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, hear the words of St. John in his first Epistle, Chapter 2:10:

"Whoever loves a brother or sister lives in the light, and in such a person there is no cause for stumbling."
Let us pray.

O God and Father of us all, today we hold open the door of remembrance of the terrible days in the life of our country when our people were embroiled in the war of "Brother-against-Brother," sometimes known as the Civil War of 1860-65. We thank You for Your servant, Abraham Lincoln.

In a world still suffering from a lack of a good will and brotherly love, help us to be inspired anew by his words:

"It is rather for us to be here

Dedicated to the great task

Remaining before us... that from these

honored dead we take   increased devotion

To that cause for which they gave the

last full measure of devotion....

That this nation, under God, shall have

a new birth of freedom...."

Help us, O God, North, South, East and West... and the whole world around to follow in his train.
Amen.

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

The following appointment was transmitted by the Honorable James H. Hodges:

Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2002, and to expire June 30, 2006

6th Congressional District:

J. Lewis Stephens, 719 Laurel Street, Columbia, S.C. 29201

Referred to the Committee on Medical Affairs

Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.

Senator HAWKINS rose for an Expression of Personal Interest.

Senator FORD rose for an Expression of Personal Interest.

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 Committee on Finance.

There was no objection.

The Bill was recalled from the committee.

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 commit the Bill to the Greenville County Delegation.

There was no objection.

The Bill was committed to the local delegation.

The following were introduced:

S. 998 (Word version) -- Senator Reese: A BILL TO AMEND SECTIONS 38-77-122 AND 38-77-123, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON AUTOMOBILE INSURERS AND AGENTS FROM REFUSING TO ISSUE OR RENEW AUTOMOBILE INSURANCE POLICIES DUE TO CERTAIN FACTORS, FACTORS PROHIBITED IN DETERMINING PREMIUM RATES, REQUIREMENTS FOR CANCELLATION, AND PENALTIES FOR VIOLATIONS, SO AS TO PROHIBIT THE USE OF SCHOLASTIC APTITUDE TEST (SAT) OR AMERICAN COLLEGE TESTING ASSESSMENT TEST (ACT) SCORES AS A FACTOR IN REFUSING TO ISSUE OR RENEW A POLICY OF AUTOMOBILE INSURANCE AND TO PROHIBIT THE USE OF SCHOLASTIC APTITUDE TEST (SAT) OR AMERICAN COLLEGE TESTING ASSESSMENT TEST (ACT) SCORES IN DETERMINING AUTOMOBILE INSURANCE POLICY PREMIUM RATES.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 999 (Word version) -- Senators Hayes, Martin, Ritchie, Drummond, Land, Setzler and Pinckney: A BILL TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
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Read the first time and referred to the Committee on Finance.

S. 1000 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 48-52-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE STATE ENERGY OFFICE, SO AS TO REMOVE IT FROM THE ADMINISTRATION OF THE STATE BUDGET AND CONTROL BOARD AND RELOCATE IT WITHIN THE ADMINISTRATION OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION; TO AMEND SECTION 48-52-440, RELATING TO THE ENERGY ADVISORY COMMITTEE, SO AS TO DESIGNATE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION AS APPOINTING AUTHORITY; AND TO REPEAL SECTION 48-52-460 RELATING TO THE EFFECT OF GOVERNMENT RESTRUCTURING ON PLACEMENT OF THE STATE ENERGY OFFICE.
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Read the first time and referred to the Committee on Judiciary.

S. 1001 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 1002 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE FOR THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON FROM ANOTHER COUNTRY WHO POSSESSES A UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE I-94 CARD.
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Read the first time and referred to the Committee on Transportation.

S. 1003 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2618, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1004 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF DON CAUGHMAN OF WEST COLUMBIA ON FRIDAY, FEBRUARY 1, 2002, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1005 (Word version) -- Senators J. Verne Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman and O'Dell: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.
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Senators J. VERNE SMITH and THOMAS spoke on the Bill.

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

S. 1006 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-13-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS REGARDING TROTLINES, SO AS TO REQUIRE THAT TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE MUST, IN ADDITION TO OTHER REQUIREMENTS, BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH-LONG CYLINDER WITH A ONE-HALF INCH INSIDE DIAMETER.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.
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Read the first time and referred to the Committee on Judiciary.

S. 1008 (Word version) -- Senator Richardson: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY TO THE GOVERNING BODY OF BEAUFORT COUNTY AND TO PROVIDE EXCEPTIONS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1009 (Word version) -- Senators Grooms and Mescher: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE SANTEE RIVER BOAT LANDING WHERE U.S. HIGHWAY 17-A AND S. C. HIGHWAY 41 CROSS THE SANTEE RIVER ABOVE JAMESTOWN IN BERKELEY COUNTY THE "LENUD'S FERRY BOAT LANDING."
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Read the first time and referred to the Committee on Fish, Game and Forestry.

At 12:19 P.M., Senator MARTIN assumed the Chair.

H. 3405 (Word version) -- Reps. Fleming, Simrill, Knotts, Scarborough, J. Young, G.M. Smith, Harrison, Delleney, Haskins, F.N. Smith, Taylor, Altman, Barrett, Campsen, Cooper, Davenport, Klauber, Littlejohn, McCraw, Phillips, Rice, Riser, Robinson, Sandifer, Sharpe, D.C. Smith, J.R. Smith, Trotter, Vaughn, Walker, White, Huggins, Hinson, Gourdine, A. Young, Martin, Thompson, Chellis, Merrill, Tripp, Dantzler, Owens, Meacham-Richardson, Bingham and Talley: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION AND FROM PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.

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

H. 3931 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.

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

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.

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

At 12:21 P.M., the PRESIDENT assumed the Chair.

H. 4303 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER IN THIS STATE MAY NOT BE REGISTERED.

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

H. 4391 (Word version) -- Reps. Townsend, Littlejohn and Walker: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.

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

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

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4430 (Word version) -- Reps. Cato, Kirsh, Walker, Law and Vaughn: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY CHANGING THE NAME OF AN ADVISORY BOARD MEMBER FROM THE SOUTH CAROLINA ASSOCIATION OF LIFE UNDERWRITERS TO ITS CURRENT NAME OF THE SOUTH CAROLINA ASSOCIATION OF INSURANCE AND FINANCIAL ADVISORS.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.

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

H. 4485 (Word version) -- Reps. Huggins, Bingham, Edge, Frye, Koon, Riser and Sandifer: A BILL TO AMEND SECTIONS 25-1-420, 25-1-430, 23-49-20, 23-49-30, 23-49-60, 38-75-470, AS AMENDED, 44-61-30, AS AMENDED, 48-40-60, AND 49-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".

Read the first time and referred to the General Committee.

H. 4611 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2566, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4649 (Word version) -- Reps. Taylor and Wilder: A BILL TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 AND PROVIDE THAT A SPECIAL ELECTION IS NOT REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR OFFICE TO EITHER ONE OF THESE TWO SCHOOL DISTRICTS WHEN A VACANCY IN THE OFFICE OCCURS AND THE TIME FOR FILING FOR THE OFFICE HAS CLOSED AND HE HAS BEEN CERTIFIED; AND TO REPEAL ACT 292 OF 1989, RELATING TO FILLING VACANCIES ON BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.

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

On motion of Senator VERDIN, with unanimous consent, H. 4649 was ordered to receive a second and third reading on the next two consecutive legislative days.

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.

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

H. 4661 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON OCTOBER 29, 30, AND 31, 2001, BY THE STUDENTS OF TRAVELERS REST HIGH SCHOOL IN THE GREENVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO LAW ENFORCEMENT CONCERNS 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, on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.

On motion of Senator J.VERNE SMITH, with unanimous consent, H. 4661 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4673 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION CONGRATULATING THRIFT BROTHERS OF SENECA ON RECEIVING THE CAROLINAS AGC'S 2001 PINNACLE AWARD AS CONTRACTOR FOR "BEST UTILITY PROJECT', THE SOUTHERN CONNECTOR IN GREENVILLE COUNTY.

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

H. 4687 (Word version) -- Reps. Wilkins and Townsend: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2002, AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH".

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

H. 4689 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND MR. SANTI JIMONGKONKUL OF HORRY COUNTY FOR HIS REMARKABLE ACTS OF COURAGE IN THE FACE OF LIFE-THREATENING DANGER WHEN HE RISKED HIS OWN LIFE TO SAVE THE LIFE OF CRYSTAL GAIL HUGGINS.

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

H. 4691 (Word version) -- Reps. Vaughn, Wilkins, Allen, Cato, Easterday, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith and Tripp: A CONCURRENT RESOLUTION TO COMMEND THE GREENVILLE HOSPITAL SYSTEM FOR ITS LEADERSHIP AND PROGRESS IN PROVIDING HEALTH CARE TO THE CITIZENS OF THIS STATE AND TO CONGRATULATE THE SYSTEM ON BEING NAMED ONE OF AMERICA'S TOP 100 INTEGRATED HEALTH CARE NETWORKS BY MODERN HEALTHCARE MAGAZINE.

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

H. 4698 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE COLLEGE OF CRIMINAL JUSTICE OF THE UNIVERSITY OF SOUTH CAROLINA IS ONE OF THE MOST VALUABLE EDUCATIONAL RESOURCES OF OUR STATE AND SHOULD REMAIN A SEPARATE COLLEGE OF THE UNIVERSITY AND NOT BE MERGED WITH ANY OTHER COLLEGE OR ACADEMIC ENTITY OF THE UNIVERSITY.

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

H. 4704 (Word version) -- Reps. Huggins, Quinn, J. Brown and Riser: A CONCURRENT RESOLUTION CONGRATULATING IRMO HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 2001 CLASS AAAA STATE CHAMPIONSHIP IN GIRLS TENNIS.

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

H. 4708 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO Dr. LOUISA BURRISS PRESCOTT FOR HER MANY CONTRIBUTIONS OF THE CAUSE OF MENTAL HEALTH AND EXTEND THEIR BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.

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

H. 4710 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. SOUTH CAROLINA, NAN N. NORMAN OF MYRTLE BEACH, ON THE SPECIAL OCCASION OF BEING CROWNED "MRS. SOUTH CARLOINA AMERICA 2001.

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

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

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 892 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE ELECTED TRUSTEES SHALL BE SELECTED AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION.

Ordered for consideration tomorrow.

S. 989 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO JOIN THE WORLD IN RECOGNIZING THE STUDENTS AND STAFF OF WHITE KNOLL MIDDLE SCHOOL OF WEST COLUMBIA IN LEXINGTON COUNTY, SCHOOL DISTRICT ONE, FOR THEIR AWESOME ACCOMPLISHMENT IN RAISING MORE THAN FIVE HUNDRED TWENTY THOUSAND DOLLARS TO REPLACE A FIRE ENGINE LOST TO NEW YORK CITY LADDER COMPANY 101/ENGINE 202 IN THE DEVASTATION OF SEPTEMBER 11, AND TO EXPRESS TO THE STUDENTS AND STAFF THE PRIDE OF THE CITIZENS OF SOUTH CAROLINA IN THEIR DEMONSTRATION OF BOUNDLESS COMPASSION AND COMMITMENT.

Returned with concurrence.

Received as information.

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

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

H. 4546 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE OPENING DATE FOR THE SEASON FOR TAKING SHAD IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM FEBRUARY FIFTEENTH TO FEBRUARY FIRST.

H. 4612 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA GUARD STUDENT LOAN REPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2678, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 813 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.

S. 996 (Word version) -- Senators Courson, Drummond, Hayes, Alexander, Anderson, Bauer, Branton, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

By prior motion of Senator COURSON, with unanimous consent

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

S. 881 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.

S. 954 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 6, 2002, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 6, 2002, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

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

S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.

Senator LAND objected to consideration of the Bill.

H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

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

The Committee on Finance proposed the following amendment (GJK\20946SD02), which was adopted:

Amend the bill, as and if amended, in Section 12-6-3535(E) of the 1976 Code, as contained in SECTION 1, by inserting after /regulations/ on line 18, page 4 / , including the establishment of fees, /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator GIESE, with unanimous consent, the Bill was carried over, as amended.

The following Bills were carried over:

S. 893 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.

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

S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.

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

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

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

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

H. 3141 (Word version)--Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTIONS OF TITLE 24, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME, TO PROVIDE THAT AN OFFENDER MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE DISCHARGE FROM HIS SENTENCE, AND TO MAKE OTHER RELEVANT CHANGES, TO AMEND CHAPTER 26 OF TITLE 24, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION, REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION, AND TO MAKE CERTAIN OTHER CHANGES; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND CHAPTER 1, TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, BY ADDING ARTICLE 25 SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY. (ABBREVIATED TITLE)

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

Senator THOMAS proposed the following Amendment No. 2 (GJK\ 20969SD02), which was adopted:

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

/ SECTION   __.   (A)   The 1976 Code is amended by adding:

"Section 56-1-464. Notwithstanding the provisions of Section 56-1-460, a person who drives a motor vehicle on any public highway of the State when his license is canceled, suspended, or revoked solely based on an out-of-state motor vehicle violation for which the penalty is a fine and the fine has not been paid to the out-of-state agency and when the violation is not based upon a charge of driving under the influence of alcohol or drugs or a reckless driving charge may petition the magistrate's court to dismiss the State's charge of driving under suspension based upon the out-of-state violation if:

(1)     the person presents to the court a satisfactory resolution of the out-of-state violation as exhibited by an official receipt from the out-of-state agency that the fine has been paid; and

(2)     the person pays an assessment to the magistrate's court for a first offense of five hundred dollars; for a second offense of one thousand dollars; for a third offense of one thousand five hundred dollars; and for a fourth and subsequent offense of two thousand dollars. This assessment is not subject to an additional assessment under the provisions of Sections 14-1-207 or 14-1-208.

Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem must be tried exclusively in magistrate's court."

(B)   The provisions of Section 56-1-464 as contained in this section apply to any applicable out-of-state offense committed within the last ten years before the effective date of this section, notwithstanding any other provision of this act to the contrary. This section also takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Senators PINCKNEY, PATTERSON, GLOVER, FORD and MATTHEWS proposed the following Amendment No. 3 (GGS\ 22318CM02), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:

/ SECTION   _.   Section 44-53-370(b)(1) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(1)   a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, except cocaine as defined in Section 44-53-210(b)(4) for which a different penalty is prescribed in Section 44-53-375, is guilty of a felony and, upon conviction, for a first offense, must be imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both. For a second offense, or if, in the case of a first conviction of violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. For a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned not less than fifteen years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Except in the case of conviction for a first offense, the sentence must not be suspended and probation must not be granted;"

SECTION   _.   Section 44-53-370(d)(1) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(1)   a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, except cocaine as defined in Section 44-53-210(b)(4) for which a different penalty is prescribed in Section 44-53-375, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years or fined not more than five thousand dollars, or both. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both;"

SECTION   _.   Section 44-53-370(d)(3) of the 1976 Code, as last amended by Act 355 of 2000, is further amended to read:

"(3)   possession of more than: ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish, fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, or twenty milliliters or milligrams of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid, is prima facie guilty evidence of a violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Sections 17-22-10 through 17-22-160. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both."

SECTION   _.   Section 44-53-375(A) and (B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(A)   A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, or less than ten grains of cocaine, as defined in Section 44-53-210(b)(4), is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not less than five thousand dollars. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.

(B)   A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, or cocaine as defined in Section 44-53-210(b)(4), in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:

(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and fined not less than twenty-five thousand dollars;

(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than twenty-five years and fined not less than fifty thousand dollars;

(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than thirty years and fined not less than one hundred thousand dollars.

Possession of one or more grams of ice, crank, or crack cocaine, or of more than ten grains of cocaine as defined in Section 44-53-210(b)(4), is prima facie evidence of a violation of this subsection." /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

The amendment was adopted.

Senators PINCKNEY, PATTERSON, GLOVER, FORD and MATTHEWS proposed the following Amendment No. 4 (GGS\ 22319CM02), which was carried over:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/ SECTION   _____.   Section 16-13-320 of the 1976 Code is amended to read:

"Section 16-13-320.   Whoever shall (a) inveigle A person who inveigles or entice entices by any arts or devices any a person to:

(a)   play at cards, dice, or any other another game or bear a share or part in the stakes, wagers, or adventures, or bet on the sides or hands of such as do or shall play as aforesaid,

(b)   sell, barter or expose to sale any kind of property which has been before sold, bartered, or exchanged by the person so selling, bartering, or exchanging or by anyone for the benefit or advantage of the person so selling, bartering, or exchanging in any a house or other place within this State or be a party thereto, or

(c)   overreach, cheat, or defraud by any other cunning, swindling arts and devices, so that the ignorant and unwary, who are deluded thereby, lose their money or other property, shall, on conviction, thereof in any court of competent jurisdiction, be is guilty of a misdemeanor felony and, shall be upon conviction, must be imprisoned not more than five years, fined at the discretion of the court, and, besides, shall refund to the party aggrieved double the sum he was so defrauded of.

And if the same be not immediately paid, with costs, every such person shall be committed to the common jail or house of correction, if there be any, of the county in which such person shall be convicted, there to continue for any time not exceeding six months, unless such fine, with costs, be sooner paid and discharged." /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

Senator PINCKNEY asked unanimous consent to make a motion to amend Amendment No. 4 by deleting subsection (a) from the amendment.

Senator HAWKINS objected.

Senator PINCKNEY continued speaking on the amendment.

On motion of Senator PINCKNEY, with unanimous consent, Amendment No. 4 was carried over.

Senator PATTERSON spoke on the Bill.

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

On motion of Senators J. VERNE SMITH, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, KUHN, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, THOMAS, VERDIN, and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Helen Williams of Greenville, S.C., beloved mother of Mr. David Williams, Deputy Director of the Legislative Council.

At 1:48 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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