Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 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, hear St. Luke, Chapter 10:30ff.:

"A man was going down from Jerusalem to Jericho, and fell into the hands of robbers, who stripped him, beat him, and went away leaving him half dead... But a Samaritan saw him... and... he was moved with pity."
Let us pray.

Father, in the Scriptures You have given us a vision of the Holy City to which the nations of the world bring their praises.

Help us in our sinful world to eliminate poverty, and all the misery that it brings, that we may live peaceful lives.

Help us in our budget to remember those who are not able to come to plead their cause.

Help us to share the good things of our earth with each other and, with each and all, find the fulfillment of our humanity -- here -- in this place!
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, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006

5th Congressional District

Lynn Mann Hornsby, 608 Warrington Place, Rock Hill, S.C. 29732

Referred to the General Committee.

Initial Appointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 2002, and to expire June 30, 2006

Barber

Paul Elliott Robinson, Jr., 811 Whittaker Parkway, Orangeburg, S.C. 29115 VICE Napoleon Rogers

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Board of Real Estate Appraisers, with term to commence May 30, 2002, and to expire May 30, 2005

Appraiser - General

Carlton H. Segars, Jr., Segars and Associates, 1713 Bradley Dr., Columbia, S.C. 29204

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2002, and to expire June 30, 2006

5th Congressional District

Derrick G. Williams, P. O. Box 977, Lancaster, S.C. 29721

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, State Board of Pharmacy, with term coterminous with Governor

At-Large

David Merz Banks, R. Ph., CVS Pharmacy, 315 West Butler Rd., Mauldin, S.C. 29662 VICE Hubert F. Mobley

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Hearing Aid Specialists, with term to commence September 30, 1999, and to expire September 30, 2003

Public

Bobby R. Burgin, 288 Sizemore Rd, Gaffney, S.C. 29340 VICE Jim E. Loughlin

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 2002, and to expire June 9, 2005

Nursing Home Administrator

David Benjamin Buckshorn, Wesley Commons, 1110 Marshall Rd., Greenwood, S.C. 29646

Referred to the Committee on Medical Affairs.

Reappointment, Scenic Highways Committee, with term to commence July 14, 2002, and to expire July 14, 2004

Outdoor Advertising

Glynn Furman Willis, Adams Outdoor Advertising, 2088 North Irby St. Florence, S.C. 29505

Referred to the Committee on Transportation.

Reappointment, Allendale County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Walter G. Griffin, Jr., P. O. Box 74, Allendale, S.C. 29810

Reappointment, Allendale County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Carl McKenzie Love, P. O. Box 1133, Fairfax, S.C. 29827

Initial Appointment, Calhoun County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Ethel Cloud Wright, 86 Calhoun Rd., St. Matthews, S.C. 29135 VICE Freemon Thomas

Reappointment, Dillon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. James F. Rogers, P. O. Box 187, Lake View, S.C. 29563

Reappointment, Dillon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Charles D. Spivey, P. O. Box 272, Lake View, S.C. 29563

Reappointment, Marion County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Regina G. Bristow, P. O. Box 991, Mullins, S.C. 29574

Reappointment, Marion County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Levone Graves, 529 Faulk Rd, Marion, S.C. 29571

Reappointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Dale F. Dalton, P. O. Box 65, Liberty, S.C. 29657

Reappointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Earnest David Forrest, Sr., 202 Wellington Road, Easley, S.C. 29642

Reappointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. James Edward King, 216 L. E. C. Rd, Pickens, S.C. 29671

Reappointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. John B. Robinson, Jr., 997 Old Seneca Rd, Central, S.C. 29630-4107

Senator McCONNELL introduced Dr. Marc D. New of North Charleston, S.C., Doctor of the Day.

At 3:20 P.M., Senator McGILL requested a leave of absence beginning at 6:00 P.M. Thursday, April 25, 2002, and lasting until 9:00 A.M. Friday, April 26, 2002.

At 3:20 P.M., Senator RANKIN requested a leave of absence beginning at 6:00 P.M. Thursday, April 25, 2002, and lasting until 9:00 A.M. Friday, April 26, 2002.

At 3:20 P.M., Senator RITCHIE requested a leave of absence from 3:00 P.M.-12:00 Midnight Friday, April 26, 2002.

At 3:22 P.M., Senator O'DELL requested a leave of absence from 6:00 A.M.-9:00 P.M. on Thursday, April 25, 2002.

At 3:22 P.M., Senator VERDIN requested a leave of absence from 6:00-11:00 A.M. on Saturday, April 27, 2002.

At 3:25 P.M., Senator RYBERG requested a leave of absence beginning at 8:00 P.M. Thursday, April 25, 2002, and lasting until 8:00 A.M. Friday, April 26, 2002.

At 4:20 P.M., Senator J. VERNE SMITH requested a leave of absence beginning at 10:00 P.M. Thursday, April 25, 2002, and lasting until 10:00 A.M. Friday, April 26, 2002.

At 4:30 P.M., Senator JACKSON requested a leave of absence beginning at 3:00 P.M. Thursday, April 25, 2002, and lasting until Noon on Monday, April 29, 2002.

At 4:30 P.M., Senator ANDERSON requested a leave of absence beginning at 3:00 P.M. Thursday, April 25, 2002, and lasting until 9:00 A.M. on Monday, April 29, 2002.

At 3:22 P.M., Senator RYBERG requested a leave of absence from 6:00-12:00 Noon on Saturday, April 27, 2002.

On motion of Senator FORD, at 6:45 P.M., Senator GLOVER was granted a leave of absence from 6:00-10:00 P.M. today.

H. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J.R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.

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

There was no objection.

The Resolution was recalled from the committee.

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

On motion of Senator GIESE, with unanimous consent, the Joint Resolution was committed to the Committee on Finance.

There was no objection.

The Resolution was recalled and committed to the Committee on Finance.

H. 4406 (Word version) -- Reps. Merrill and Hinson: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT THE BERKELEY COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE ITS COUNTY BOARD OF SOCIAL SERVICES AND TO DELETE THE PROVISION WHEREBY APPOINTMENTS TO THE BOARD OF THE BERKELEY COUNTY DEPARTMENT OF SOCIAL SERVICES ARE MADE PURSUANT TO ACT 159 OF 1995 WHICH

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

There was no objection.

The Bill was recalled from the Committee and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
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Read the first time and referred to the Committee on Education.

S. 1247 (Word version) -- Senator Grooms: A BILL TO DEVOLVE THE AUTHORITY TO MAKE APPOINTMENTS OR RECOMMENDATIONS TO CERTAIN OFFICES, BOARDS, AND COMMISSIONS AFFECTING ONLY COLLETON COUNTY WHICH ARE MADE BY OR UPON RECOMMENDATION OF THE HOUSE DELEGATION, SENATE DELEGATION, OR JOINT LEGISLATIVE DELEGATION OF COLLETON COUNTY TO THE GOVERNING BODY OF COLLETON COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1248 (Word version) -- Senator Pinckney: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA CLEAN ELECTIONS ACT", TO PROVIDE A PROCEDURE BY WHICH CERTAIN CANDIDATES FOR OFFICE WHO AGREE TO LIMITATIONS ON CONTRIBUTIONS TO RECEIVE A PREDETERMINED AMOUNT OF PUBLIC FUNDS FOR CAMPAIGNS AND REQUIRE ELECTRONIC DISCLOSURES FOR

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

S. 1249 (Word version) -- Senators Short and Fair: A BILL TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.
l:\s-jud\bills\short\jud0119.lhs.doc

Senator SHORT spoke on the Bill.

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

H. 4435 (Word version) -- Reps. Robinson, Altman and Whipper: A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS, SO AS

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

H. 5148 (Word version) -- Rep. Kirsh: A BILL TO ALLOW THE BOARD OF TRUSTEES OF CLOVER SCHOOL DISTRICT TWO IN YORK COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT FOR THE PURPOSE OF REIMBURSING THE DISTRICT'S GENERAL FUND FOR CAPITAL EXPENDITURES MADE FROM THAT FUND IN PRIOR YEARS AND TO REQUIRE THESE BONDS TO MATURE IN NO MORE THAN FIVE YEARS.

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

On motion of Senator HAYES, H. 5148 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5160 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON APRIL 12, 2002, BY THE STUDENTS OF GRANARD MIDDLE SCHOOL IN THE CHEROKEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 5166 (Word version) -- Reps. J.E. Smith, 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,

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

H. 5167 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION TO COMMEND CHARLIE THOMAS WALKER OF WILLIAMSBURG COUNTY FOR HIS MANY YEARS AND ACCOMPLISHMENTS AS A RADIO BROADCASTER IN SOUTH CAROLINA AND EXPRESS SINCERE APPRECIATION FOR HIS OUTSTANDING EFFORTS TO ENTERTAIN AND INFORM THE PEOPLE OF THIS STATE.

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

H. 5170 (Word version) -- Reps. White, Cooper, Martin, Stille, Thompson, Townsend: A CONCURRENT RESOLUTION CONGRATULATING THE ANDERSON COUNTY SOIL AND WATER CONSERVATION DISTRICT ON RECEIVING THE "SOUTH CAROLINA CONSERVATION DISTRICT OF THE YEAR AWARD".

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

H. 5171 (Word version) -- Reps. White and Martin: A CONCURRENT RESOLUTION TO COMMEND MRS. NANCY MCCANNON OF ANDERSON COUNTY FOR HER OUTSTANDING WORK IN THE FIELD OF AGRIBUSINESS AND TO CONGRATULATE HER ON WINNING THE 2002 PIEDMONT REGION AGRIBUSINESS AWARD.

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

H. 5176 (Word version) -- Rep. W. D. Smiht: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OVERWHELMING GENEROSITY OF THE MEMBERS OF THE EPISCOPAL CHURCH OF THE ADVENT IN SPARTANBURG WHO TRAVELED TO NEW YORK CITY AND DEDICATED THEIR TIME AND RESOURCES AT ST. PAUL'S CHAPEL AT GROUND ZERO TO HELP THE RESCUE WORKERS AFTER THE SEPTEMBER 11 ATTACKS ON THE WORLD TRADE CENTER.

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

H. 5177 (Word version) -- Rep. Sinclair: A CONCURRENT RESOLUTION TO CONGRATULATE YOUNG ORATOR, WORDSMITH, AND STORYTELLER, RIXON LANE OF WOODRUFF, FOR HIS FIRST PLACE FINISH AT THE NATIONAL STORYTELLING YOUTH OLYMPICS IN CALIFORNIA IN APRIL AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

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

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

S. 873 (Word version) -- Senators Glover, Ford, McGill, Anderson, Patterson, O'Dell, Hutto, Land, Short, Holland, Leventis and Moore: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; TO AMEND SECTION 12-24-90, RELATING TO THE CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY'S PORTION OF THE DOCUMENTARY STAMP FEE.

Ordered for consideration tomorrow.

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

S. 934 (Word version) -- Senator Hayes: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.

Ordered for consideration tomorrow.

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

S. 957 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 23-6-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF, FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY'S MOTOR VEHICLE DIVISION, SO AS TO PROVIDE THAT THE MOTOR VEHICLE DIVISION MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR BUSINESSES TO PROVIDE MOTOR VEHICLE REGISTRATION AND TITLING SERVICES.

Ordered for consideration tomorrow.

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

S. 970 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF NONPROFIT CHILDREN'S ADVOCACY CENTERS THROUGHOUT THE STATE.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out S. 980 favorable:

S. 980 (Word version) -- Senators Bauer and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

Mescher                   Holland                   Land
Thomas                    McGill                    O'Dell
Hayes                     Elliott                   Martin
Ryberg                    Alexander                 Richardson
Hawkins                   Kuhn

Drummond                  Patterson

Ordered for consideration tomorrow.

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

S. 1023 (Word version) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO PROVIDE THAT THESE PERSONS ARE NOT REQUIRED TO SIGN, BUT SHALL COMPLETE AND EXECUTE THE MEDICAL CERTIFICATION

Ordered for consideration tomorrow.

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

S. 1191 (Word version) -- Senators Elliott, McConnell and Rankin: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, BY ADDING CHAPTER 11, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA HEREBY DELEGATES ITS AUTHORITY GRANTED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING CRUISES PURSUANT TO THE JOHNSON ACT OF 1992, (15 U.S.C. 1175, ET SEQ.) TO COUNTY AND MUNICIPAL GOVERNMENTS; TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED PURSUANT TO THE JOHNSON ACT; TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY ONLY ASSESS CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO PROVIDE THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation polled out S. 1196 favorable:

S. 1196 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.

Ryberg                    Leatherman                McGill
Rankin                    Grooms                    Richardson
Hawkins                   Drummond                  Pinckney
Land                      Leventis                  Elliott
Short                     Bauer                     Ritchie
Verdin                    Ravenel

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 1226 (Word version) -- Senator Land: A BILL TO REPEAL SECTION 50-11-1280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9.

Ordered for consideration tomorrow.

Senator LAND 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 adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Senator LAND asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

There was no objection.

The Bill was read the second time with notice of general amendments and ordered placed on the third reading Calendar for consideration tomorrow.

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

H. 3668 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.

Ordered for consideration tomorrow.

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

H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.

Ordered for consideration tomorrow.

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

H. 3812 (Word version) -- Rep. Harrison: A BILL TO REPEAL SECTION 40-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES COLLECTED BY THE SOUTH CAROLINA STATE BAR.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation polled out H. 4412 favorable:

H. 4412 (Word version) -- Reps. Scarborough, Altman, Coates and Campsen: 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 94, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE.

Ryberg                    Leatherman                McGill
Rankin                    Grooms                    Richardson
Hawkins                   Drummond                  Pinckney
Land                      Leventis                  Elliott
Short                     Bauer                     Ritchie
Verdin                    Ravenel

Ordered for consideration tomorrow.

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

H. 4656 (Word version) -- Rep. F.N. Smith: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED-TWENTY DAYS AFTER THE FILING.

Ordered for consideration tomorrow.

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

H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J.H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D.C. Smith, J.E. Smith, J.R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation polled out H. 4960 favorable:

H. 4960 (Word version) -- Reps. J. Young, G.M. Smith, G. Brown, J.H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME A PORTION OF MCCRAY'S MILL ROAD IN SUMTER COUNTY THE "JOHN M. MAHON HIGHWAY" IN RECOGNITION OF JOHN M. MAHON, A DISTINGUISHED CITIZEN OF SUMTER COUNTY

Ryberg                    Leatherman                McGill
Rankin                    Grooms                    Richardson
Hawkins                   Drummond                  Pinckney
Land                      Leventis                  Elliott
Short                     Bauer                     Ritchie
Verdin                    Ravenel

Ordered for consideration tomorrow.

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

An invitation from the SC SPEECH, LANGUAGE, AND HEARING ASSOCIATION to attend a breakfast and hearing screening in Room 221 Blatt Bldg. on Wednesday, May 1, 2002, from 8:00 until 10:00 A.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

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

An invitation from the SC POULTRY FEDERATION to attend a reception at the Clarion Town House on Wednesday, May 1, 2002, from 6:00 until 7:30 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep

Alexander                 Bauer                     Peeler
Elliott                   Kuhn

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

An invitation from the SC ASTHMA PLANNING ALLIANCE to attend a pick-up breakfast on the State House grounds on Wednesday, May 8, 2002, from 8:00 until 11:00 A.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

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

An invitation from the ALLTEL to attend an ice cream social on the State House grounds on Wednesday, May 8, 2002, from 11:30 A.M. until 2:00 P.M.

Courson                   Matthews                  Patterson

O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

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

An invitation from the SC SCHOOL FOOD SERVICE ASSOCIATION to attend a breakfast drop-in located in Room 221 Blatt Bldg. on Thursday, May 9, 2002, from 8:30 until 10:00 A.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

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

An invitation from BLUE CROSS AND BLUE SHIELD OF SC to attend a picnic supper and softball game at the Capital City Bombers Stadium on Wednesday, May 22, 2002, from 6:30 until 9:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

Columbia, S.C., April 24, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER

Received as information.

S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.

On motion of Senator MARTIN, the Senate insisted upon its amendments to S. 322 and asked for a Committee of Conference.

Whereupon, Senators MARTIN, WALDREP and HUTTO were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., April 24, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Received as information.

Columbia, S.C., April 24, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4680 (Word version) -- Reps. Talley and Lourie: 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 THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA TECHNOLOGY

Received as information.

The PRESIDENT appointed Senators DRUMMOND, MOORE, HAYES, RANKIN and RAVENEL to escort the recipients of the 2002 Jean Laney Harris Folk Heritage Awards and members of their party to the Hall of the House of Representatives for the Joint Assembly.

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 4946 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 24, 2002, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The PRESIDENT appointed Senators DRUMMOND, MOORE, HAYES, RANKIN and RAVENEL to the Escort Committee on behalf of the Senate.

The Speaker appointed Representatives Simrill, Mack, Carnell, J. R. Smith and Witherspoon to the Escort Committee on behalf of the House of Representatives.

The Escort Committees of the Senate and House accompanied the winners of the 2002 Jean Laney Harris Folk Heritage Award and the members of the 2002 Jean Laney Harris Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.

The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates by the PRESIDENT honoring their respective talents.

The winners entertained the members of the Joint Assembly: The Together as One Hymn Choir of York County entertained the members with some spirituals and songs; Mr. Neil Cost of Greenwood, known as "The Stradivarius of Turkey" and the "King of the Box Call", (who was unable to attend due to illness); Mr. James Brown of Aiken, known as the "Godfather of Soul", (who was also unable to attend because he was out of the country); Ms. Harriett Bailem Brown of Mount Pleasant displayed her works as a sweet grass basket weaver; and Mr. Jennings Chestnut of Conway, master builder of mandolins, banjos, violins and guitars, displayed one of his crafted instruments.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:36 P.M., by prior motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business until 3:00 P.M.

The Senate reassembled, at 3:07 P.M., and was called to order by the PRESIDENT Pro Tempore.

S. 1123 (Word version) -- Senators Mescher and Kuhn: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL CONSIST OF NINE MEMBERS WHO SHALL BE ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2002, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS.

The House returned the Bill with amendments.

On motion of Senator MESCHER, 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.

Senator GROOMS desired to be recorded as voting against concurrence in the House amendments.

H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.

The House returned the Bill with amendments.

On motion of Senator RYBERG, 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.

H. 4652 (Word version) -- Reps. Lourie, Bales, Harrison, J.E. Smith, Hosey, J.H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: 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 THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

The House returned the Bill with amendments.

On motion of Senator HUTTO, 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. 1244 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION CONGRATULATING EVELYN REIS PERRY ON HER SELECTION FOR THE "WOMEN IN BUSINESS ADVOCATE" AWARD FOR 2002.

Returned with concurrence.

Received as information.

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. 3048 (Word version) -- Reps. Campsen, Littlejohn, Altman, Davenport, Simrill, Delleney, Clyburn, Robinson, Owens, Loftis, Leach, Hamilton, Vaughn, Knotts and Bingham: A BILL TO AMEND TITLE 59,

H. 5005 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon, Frye and Huggins: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

By prior motion of Senator SETZLER, with unanimous consent

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

H. 3145 (Word version) -- Reps. Lourie, J.E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING

Senator HUTTO explained the Bill.

H. 4589 (Word version) -- Reps. Rodgers, Battle, Gilham and Miller: A BILL TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.

H. 3943 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 15 SO AS TO ENACT THE "STRUCTURED SETTLEMENT PROTECTION ACT", WHICH PROVIDES PROCEDURES TO REGULATE THE TRANSFER OF STRUCTURED SETTLEMENTS, INCLUDING PROVISIONS REQUIRING COURT OR ADMINISTRATIVE AUTHORITY APPROVAL IN ADVANCE FOR THE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, AND ESTABLISHING DISCLOSURE REQUIREMENTS.

Senator HUTTO 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 third reading of the Bill.

Senator HUTTO proposed the following amendment (HUTTO1-3943), which was adopted:

Amend the bill, as and if amended, page 2 by deleting lines 31 through 33 and inserting the following:

/     (12)   'Structured settlement' means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim.     /

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 third time and ordered returned to the House of Representatives with amendments.

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

S. 1204 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGLIGENT USE OF FIREARMS OR ARCHERY TACKLE, SO AS TO DELETE REFERENCES TO "CRIMINAL NEGLIGENCE", TO FURTHER DEFINE "NEGLIGENCE", AND TO PROVIDE THAT A PERSON MUST LOSE THE PRIVILEGE TO HUNT FOR TWO YEARS FOR CERTAIN VIOLATIONS OF THIS SECTION.

S. 244 (Word version) -- Senators Ritchie, Richardson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-55 SO AS TO PROVIDE THAT AN APPLICANT DESIRING TO FORM A CHARTER SCHOOL MAY EITHER FILE THE APPLICATION WITH THE LOCAL SCHOOL BOARD OF TRUSTEES IN THE MANNER PROVIDED BY LAW OR IN THE ALTERNATIVE MAY FILE THE APPLICATION DIRECTLY WITH THE STATE BOARD OF EDUCATION WHICH SHALL ACT AS THE SPONSOR OF THE CHARTER SCHOOL AND AS THE APPROVING ENTITY FOR THAT CHARTER SCHOOL.

Senator HAYES 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 adoption of the previously proposed amendment as follows.

Senator HAYES proposed the following amendment (GJK\21245SD02), which was adopted:

Amend the bill, as and if amended, in Section 59-40-50(A)(6) of the 1976 Code, as contained in SECTION 1, by adding after / certified / on line 26, page 4, / or experienced /;

Amend further, as and if amended, in Section 59-40-140 of the 1976 Code, as contained in SECTION 1, by striking subsection (K) which begins on line 22, page 15, and inserting:

/   (K)   During the first year of a charter school's operation for those charter schools established on and after July 1, 2004, and upon verification by the State Department of Education that the school is receiving funding consistent with this chapter, the school district shall receive through a state reserve fund as established by the General Assembly beginning with fiscal year 2004-2005 an amount equivalent to one hundred percent of the state allocation for the students enrolled in the charter school that were enrolled in other public schools of that district on the one hundred thirty-fifth day of the previous school year. The reserve fund shall be available only when the charter school is not initiated or operated by the district. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES 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:

S. 1236 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE SPARTANBURG COUNTY COUNCIL TO EMPOWER THE HEAD OF THE SPARTANBURG COUNTY DETENTION FACILITY TO APPOINT LAW ENFORCEMENT OFFICERS, WITH THE APPROVAL OF THE COUNTY ADMINISTRATOR, TO OVERSEE THE JAIL AND TO HAVE THE AUTHORITY OF A PEACE OFFICER TO PATROL AND MAKE ARRESTS ON ALL COUNTY PROPERTY INCLUDING THE DETENTION FACILITY.

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

There was no objection.

Senator REESE explained the Bill.

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

On motion of Senator LEATHERMAN, with unanimous consent, all Points of Order are preserved and no member shall lose any rights to raise Points of Order in a timely fashion on third reading.

There was no objection and the motion was adopted.

S. 1239 (Word version) -- Senator Richardson: 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 94, SO AS TO PROVIDE FOR THE ISSUANCE OF A SOUTH CAROLINA VETERANS SPECIAL LICENSE PLATE.

S. 732 (Word version) -- Senator Grooms: A BILL TO AMEND ACT 507 OF 1996, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF ADDITIONAL OFFICERS, THE EMPLOYMENT OF A DIRECTOR AND STAFF POSITIONS, AUTHORIZE THE BOARD TO ADOPT BYLAWS, AND ESTABLISH ATTENDANCE REQUIREMENTS.

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

Senators MATTHEWS and PINCKNEY proposed the following amendment (732R001.JWM), which was tabled:

Amend the bill, as and if amended, page 1, line 26, by striking SECTION 1. (A.) and inserting:

/   "SECTION   1.   (A)   Effective March 15, 1997, there is established the Board of Elections and Voter Registration of Colleton County to be composed of nine members appointed to office by the Governor; four of the members shall be appointed upon the recommendation of the Senators representing the county and the remaining five members shall must be appointed upon the recommendation of the legislative delegation from the county. No member may be a paid employee of the board or of the former Colleton County Board of Voter Registration or of the former Colleton County Election Commission. The term of office for the members of the board is two years commencing on the fifteenth day of March in each odd-numbered year. In case of a vacancy from any cause on the board, the vacancy must be filled in the same manner of original appointment, as provided in this section, for the unexpired term. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be re-elected to that office for any number of successive terms without limitation. The board may elect a vice chairman, a secretary, and such other officers as the board considers necessary./

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

Senator GROOMS moved to lay the amendment on the table.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below),   the "ayes" and "nays" were demanded and taken, resulting as follows:

Grooms (67.98)            

Pinckney (20.05)          

Matthews (11.97)

By a weighted vote of 67.98 to 20.05, the amendment was laid on the table.

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

S. 1047 (Word version) -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.

Senator MOORE 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 adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD1047.003), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 8, in Section 61-6-1035, as contained in SECTION 1, by striking lines 8-10 in their entirety and inserting therein the following:

/   (9)   the tastings must be conducted by the manufacturer or an agent of the manufacturer and must not be conducted by a wholesaler, retailer, or employee of a wholesaler or retailer."   /

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 with notice of general amendments.

H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.

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

Senator ALEXANDER proposed the following amendment (BBM\9072HTC02), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 2 and inserting

/ SECTION   2.   This act takes effect January 1, 2004. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER 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 with notice of general amendments.

H. 4419 (Word version) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.

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

The Committee on Education proposed the following amendment (GJK\21250SD02), which was adopted:

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

/   SECTION   1.   Section 59-19-45 of the 1976 Code, as added by Act 155 of 1997, is further amended by adding:

"(F)   The State Department of Education must keep a record of the school board trustees who complete the orientation program."

SECTION   2.   Section 59-18-900 of the 1976 Code, as last amended by Act 40 of 2001, is further amended by adding:

"(F)   The percentage of new trustees who have completed the orientation requirement provided in Section 59-19-45 must be reflected on the school district report card."

SECTION   3.   This act takes effect upon approval by the Governor. /

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 with notice of general amendments.

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

S. 1240 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

Senator HUTTO explained the Bill.

On motion of Senator HUTTO, with unanimous consent, the name of Senator MATTHEWS was added as a co-sponsor of S. 1240.

On motion of Senator HUTTO, with unanimous consent, S. 1240 was ordered to receive a third reading on Thursday, April 25, 2002.

S. 1241 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR STORM WATER MANAGEMENT AND SEDIMENT REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2698, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1242 (Word version) -- Senator Grooms: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT TO APPORTION OR REAPPORTION, AS NECESSARY, THE ELECTION DISTRICTS OF THE SCHOOL DISTRICT FOR THE PURPOSE OF ELECTING THE BOARD OF

S. 1243 (Word version) -- Senator Grooms: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.

H. 5134 (Word version) -- Reps. Wilder, Taylor and Carnell: A BILL TO PROVIDE THAT MEMBERS OF THE LAURENS COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.

On motion of Senator VERDIN, H. 5134 was ordered to receive a third reading on Thursday, April 25, 2002.

H. 5137 (Word version) -- Reps. Carnell, Klauber and Parks: A BILL TO PROVIDE THAT MEMBERS OF THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.

On motion of Senator DRUMMOND, H. 5137 was ordered to receive a third reading on Thursday, April 25, 2002.

H. 5147 (Word version) -- Reps. Stuart, Cobb-Hunter, Govan, Ott and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, OR 5, 2002, IN ANY SCHOOL DISTRICT OF ORANGEBURG COUNTY WHEN A SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED, IF APPROVED BY THE LOCAL SCHOOL BOARD OF TRUSTEES, FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator HUTTO explained the Bill.

On motion of Senator HUTTO, with unanimous consent, H. 5147 was ordered to receive a third reading on Thursday, April 25, 2002.

H. 4823 (Word version) -- Reps. Cato, Chellis, Battle, G. Brown, J. Brown, Cooper, Edge, Harrison, Hinson, Jennings, Law, Lee, Limehouse, Lourie, Miller, Perry, Quinn, Rice, Rutherford, Sandifer, Scarborough, Scott, F.N. Smith, J.E. Smith, Tripp, Trotter, Walker and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-35 SO AS TO PROHIBIT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT A BOND TO SECURE THE BID OR THE PERFORMANCE OR PAYMENT OF THE CONTRACT BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER; AND TO AMEND SECTIONS 11-1-120, 11-35-3030, AS AMENDED, 12-28-2740, 29-6-250, AND 57-5-1660, RELATING TO PAYMENT BONDS, BID BONDS, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS, AND HIGHWAY CONSTRUCTION BONDS, RESPECTIVELY, ALL SO AS TO ADD CONFORMING LANGUAGE PROHIBITING THE STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT THE BOND BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER.

Senator MOORE explained the Bill.

S. 1203 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Senator GREGORY explained the Bill.

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

At 3:37 P.M., Senator HUTTO 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 11:30 A.M. on Thursday, April 25, 2002.

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

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

H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO MAKE CERTAIN OTHER CHANGES RELATED TO CONCEALED WEAPONS PERMITS. (ABBREVIATED TITLE)

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

Senator KUHN spoke on the Bill.

Senator MARTIN asked unanimous consent, with Senator KUHN retaining the floor, to proceed to a consideration of the amendments.

Senator KUHN objected.

Senator KUHN resumed speaking on the Bill.

Senator MARTIN asked unanimous consent, with Senator KUHN retaining the floor, to proceed to a consideration of the amendments.

Senator KUHN objected.

Senator KUHN resumed speaking on the Bill.

Senator MARTIN asked unanimous consent, with Senator KUHN retaining the floor, to proceed to a consideration of the amendments.

Senator SETZLER objected.

Senator KUHN spoke on the Bill.

Senator MARTIN asked unanimous consent, with Senator KUHN retaining the floor, to proceed to a consideration of the amendments.

There was no objection.

The Senate proceeded to a consideration of the amendments.

The Committee on Judiciary proposed the following amendment (JUD3010.008), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 8, in Section 16-23-420(D), as contained in SECTION 1, by striking /     , or who is authorized to carry weapons pursuant to Article 4, Chapter 31 of Title 23   /.

Amend the bill, as and if amended, page 3, beginning on line 17, in Section 16-23-420(E), as contained in SECTION 1, by striking lines 17 through 19 and inserting therein the following:

/   vehicular traffic.

(F)   This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility."   /

Amend the bill further, as and if amended, page 3, beginning on line 21, as contained in SECTION 2, by striking lines 21 through 31 in their entirety.

Amend the bill further, as and if amended, page 4, beginning on line 26, in Section 23-31-215(A)(2), as contained in SECTION 5, by striking line 26 through line 27 and inserting therein the following:

/   (2)   three one current one-inch by one-inch full face color photographs photograph of the person, not smaller than one inch by one inch nor larger than three inches by five inches;   /.

Amend the bill further, as and if amended, page 4, beginning on line 37, in Section 23-31-215(A)(7), as contained in SECTION 5, by striking lines 37 through 39 and inserting therein the following:

/   (7)   a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant's fingerprints may not be taken. If all other qualifications are met, the Director of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant. /

Amend the bill further, as and if amended, page 7, line 5, in Section 23-31-215(K), as contained in SECTION 5, by striking line 5 and inserting therein the following:

/   his possession whenever he carries a concealable weapon. A When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a     /.

Amend the bill further, as and if amended, page 8, beginning on line 37, in Section 23-31-215(P), as contained in SECTION 5, by striking lines 37 through 41 and inserting therein the following:

/   (2)   submission of three one current one-inch by one-inch full face color photographs photograph of the applicant not smaller than one inch by one inch nor larger than three inches by five inches; and

(3)   a complete set of fingerprints or medical waiver as evidenced in a statement of medical limitation as provided in subsection (A). A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

Senator RITCHIE moved that the amendment be adopted.

The committee amendment was adopted.

Senators FORD and GLOVER proposed the following Amendment No. 1 (FORD-3010), which was tabled:

Amend the bill, as and if amended, page 10, Section 51-3-145(G) by deleting lines 26 through 28 and inserting the following:

/   law.   /

Renumber sections to conform.

Amend title to conform.

Senator GLOVER explained the amendment.

Senator GREGORY moved to lay the amendment on the table.

The amendment was laid on the table.

Senator JACKSON proposed the following Amendment No. 2 (JUD3010.051), which was subsequently perfected by Amendment No. 2A:

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

/   SECTION ___.   Title 16 of the 1976 Code is amended by adding:

Section 16-24-10.   This act may be cited as the 'Children's Firearm Accident Prevention Act of 2001'.

Section 16-24-20.   As used in this article:

(1)   'Trigger-locking device' means a device which prevents a firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.

(2)   'Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

(3)   'Child' means a person seventeen years of age or younger.

(4)   'Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or

Section 16-24-30.   (A)   Except as provided in Section 16-24-40, a person who keeps a loaded firearm on premises which are under his custody or control where he knows or reasonably should know that a child is likely to gain access to the loaded firearm without the supervision of the person who has custody or control of the premises is guilty of:

(1)   criminal storage of a loaded firearm in the first degree if the child obtains access to the loaded firearm and causes death to himself, herself, or any other person;

(2)   criminal storage of a loaded firearm in the second degree if the child obtains access to the loaded firearm and causes injury to himself, herself, or any other person, but death does not occur.

(B)(1)   A person who violates subsection (A)(1) is guilty of a misdemeanor, and upon conviction, must be imprisoned for not more than three years or fined not more than two thousand dollars, or both.

(2)   A person who violates subsection (A)(2) is guilty of a misdemeanor, and upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both.

(C)   No insurance policy issued pursuant to Title 38 may limit or exclude coverage as a result of a conviction under the provisions of this section.

Section 16-24-40.   This chapter does not apply whenever any of the following occurs:

(1)   the child obtains the loaded firearm as a result of an unlawful entry into or upon the premises of any person;

(2)   the loaded firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;

(3)   the loaded firearm is carried on the person so that it can be readily retrieved;

(4)   the loaded firearm is equipped with a trigger-locking device and the device is on;

(5)   the person is a law enforcement officer or a member of the armed forces or national guard and the child obtains the loaded firearm during, or incidental to, the performance of the person's duties;

(6)   the child obtains, or obtains and discharges, the loaded firearm in a lawful act of self-defense or defense of another person or persons;

(7)   a loaded firearm is kept on any premises which are under the custody or control of a person who has no reasonable expectation,

(8)   the person is in preparation for, engaged in the act of, or returning from hunting or sport shooting, and an accident with a loaded firearm occurs which is not the result of criminal negligence, as defined in Section 50-1-85.

Section 16-24-50.   (A)   Upon the retail sale or transfer of a firearm, the seller must deliver a written warning to the purchaser that states, in block letters not less than one-fourth inch in height:

'IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY PERSON TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(B)   A retail dealer who sells firearms must conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:

'IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(C)   A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."   /.

Renumber SECTIONS to conform.

Amend title to conform.

Senator JACKSON explained the amendment.

At 5:35 P.M., Senator COURSON assumed the Chair.

Senator JACKSON explained the amendment.

Senator WALDREP asked unanimous consent to make a motion to perfect Amendment No. 2.

Senator HAWKINS objected.

Senator JACKSON continued arguing in favor of the adoption of the amendment.

At 5:48 P.M., Senator HAYES assumed the Chair.

Senator JACKSON continued arguing in favor of the adoption of the amendment.

On motion of Senator JACKSON, with unanimous consent, Amendment No. 2 was perfected and substituted as follows:

Senator JACKSON proposed the following Amendment No. 2A (JUD3010.051A), which was tabled:

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

/   SECTION ___.   Title 16 of the 1976 Code is amended by adding:

Section 16-24-10.   This act may be cited as the 'Children's Firearm Accident Prevention Act of 2001'.

Section 16-24-20.   As used in this article:

(1)   'Trigger-locking device' means a device which prevents a firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.

(2)   'Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

(3)   'Child' means a person seventeen years of age or younger.

(4)   'Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.

Section 16-24-30.   (A)   Except as provided in Section 16-24-40, a person who keeps a loaded firearm on premises which are under his custody or control and the firearm is in a visible location where the person knows or reasonably should know that a child is likely to gain access to the loaded firearm without the supervision of the person who has custody or control of the premises is guilty of:

(1)   criminal storage of a loaded firearm in the first degree if the child obtains access to the loaded firearm and causes death to himself, herself, or any other person;

(2)   criminal storage of a loaded firearm in the second degree if the child obtains access to the loaded firearm and causes injury to himself, herself, or any other person, but death does not occur.

(B)(1)   A person who violates subsection (A)(1) is guilty of a misdemeanor, and upon conviction, must be imprisoned for not more than three years or fined not more than two thousand dollars, or both.

(2)   A person who violates subsection (A)(2) is guilty of a misdemeanor, and upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both.

(C)   No insurance policy issued pursuant to Title 38 may limit or exclude coverage as a result of a conviction under the provisions of this section.

Section 16-24-40.   This chapter does not apply whenever any of the following occurs:

(1)   the child obtains the loaded firearm as a result of an unlawful entry into or upon the premises of any person;

(2)   the loaded firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;

(3)   the loaded firearm is carried on the person so that it can be readily retrieved;

(4)   the loaded firearm is equipped with a trigger-locking device and the device is on;

(5)   the person is a law enforcement officer or a member of the armed forces or national guard and the child obtains the loaded firearm during, or incidental to, the performance of the person's duties;

(6)   the child obtains, or obtains and discharges, the loaded firearm in a lawful act of self-defense or defense of another person or persons;

(7)   a loaded firearm is kept on any premises which are under the custody or control of a person who has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises; or

(8)   the person is in preparation for, engaged in the act of, or returning from hunting or sport shooting, and an accident with a loaded firearm occurs which is not the result of criminal negligence, as defined in Section 50-1-85.

Section 16-24-50.   (A)   Upon the retail sale or transfer of a firearm, the seller must deliver a written warning to the purchaser that states, in block letters not less than one-fourth inch in height:

'IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY PERSON TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(B)   A retail dealer who sells firearms must conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:

'IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(C)   A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."   /.

Renumber SECTIONS to conform.

Amend title to conform.

Senator JACKSON resumed arguing in favor of the adoption of the amendment.

Senator JACKSON moved that the amendment be adopted.

Senator HAWKINS argued contra to the adoption of the amendment.

Senator JACKSON spoke on the amendment.

Senator MARTIN argued contra to the adoption of the amendment.

Senator HAWKINS moved to lay the amendment on the table.

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

Alexander                 Bauer                     Branton *
Courson *                 Elliott                   Fair
Giese                     Grooms                    Hawkins
Hayes                     Holland                   Hutto
Kuhn                      Leatherman                Leventis
Martin                    McConnell                 Mescher
Moore                     Peeler                    Ravenel
Richardson                Ritchie                   Ryberg

Setzler                   Smith, J. Verne *         Thomas
Verdin                    Waldrep

Anderson                  Ford                      Glover *
Gregory                   Jackson                   Land
Matthews                  Patterson                 Pinckney

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

There being no further amendments, the question then was the second reading of the Bill.

Senator KUHN spoke on the Bill.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO MAKE CERTAIN OTHER

Senator MARTIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRASTRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.

The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Transportation.

Senators RITCHIE and GROOMS proposed the following Amendment P-CA (GJK\21314HTC02), which was adopted:

Amend the committee amendment, as and if amended, in Section 2(A), page 926-2, by striking beginning on line 26 /This subsection does not authorize or allow expansion on the east bank of the Cooper River or on the Wando side of Daniel Island./ and inserting: / This subsection does not authorize or allow State Ports Authority activity on

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

Senator RITCHIE moved that the amendment be adopted.

The amendment was adopted.

The Committee on Transportation proposed the following amendment (GJK\21240SD02), which was adopted, as amended:

Amend the joint resolution, as and if amended, by striking all after the title and before the enacting words.

Amend the joint resolution further, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   The General Assembly finds and declares that the promotion of interstate and international commerce and transportation is a legitimate and necessary public purpose of this State which the General Assembly intends to accomplish by enacting the provisions of this joint resolution. The General Assembly further declares that it specifically intends the provisions of Section 3 as contained herein, which by general law prohibits a local political subdivision from impeding or preventing certain uses of former federal property through zoning or other means, to apply to any location on the west bank of the Cooper River identified by the State Ports Authority as a site for new terminal facilities if, at such locations, the acquisition of real property owned by the federal government or owned by a state instrumentality or redevelopment agency that received it from the federal government is required in conjunction with new terminal facilities.

It is the expressed intent of the General Assembly for the new terminal facilities on the west bank of the Cooper River as required in Section 2 to be completed by December 31, 2008, if possible. The State Ports Authority shall report at least annually to the General Assembly as to the status and progress of the permitting process.

SECTION   2.   (A)   The State Ports Authority is required to begin environmental impact studies and other required actions in regard to the permitting process to locate new terminal facilities on the west bank of the Cooper River at locations it determines appropriate and with a

(B)   The South Carolina Department of Transportation, the Public Railways Division of the Department of Commerce, and the State Infrastructure Bank are directed to explore all potential opportunities for federal funding of the infrastructure enhancements for port expansion on the western side of the Cooper River.

(C)   The State Budget and Control Board shall take appropriate steps to provide indemnification to the State Ports Authority board members from any personal liability related to their service on the board in regard to funding provided to the South Carolina Transportation Infrastructure Bank for the Cooper River Bridge.

SECTION   3.   Notwithstanding the provisions of Section 6-29-770 of the 1976 Code or any other provision of law, a state agency or entity that acquires real property from the federal government or from a state instrumentality or redevelopment agency that received it from the federal government shall be permitted to use the property in the same manner the federal government was permitted to use the property. Further, the property in the hands of the state agency or entity shall be subject only to the same restrictions, if any, as it was in the hands of the federal government, and no county or municipality of this State by zoning or other means may restrict this permitted use or enjoyment of the property.

SECTION   4.   This joint resolution takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to read:

/ TO REQUIRE THE STATE PORTS AUTHORITY TO BEGIN ENVIRONMENTAL IMPACT STUDIES AND OTHER REQUIRED ACTIONS IN REGARD TO THE PERMITTING PROCESS TO LOCATE A NEW TERMINAL FACILITY ON THE WEST BANK OF THE COOPER RIVER AT A LOCATION IT DETERMINES APPROPRIATE, TO ESTABLISH CERTAIN CRITERIA TO BE USED IN REGARD TO THE LOCATION OF THIS TERMINAL FACILITY, TO AUTHORIZE THE STATE PORTS AUTHORITY TO BEGIN THE PROCESS OF ACQUIRING ANY REAL PROPERTY NECESSARY FOR THIS NEW FACILITY AT THIS LOCATION, TO PROVIDE THAT THE PORTS AUTHORITY AT THE COMPLETION OF THE PERMITTING PROCESS SHALL RENDER A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE NEW TERMINAL FACILITY WHICH SHALL INCLUDE A PROPOSED REQUEST FOR ANY STATE FUNDING NECESSARY TO COMPLETE THE PROJECT, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAYS DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK ARE DIRECTED TO EXPLORE ALL POTENTIAL OPPORTUNITIES FOR FEDERAL FUNDING OF THE INFRASTRUCTURE ENHANCEMENTS FOR PORT EXPANSION ON THE WESTERN SIDE OF THE COOPER RIVER, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL TAKE APPROPRIATE STEPS TO PROVIDE INDEMNIFICATION TO THE STATE PORTS AUTHORITY BOARD MEMBERS FROM ANY PERSONAL LIABILITY RELATED TO THEIR SERVICE ON THE BOARD IN REGARD TO FUNDING PROVIDED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK FOR THE COOPER RIVER BRIDGE, AND TO PROVIDE THAT A STATE ENTITY WHICH ACQUIRES REAL PROPERTY FROM THE FEDERAL GOVERNMENT OR FROM A STATE INSTRUMENTALITY OR REDEVELOPMENT AGENCY WHICH ACQUIRED IT FROM THE FEDERAL GOVERNMENT SHALL BE PERMITTED THE SAME USE OF THE PROPERTY AS WAS THE FEDERAL GOVERNMENT AND TO PROVIDE THAT NO COUNTY OR MUNICIPALITY BY ZONING OR OTHER MEANS MAY RESTRICT THIS PERMITTED USE OR ENJOYMENT OF THE PROPERTY. /

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted, as amended.

There being no further amendments, the question then was the second reading of the Bill.

Senator FORD spoke on the Bill.

Senator KUHN spoke on the Bill.

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

Senator FORD desired to be recorded as voting against the second reading of the Bill.

On motion of Senator McCONNELL, with unanimous consent, S. 926 was ordered to receive a third reading on Thursday, April 25, 2002.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when it adjourned today, it stand adjourned to meet tomorrow at 10:00 A.M.

Having received a favorable report from the Allendale County Delegation, the following appointments were confirmed in open session:

Reappointment, Allendale County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Walter G. Griffin, Jr., P. O. Box 74, Allendale, S.C. 29810

Reappointment, Allendale County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Carl McKenzie Love, P. O. Box 1133, Fairfax, S.C. 29827

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

Initial Appointment, Calhoun County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Ethel Cloud Wright, 86 Calhoun Rd., St. Matthews, S.C. 29135 VICE Freemon Thomas

Having received a favorable report from the Dillon County Delegation, the following appointments were confirmed in open session:

Reappointment, Dillon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. James F. Rogers, P. O. Box 187, Lake View, S.C. 29563

Reappointment, Dillon County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Charles D. Spivey, P. O. Box 272, Lake View, S.C. 29563

Having received a favorable report from the Marion County Delegation, the following appointments were confirmed in open session:

Reappointment, Marion County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Regina G. Bristow, P. O. Box 991, Mullins, S.C. 29574

Reappointment, Marion County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Levone Graves, 529 Faulk Rd., Marion, S.C. 29571

Having received a favorable report from the Pickens County Delegation, the following appointments were confirmed in open session:

Reappointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Dale F. Dalton, P. O. Box 65, Liberty, S.C. 29657

Reappointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Earnest David Forrest, Sr., 202 Wellington Rd., Easley, S.C. 29642

Reappointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. James Edward King, 216 L. E. C. Rd., Pickens, S.C. 29671

Reappointment, Pickens County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. John B. Robinson, Jr., 997 Old Seneca Rd., Central, S.C. 29630-4107

On motion of Senator O'DELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Odis F. "Bo" Gilreath, Fire Chief of Anderson, S.C.

At 6:46 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.

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