reading.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 937 (Word version) -- Senators Leatherman, Short, Setzler, Alexander and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41, TITLE 2, RELATING TO THE TAX STUDY COMMISSION, SO AS TO CREATE A JOINT COMMITTEE ON TAXATION.

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

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

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Sue Rawl Wingard of Lexington, S.C.

At 1:10 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P .M.

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