Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:40 P.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 the Psalmist's lament over the Destruction of Jerusalem. Psalm 137:1f:
"By the rivers of Babylon--(less than 50 miles from Baghdad) there we sat down and there we wept when we remembered Zion. On the willows there we hung up our harps."
Let us pray.
Father, these are days of decision when many in our Legislature are identifying issues, public and private. Some are wrestling with personal decisions. Some are wondering whether the hassle is worth the struggle. We do not ask for easy task but for strength and guidance to do our duty, and courage to persevere!

In our soul-searching we remember the words of Sir Walter Scott:

"Breathes there the man with soul so dead, Who never to himself hath said: 'THIS IS MY OWN, MY NATIVE LAND'."

Give us loyal ones with patriots' dreams -- and patriots' commitments.
Amen.

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

Senator KUHN introduced Dr. William M. Simpson, Jr. of Charleston, S.C., Doctor of the Day.

At 1:30 P.M., Senator ANDERSON requested a leave of absence, beginning at 3:00 P.M., for the balance of the day.

At 2:00 P.M., Senator LEVENTIS requested a leave of absence from 4:30 - 7:30 P.M.

At 2:00 P.M., Senator VERDIN requested a leave of absence until 4:30 P.M.

Ladies and Gentlemen of the Senate, it is my pleasure to have here today for an introduction one of our Hunley Commission Members, Mr. William L. Schachte, Jr., who is a retired U.S. Navy Rear Admiral, who has been very instrumental in going to Washington and eventually getting the H.L. Hunley into custody. He is what we call our backchanneler. He handled all of our negotiations behind the scenes and has backchanneled everything through the development of the Hunley project.

He is here and is with a friend and business associate, Mr. Sam Box, who is President and CEO of Foster Wheeler Environmental Corporation. They are here in the balcony. If they could please stand so that the Senate can recognize them.

Senator MOORE: If I may, we are glad to have you. Foster Wheeler is a great group. I have some information and knowledge about them and they are a great group.

(On motion of Senator MOORE, with unanimous consent, ordered printed in the Journal.)

The following were introduced:

S. 1043 (Word version) -- Senator Land: A SENATE RESOLUTION TO RECOGNIZE AND CELEBRATE THE EXTRAORDINARY LIFE AND WORK OF CIVIL RIGHTS ACTIVIST, COMMUNITY LEADER, AND FAMILY MAN, JAMES T. MCCAIN OF SUMTER, AND SINCERELY EXTEND BEST WISHES TO HIM AS HE CELEBRATES HIS NINETY-SEVENTH BIRTHDAY ON MARCH 8, 2002.
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The Senate Resolution was adopted.

S. 1044 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO CELEBRATE THE STORIED HISTORY AND DEVELOPMENT OF LEE COUNTY, SOUTH CAROLINA, AND TO CONGRATULATE LEE COUNTY AND ALL ITS CITIZENS ON THE OCCASION OF ITS ONE HUNDREDTH BIRTHDAY ON FEBRUARY 25, 2002.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1045 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1046 (Word version) -- Senators Anderson, Fair, Jackson and Verdin: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE SALE OF LOTTERY TICKETS, SO AS TO PROHIBIT THE SALE OF LOTTERY TICKETS ON SUNDAY.
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Read the first time and referred to the Committee on Judiciary.

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

S. 1048 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
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Read the first time and referred to the Committee on Judiciary.

S. 1049 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-67 SO AS TO PROHIBIT THE INSTALLATION OR REPAIR OF EXTERIOR LATH AND PLASTER OR EXTERIOR INSULATION FINISH SYSTEMS, UNLESS PERFORMED BY A CERTIFIED CONTRACTOR OR RESIDENTIAL SPECIALTY CONTRACTOR; TO AMEND SECTION 40-11-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO DEFINE "EXTERIOR INSULATION FINISHING SYSTEMS"; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST GENERAL CONTRACTORS, SO AS TO INCLUDE AS ADDITIONAL GROUNDS THE INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS IN EXTERIOR INSULATION FINISH SYSTEMS OR THE FAILURE TO USE CODE APPROVED MATERIALS IN THESE SYSTEMS; TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS AND SECTION 40-59-15, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, BOTH SO AS TO INCLUDE EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS INSTALLERS AND REPAIRERS AS A SUBCLASSIFICATION AND SPECIALTY, RESPECTIVELY; BY ADDING SECTION 40-59-18 SO AS TO DEFINE EXTERIOR INSULATION FINISHING SYSTEMS FOR PURPOSES OF THE CHAPTER LICENSING AND REGULATING RESIDENTIAL HOME BUILDERS; TO AMEND SECTION 40-59-77, AS AMENDED, RELATING TO CLASSIFICATION OF RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO PROVIDE QUALIFICATIONS FOR SUCH CONTRACTORS IN EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS; TO AMEND SECTIONS 40-59-90 AND 40-59-95, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO SANCTIONS THAT MAY BE TAKEN AGAINST RESIDENTIAL HOME BUILDERS BY THE RESIDENTIAL BUILDERS COMMISSION AND THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO EXTEND THE AUTHORITY TO APPLY SANCTIONS FROM SECTION 40-1-120 TO BOTH THE COMMISSION AND THE DIRECTOR; AND TO AMEND SECTION 40-59-200, RELATING TO HOME INSPECTIONS CONDUCTED BY LICENSED HOME INSPECTORS, SO AS TO INCLUDE FLASHING INSPECTIONS AND INSPECTION OF EXTERIOR INSULATION FINISHING SYSTEMS IN THE DEFINITION OF "HOME INSPECTION".
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1050 (Word version) -- Senator Hayes: 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 10 SO AS TO DEFINE ALL-TERRAIN VEHICLE, AND PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
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Read the first time and referred to the Committee on Transportation.

S. 1051 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED.
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Read the first time and referred to the Committee on Transportation.

S. 1052 (Word version) -- Senator Glover: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION SO AS TO AUTHORIZE THE BOARD TO LEVY ADDITIONAL MILLAGE IN MARION COUNTY SCHOOL DISTRICT SEVEN FOR PAYMENT BY MARION COUNTY SCHOOL DISTRICT SEVEN FOR USE OF SCHOOL FACILITIES LOCATED IN THE DISTRICT WHICH ARE TO BE ACQUIRED BY THE MARION COUNTY BOARD OF EDUCATION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4317 (Word version) -- Reps. Altman, Talley and Campsen: A JOINT RESOLUTION ESTABLISHING THE MOTOR VEHICLE SERVICES PRIVATIZATION FEASIBILITY STUDY COMMITTEE, PROVIDING FOR ITS MEMBERSHIP AND DUTIES, AND REQUIRING THE COMMITTEE TO REPORT ITS FINDINGS WITH RECOMMENDATIONS, IF ANY, TO THE GENERAL ASSEMBLY AND GOVERNOR NO LATER THAN FEBRUARY 15, 2002.

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

H. 4494 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTIONS 56-3-1750 AND 56-3-1760, BOTH AS AMENDED, AND SECTION 56-3-1770, RELATING TO UNITED STATES MILITARY RESERVE SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT MORE THAN ONE LICENSE PLATE MAY BE ISSUED TO AN ACTIVE OR RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, THAT SUFFICIENT FEES COLLECTED FROM THE ISSUANCE OF THESE LICENSE PLATES MUST BE PLACED IN A RESTRICTED ACCOUNT AND USED TO DEFRAY THE EXPENSE OF PRODUCING THE LICENSE PLATES, THAT LICENSE PLATES ISSUED TO RETIRED MEMBERS OF THE UNITED STATES MILITARY RESERVE SHALL HAVE IMPRINTED ON THEM OR A DECAL AFFIXED TO THEM THE WORD "RETIRED" OR AN ABBREVIATION SELECTED BY THE DEPARTMENT, AND TO PROVIDE THAT IF A HOLDER OF THIS SPECIAL LICENSE PLATE CEASES TO BE A RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, HE MUST RETURN THE SPECIAL LICENSE PLATE TO THE DEPARTMENT OF PUBLIC SAFETY.

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

H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.

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

H. 4758 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO REQUIRE SLED TO SUBMIT FINGERPRINT CARDS, RECEIVED IN CONNECTION WITH SECURITY, INVESTIGATION, AND WEAPON LICENSE AND PERMIT APPLICATIONS, RESPECTIVELY, TO THE FEDERAL BUREAU OF INVESTIGATION TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK OF THE APPLICANT; TO AMEND SECTIONS 40-18-50 AND 40-18-70, RELATING TO CONTRACT SECURITY BUSINESS LICENSE REQUIREMENTS AND PRIVATE INVESTIGATOR LICENSE REQUIREMENTS, RESPECTIVELY, SO AS TO DELETE PROVISIONS REQUIRING A BOND TO PAY A PERSON'S LOSS AS A RESULT OF A LICENSEE'S VIOLATION OF CERTAIN LAWS OR REGULATIONS, PROVISIONS AUTHORIZING A PERSON TO INITIATE AN ACTION AGAINST THE LICENSEE OR THE LICENSEE'S INSURER, AND TEMPORARY PROVISIONS NO LONGER APPLICABLE; AND TO AMEND SECTION 40-18-100, RELATING TO SECURITY WEAPONS PERMIT APPLICATION REQUIREMENTS, SO AS TO REQUIRE AN APPLICANT TO SUBMIT A SET OF FINGERPRINTS TO BE USED TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK.

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

H. 4763 (Word version) -- Rep. Snow: A JOINT RESOLUTION EXTENDING THE PAYMENT DUE DATE OF THE 2001 REAL PROPERTY TAXES IN WILLIAMSBURG COUNTY FROM JANUARY 31, 2002, TO FEBRUARY 28, 2002, AS A RESULT OF A COMPUTER MALFUNCTION.

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

H. 4782 (Word version) -- Reps. Barrett, Webb, Trotter, Robinson and Rice: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO CHIEF LONNIE JO SAXON FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY IN THE AREA OF LAW ENFORCEMENT, AND WISHING HIM MUCH SUCCESS AND HAPPINESS UPON HIS RETIREMENT.

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

H. 4784 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.

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

H. 4785 (Word version) -- Reps. Klauber, 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, 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, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE.

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

H. 4789 (Word version) -- Reps. Talley, Allison, Davenport, Lee, Littlejohn, Sinclair, W.D. Smith and Walker: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS DEEPEST APPRECIATION TO THE SPARTANBURG COUNTY FOUNDATION, ITS TRUSTEES, CONSTITUENTS, AND STAFF FOR ITS OUTSTANDING AND GENEROUS INVESTMENT IN OUR SCHOOLS, AND FOR THIS PIONEERING PUBLIC-PRIVATE PARTNERSHIP INVESTMENT IN OUR FUTURE THROUGH THE EDUCATION OF OUR YOUTH.

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

H. 4790 (Word version) -- Reps. J.H. Neal, 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.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE VANESSA ALEXANDRA MENDOZA, OF UNGUIA, CHOCO, COLOMBIA, SOUTH AMERICA, UPON WINNING THE COVETED CROWN AND TITLE OF "MISS COLOMBIA" IN THE 2001-2002 MISS COLOMBIA BEAUTY PAGEANT, TO ESPECIALLY COMMEND HER ON BEING THE FIRST BLACK WOMAN TO BECOME "MISS COLOMBIA", AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

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

An invitation from the MUNICIPAL ASSOCIATION OF SOUTH CAROLINA to attend a reception at the Adam's Mark Hotel on Wednesday, February 27, 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 SOUTH CAROLINA COUNCIL OF ALCOHOL AND DRUG ABUSE AUTHORITIES to attend a breakfast drop-in at the Clarion Town House on Thursday, February 28, 2002, from 8:00 until 9:00 A.M.

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

Columbia, S.C., February 21, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., February 21, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4475 (Word version) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J.E. Smith and Bingham: A BILL TO AMEND CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 20, SO AS TO REQUIRE BOARDS AND COMMISSIONS TO REPORT RESIGNATIONS AND VACANCIES AS WELL AS THE NAMES OF NEW MEMBERS TO THE SECRETARY OF STATE WITHIN TWO WEEKS OF THE APPOINTMENT, ELECTION, OR VACANCY; AND TO AMEND SECTION 1-5-40, RELATING TO THE DUTIES OF THE SECRETARY OF STATE, SO AS TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN AS A PUBLIC RECORD THE INFORMATION RECEIVED FROM STATE BOARDS AND COMMISSIONS CONCERNING THEIR MEMBERSHIPS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

S. 1035 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR JONATHAN DUMLER OF BEAUFORT COUNTY AS A RECIPIENT OF A PRUDENTIAL SPIRIT OF COMMUNITY AWARD AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.

Returned with concurrence.

Received as information.

S. 1037 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION SALUTING JOHN TRAVIS BODENHEIMER OF AIKEN COUNTY UPON HIS RETIREMENT FROM THE PRACTICE OF LAW IN AIKEN FOR OVER FORTY YEARS, AND RECOGNIZING HIM FOR HIS CONTRIBUTIONS TO HIS COMMUNITY AND HIS UNTIRING EXEMPLARY SERVICE TO OTHERS.

Returned with concurrence.

Received as information.

S. 1038 (Word version) -- Senators Leatherman, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, 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 CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE.

Returned with concurrence.

Received as information.

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

H. 4121 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT MEMBERS OF THE CALHOUN COUNTY TRANSPORTATION COMMITTEE IN PERFORMANCE OF THEIR DUTIES BE PAID FIFTY DOLLARS FOR EACH MEETING A MEMBER ATTENDS.

By prior motion of Senator LAND

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

S. 520 (Word version) -- Senator Patterson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

By prior motion of Senator PATTERSON

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J.E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P-1A (3307R002.JHR) proposed by Senators RITCHIE, MARTIN and LEATHERMAN and previously printed in the Journal of Wednesday, February 20, 2002.

Senator MOORE argued contra to the adoption of amendment.

At 1:24 P.M.,   Senator HAYES assumed the Chair.

Senator MOORE argued contra to the adoption of the amendment.

At 2:00 P.M., Senator MARTIN moved under Rule 3B to send for the absentee members.

The motion was adopted and Rule 3B was invoked.

Senator MOORE argued contra to the adoption of the amendment.

With Senator MOORE retaining the floor, Senator HOLLAND asked unanimous consent to make a motion that the Senate stand adjourned.

Senator MARTIN objected.

Senator MOORE argued contra to the adoption of the amendment.

At 2:07 P.M., with Senator MOORE retaining the floor, on motion of Senator J. VERNE SMITH, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 2:17 P.M., the Senate resumed.

Senator MOORE argued contra to the adoption of the amendment.

With Senator MOORE retaining the floor, Senator McCONNELL asked unanimous consent to make a motion that, when the Senate stands adjourned, it stand adjourned to meet at 11:00 A.M. on Friday, February 22, 2002, for local and uncontested matters that have the unanimous consent of the affected delegation to be taken up; and further, that, when the Senate stands adjourned on Friday, February 22, 2002, it stand adjourned to meet at 12:00 Noon on Tuesday, February 26, 2002, with the understanding that pending consideration of the Interrupted Debate, H. 3307, only absences for members with pressing medical reasons will be granted.

There was no objection and the motion was adopted.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator MOORE retaining the floor.

Senator McCONNELL moved that, when the Senate adjourns on Friday, February 22, 2002, it stand adjourned to meet next Tuesday, February 26, 2002, at 12:00 Noon, which motion was adopted.

At 2:24 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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