Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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 the words of Isaiah who also labored under stress, Chapter 62:1:

"For Zion's sake I will not keep silent, and for Jerusalem's sake I will not rest..."
Let us pray.

Father, Isaiah sought strength to persevere for his people. His words bring to mind the words of the poet Coleridge when he said:

"Be not afraid to pray; to pray is right.

Pray, if thou canst, with hope,

But ever pray..."

Lord, God of us all, lead us from the altar of our prayers to the anvil of our labors... in hope.
Amen.

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

Senator SETZLER introduced Dr. Tyrone McElveen of Ridgeland, S.C., Doctor of the Day.

Senator PINCKNEY asked unanimous consent to make a motion to request a leave of absence tomorrow and the legislative days of next week.

Senator McCONNELL objected.

At 10:18 A.M., Senator McCONNELL 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 12:30 P.M.

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

S. 1020 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 1020.

S. 994 (Word version) -- Senators Thomas, McConnell, J. Verne Smith, Matthews, Patterson, Hayes, Jackson, Short, Ravenel, Reese, Drummond and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; BY ADDING SECTION 37-10-109 SO AS TO PROHIBIT A LENDER FROM KNOWINGLY ENGAGING IN FLIPPING A HOME LOAN AND TO DEFINE "FLIPPING" AND "HOME LOAN"; BY ADDING SECTION 37-10-111 SO AS TO PROVIDE THAT A LENDER WHO EXTENDS A HOME LOAN SECURED BY A LIEN ON REAL ESTATE MAY NOT PAY A RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR FOR THE REPAIR, IMPROVEMENT, OR REIMPROVEMENT OF A RESIDENCE FROM THE PROCEEDS OF THE HOME LOAN UNLESS CERTAIN CONDITIONS ARE MET AND TO DEFINE "HOME LOAN"; BY ADDING SECTION 37-10-113 SO AS TO LIMIT THE IMPOSITION OF CHARGES FOR POINTS AND FEES IN CONNECTION WITH A LOAN MADE BY A CONSUMER LENDER AND A MORTGAGE LOAN BROKER AND TO DEFINE "POINTS AND FEES" AND "TOTAL LOAN AMOUNT"; BY ADDING SECTION 37-10-115 SO AS TO PROVIDE THAT A CREDIT SALE OR LOAN SECURED BY THE SOUTH CAROLINA DWELLING PLACE OF THE PURCHASER OR BORROWER IS COVERED BY SOUTH CAROLINA LAW; BY ADDING SECTIONS 37-2-417, 37-3-413, AND 37-10-117, ALL SO AS TO PROHIBIT THE FINANCING OF CERTAIN INSURANCE PREMIUMS OR DEBT CANCELLATION OR SUSPENSION PAYMENTS IN CONNECTION WITH A CREDIT SALE OR LOAN SECURED BY A HOME; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; TO AMEND SECTION 37-10-105, AS AMENDED, RELATING TO DEBTOR REMEDIES IN CERTAIN LOANS, SO AS TO INCLUDE CERTAIN FACTORS ON WHICH THE COURT MAY BASE A FINDING THAT THE LOAN IS UNCONSCIONABLE; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN FINANCE CHARGE LIMITS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS AND TO PROVIDE FOR AN ABSOLUTE LIMIT OF THIRTY-SIX PERCENT ON THE PAYOFF BALANCE AT MATURITY.

On motion of Senator RANKIN, with unanimous consent, the name of Senator RANKIN was added as a co-sponsor of S. 994.

S. 930 (Word version) -- Senators Ryberg, Branton, Fair, Hawkins, Hayes, Leatherman, Martin, McConnell, Peeler, Ritchie, Thomas, Verdin and Waldrep: A BILL TO AMEND CHAPTER 20, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, SO AS TO RENAME CHAPTER 20, TITLE 23 "LAW ENFORCEMENT COOPERATION, ASSISTANCE, AND MUTUAL SUPPORT"; TO DESIGNATE SECTIONS 23-20-10 THROUGH 23-20-60 AS ARTICLE 1 OF CHAPTER 20, TITLE 23, ENTITLED THE "LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT" AND AMEND SECTIONS 23-20-10 THROUGH 23-20-60 TO CONFORM BY STRIKING "CHAPTER" AND INSERTING "ARTICLE" AS APPROPRIATE; AND TO FURTHER AMEND CHAPTER 20, TITLE 23, BY ADDING ARTICLE 3 SO AS TO ENACT THE "ILLEGAL ALIEN ENFORCEMENT ACT" AND PROVIDE THAT, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICIALS IN THIS STATE, AND ANY OTHER PERSON HAVING THE POWER OF ARREST IN THIS STATE, ARE AUTHORIZED TO ARREST AND DETAIN AN INDIVIDUAL FOR A CRIMINAL VIOLATION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT AND ANY FEDERAL LAW RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES; TO PROVIDE CERTAIN LIMITATIONS ON THE EXERCISE OF THE AUTHORITY TO ARREST AND DETAIN CERTAIN ILLEGAL ALIENS GRANTED BY THIS ARTICLE; AND TO PROVIDE THAT THIS ARTICLE MUST BE CONSTRUED CONSISTENT WITH THE PURPOSE OF AUTHORIZING THE ARREST AND DETENTION OF CERTAIN ALIENS ILLEGALLY PRESENT IN THE UNITED STATES INCIDENT TO ENFORCEMENT OF THE FEDERAL IMMIGRATION AND NATURALIZATION ACT AND FEDERAL LAWS RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES.

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was removed as a co-sponsor of S. 930.

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.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee.

On motion of Senator McCONNELL, with unanimous consent, the Bill was ordered placed on the second reading Calendar.

There was no objection.

The following were introduced:

S. 1059 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, THE STATEMENT OF ACCOUNT WHICH MUST BE SERVED ON THE OWNER TO PRESERVE THE LIEN, AND THE CONTENTS OF THE STATEMENT, SO AS TO CHANGE FROM NINETY DAYS TO ONE HUNDRED TWENTY DAYS THE TIME PERIOD FOR SERVICE AND FILING UNDER THIS SECTION AND PROVIDE FOR THE ACCRUAL OF INTEREST UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1060 (Word version) -- Senators Grooms, Moore, Anderson, Drummond, Elliott, Ford, Glover, Holland, Hutto, Jackson, Land, Leventis, Matthews, McGill, O'Dell, Patterson, Pinckney, Rankin, Reese, Saleeby, Setzler and Short: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE BONDS FOR THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH FOR THE CONSTRUCTION OF A VETERANS NURSING HOME LOCATED IN COLLETON COUNTY AND TO CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT OF THESE BONDS TO THE ADDITIONAL AMOUNT AUTHORIZED IN THIS ACT.
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Senator GROOMS spoke on the Bill.

Senator MOORE asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator LEATHERMAN objected.

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

S. 1061 (Word version) -- Senators Ravenel, Hutto, McConnell and Giese: A BILL TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.
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Senator RAVENEL spoke on the Bill.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1062 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO DROUGHT PLANNING RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2630, 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. 1063 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WMA'S, DESIGNATED AS REGULATION DOCUMENT NUMBER 2657, 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. 1064 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2637, 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. 1065 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TROUT HARVEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2690, 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. 1066 (Word version) -- Senators Grooms, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, 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, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION COMMENDING DR. SAMUEL O. SCHUMANN, SR. OF BERKELEY COUNTY FOR HIS DISTINGUISHED CAREER AS A DEDICATED AND CARING PHYSICIAN, AND CONGRATULATING HIM ON THE OCCASION OF HAVING SUNDAY, MARCH 3, 2002, PROCLAIMED "DR. SAMUEL O. SCHUMANN, SR. DAY" IN ST. STEPHEN, SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1067 (Word version) -- Senator Moore: A SENATE RESOLUTION CONGRATULATING MRS. DAISY ASHLEY NEWSOME OF AIKEN COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND EXTENDING BEST WISHES TO THIS LOVELY SOUTHERN LADY AND REMARKABLE SOUTH CAROLINA NATIVE.
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The Senate Resolution was adopted.

H. 3009 (Word version) -- Reps. Campsen, Wilder, Altman, Davenport, Walker, Simrill, Meacham-Richardson, J. Young, McGee, Sandifer, Stille, Cotty, Harrison, Wilkins, McLeod and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.

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

H. 4806 (Word version) -- Rep. Rice: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO REPRESENTATIVE ALFRED B. "AL" ROBINSON, JR., FOR HIS UNMATICHED DEDICATION AND DILIGENCE IN PURSUIT OF FAIRNESS AND ACCOUNTABILITY FOR THE CITIZENS OF PICKENS COUNTY AND THE STATE OF SOUTH CAROLINA THROUGH HIS TIRELESS LEBISLATIVE IFFORTS ON THEIR BEHALF.

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

H. 4809 (Word version) -- Reps. Govan and Ott: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE SUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF JAMES ELMORE, SR., OF ORANGEBURG COUNTY AND TO CELEBRATE HIS VARIED CONTRIBUTIONS TO THE STATE.

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

H. 4810 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO THANK DR. LEE ROYCE FOR HIS LEADERSHIP IN, AND CONTRUBUTIONS TO, HIGHER EDUCATION IN SOUTH CAROLINA AS PRESIDENT OF ANDERSON COLLEGE, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS NEW POSITION AS PRESIDENT OF MISSISSIPPI COLLEGE.

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

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

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

Ordered for consideration tomorrow.

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

S. 969 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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."

Ordered for consideration tomorrow.

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

H. 4522 (Word version) -- Reps. Ott, Sharpe and Witherspoon: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO REQUIRE THE UNITED STATES FISH AND WILDLIFE SERVICE PROVIDE THE STATE OF SOUTH CAROLINA AND THE ATLANTIC FLYWAY STATES WITH THE SAME WATERFOWL SEASON FRAMEWORK AFFORDED THE SIX STATES IN THE LOWER MISSISSIPPI FLYWAY, AND TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR AGGRESSIVELY PURSUING THE REGULATORY OPTIONS NECESSARY TO PROVIDE HUNTERS IN SOUTH CAROLINA WITH THE SAME WATERFOWL HUNTING OPPORTUNITIES AFFORDED TO HUNTERS IN OTHER STATES.

Ordered for consideration tomorrow.

Columbia, S.C., February 19, 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:

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)
Very respectfully,
Speaker of the House

Received as information.

On motion of Senator FAIR, the Senate insisted upon its amendments to H. 3141 and asked for a Committee of Conference.

Whereupon, Senators HUTTO, WALDREP and McCONNELL 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., February 27, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Harrison, F. Smith and Delleney to the Committee of Conference on the part of the House on:

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)
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., February 26, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3510 (Word version) -- Reps. McLeod, Davenport, Lourie and Scott: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE POWERS OF THE BOARD IN GRANTING LICENSURE TO NONRESIDENTS; AND TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., February 26, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 134 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

S. 856 (Word version) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.

The House returned the Bill with amendments.

Senator MARTIN explained the House amendment.

On motion of Senator MARTIN, 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. 1058 (Word version) -- Senators Alexander and Giese: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WAYNE ALAN PEACOCK OF MOUNTAIN REST ON TUESDAY, FEBRUARY 19, 2002, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

Returned with concurrence.

Received as information.

S. 1066 (Word version) -- Senators Grooms, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, 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, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION COMMENDING DR. SAMUEL O. SCHUMANN, SR., OF BERKELEY COUNTY FOR HIS DISTINGUISHED CAREER AS A DEDICATED AND CARING PHYSICIAN, AND CONGRATULATING HIM ON THE OCCASION OF HAVING SUNDAY, MARCH 3, 2002, PROCLAIMED "DR. SAMUEL O. SCHUMANN, SR., DAY" IN ST. STEPHEN, SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

Senator THOMAS objected to consideration of all the uncontested Bills on the Statewide Calendar.

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 the 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 spoke on the Bill.

On motion of Senator THOMAS, with unanimous consent, the members of the Committee on Banking and Insurance were granted leave to attend a public hearing in the Gressette Building, be notified of any roll call votes and be given sufficient time to return to the Chamber in order to participate in the votes.

There was no objection and the motion was adopted.

Senator MOORE spoke on the Bill.

Senator HUTTO argued contra to the adoption of the amendment.

At 10:42 A.M., Senator McCONNELL assumed the Chair.

Senator HUTTO argued contra to the adoption of the amendment.

At 12:15 P.M., with Senator HUTTO retaining the floor and subject to the prior motion to ratify acts, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business until 1:30 P.M.

On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by the recess, with Senator HUTTO retaining the floor.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 27, 2002, at 12:30 P.M. and the following Acts and Joint Resolutions were ratified:

(R182, S. 45 (Word version)) -- Senators Land, Ford, Mescher, Giese, Reese, Rankin and Branton: AN ACT TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO SPECIFY THAT THE REPRESENTATIVE ON THE COUNCIL FROM THE MANUFACTURED HOUSING INSTITUTE MUST BE A REPRESENTATIVE OF THE MODULAR BUILDING INDUSTRY AND TO ADD A CODE ENFORCEMENT OFFICER TO THE MEMBERSHIP OF THE COUNCIL, TO MAKE ALL MEMBERS VOTING MEMBERS, AND TO PROVIDE THAT THE COUNCIL MUST MEET AT LEAST TWO TIMES A YEAR.
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(R183, S. 92 (Word version)) -- Senators Wilson, Thomas, Reese, Rankin and Branton: AN ACT TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.
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(R184, S. 134 (Word version)) -- Senator Holland: AN ACT TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.
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(R185, S. 478 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 17-25-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF A LIFE SENTENCE UPON A PERSON CONVICTED OF CRIMES CLASSIFIED AS MOST SERIOUS OR SERIOUS OFFENSES, SO AS TO ADD ABUSE OR NEGLECT OF A VULNERABLE ADULT THAT RESULTS IN DEATH TO THE LIST OF MOST SERIOUS OFFENSES, AND TO ADD ABUSE OR NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN GREAT BODILY INJURY TO THE LIST OF SERIOUS OFFENSES; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT BOTH "NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN DEATH" AND "ABUSE OR NEGLECT OF A VULNERABLE ADULT WHICH RESULTS IN GREAT BODILY INJURY" ARE VIOLENT CRIMES.
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(R186, S. 902 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
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(R187, S. 959 (Word version)) -- Senator McGill: AN ACT TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE HORRY-GEORGETOWN COMMISSION FOR TECHNICAL EDUCATION, AND PROVIDE THAT APPOINTMENTS TO THIS COMMISSION BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
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(R188, H. 3361 (Word version)) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: AN ACT TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1910, AS AMENDED, RELATING TO SALTWATER RECREATIONAL FISHING STAMPS AND LICENSES, SO AS TO PROVIDE THAT NO PERSON SIXTEEN YEARS OF AGE OR OLDER MAY ENGAGE IN FISHING FOR RECREATION IN SOUTH CAROLINA SALT WATERS WITHOUT A SALTWATER RECREATIONAL FISHERIES LICENSE OR A TEMPORARY SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 50-5-1920, AS AMENDED, RELATING TO CERTAIN FISHING STAMPS AND LICENSES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE ANNUAL AND TEMPORARY RESIDENT AND NONRESIDENT SALTWATER RECREATIONAL FISHING LICENSES, ANNUAL SALTWATER PUBLIC FISHING PIER LICENSES, ANNUAL CHARTER FISHING VESSEL LICENSE, AND FOR THE USE OF REVENUE ATTRIBUTABLE TO CERTAIN LICENSE FEE INCREASES BEGINNING JULY 1, 2002; TO AMEND SECTION 50-5-1930, AS AMENDED, RELATING TO RECOGNITION OF CERTAIN STAMPS ISSUED BY OTHER STATES, SO AS TO PROVIDE THAT, IF A COASTAL STATE WHICH HAS OR ESTABLISHES A SALTWATER RECREATIONAL FISHERIES LICENSE RECOGNIZES THE VALIDITY OF A SOUTH CAROLINA SALTWATER RECREATIONAL FISHERIES LICENSE, SOUTH CAROLINA MUST RECOGNIZE THE VALIDITY OF A CORRESPONDING LICENSE HELD BY RESIDENTS OF THAT STATE; TO AMEND SECTION 50-5-1935, AS AMENDED, RELATING TO COMMEMORATIVE STAMPS, SO AS TO PROVIDE THAT STAMPS PRODUCED AND SOLD AS COMMEMORATIVE OR COLLECTORS ITEMS DO NOT AUTHORIZE RECREATIONAL FISHING; TO AMEND SECTION 50-5-1940, RELATING TO CREATION AND DESIGN OF STAMPS, LICENSES, PRINTS, AND RELATED ARTICLES, BY DELETING "SHALL" AND INSERTING "MAY" SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY CREATE AND DESIGN STAMPS, LICENSES, SALTWATER RECREATIONAL FISHERIES PRINTS, AND RELATED ARTICLES; AND TO AMEND SECTION 50-5-1950, RELATING TO THE SALTWATER RECREATIONAL FISHERIES ADVISORY COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING ONE MEMBER EACH FROM DORCHESTER AND BERKELEY COUNTIES.
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(R189, H. 3633 (Word version)) -- Reps. D.C. Smith and J.R. Smith: AN ACT TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.
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(R190, H. 3806 (Word version)) -- Rep. Hayes: AN ACT TO AMEND SECTION 7-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DILLON COUNTY VOTING PRECINCTS, SO AS TO PROVIDE THE DILLON COUNTY ELECTION COMMISSION MUST ESTABLISH THE POLLING PLACES FOR THE PRECINCTS WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE REPRESENTATIVES REPRESENTING DILLON COUNTY.
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(R191, H. 3933 (Word version)) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: AN ACT TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE TIME DURING A DAY A HOLDER OF A BEGINNER'S PERMIT MAY OPERATE A VEHICLE AND THE PERIOD OF TIME HE MUST HOLD THE PERMIT BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE THE PROVISION THAT SPECIFIES WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO SUBSTITUTE THE TERM "CONDITIONAL DRIVER'S LICENSE" FOR "PROVISIONAL DRIVER'S LICENSE", TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE IN ADDITION TO SEVERAL OTHER REQUIREMENTS BEFORE HE CAN BE ISSUED A CONDITIONAL DRIVER'S LICENSE, AND TO LIMIT THE NUMBER OF PASSENGERS A HOLDER OF A CONDITIONAL DRIVER'S LICENSE MAY TRANSPORT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO SUBSTITUTE "CONDITIONAL DRIVER'S LICENSE" FOR "PROVISIONAL DRIVER'S LICENSE", TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, TO REVISE THE TYPES OF EDUCATIONAL INSTITUTIONS IN WHICH A PERSON MUST BE ENROLLED TO BE ELIGIBLE TO BE ISSUED A CONDITIONAL DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE TO INCLUDE HOME SCHOOLS; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER LICENSE, SO AS TO REVISE THE CONDITIONS A PERSON MUST MEET BEFORE HE MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS WHO ARE LESS THAN TWENTY-ONE YEARS OF AGE WHO MAY BE TRANSPORTED BY A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CONDITIONS, TO DEFINE "DRIVER TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL FOR PURPOSES OF ISSUING A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS; TO AMEND SECTION 56-1-185, AS AMENDED, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS PLACED ON A SPECIAL RESTRICTED DRIVER'S LICENSE PURSUANT TO A CONVICTION OF A POINT ASSESSABLE TRAFFIC OFFENSE, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A HOLDER OF A CONDITIONAL DRIVER'S LICENSE, TO PROVIDE THAT THE REMOVAL OF THE RESTRICTIONS MAY BE POSTPONED FOR A CONVICTION OF A TRAFFIC OFFENSE, TO REVISE THE PERIOD IN WHICH THE REMOVAL OF THE RESTRICTIONS MAY BE POSTPONED, AND TO REVISE THE CONDITIONS UPON WHICH THE PERSON IS ELIGIBLE TO OBTAIN A REGULAR DRIVER'S LICENSE; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO SUBSTITUTE "CONDITIONAL LICENSE" FOR "PROVISIONAL LICENSE", AND TO REVISE THE CONDITIONS UPON WHICH A PERSON MAY BE ISSUED A CONDITIONAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO THE EXAMINATION A PERSON MUST COMPLETE BEFORE BEING ISSUED A DRIVER'S LICENSE, AND THE CLASSIFICATIONS OF DRIVER'S LICENSES, SO AS TO SUBSTITUTE "CONDITIONAL LICENSE" FOR "PROVISIONAL LICENSE" AND "CONDITIONAL DRIVER'S LICENSE" FOR "PROVISIONAL DRIVER'S LICENSE"; AND BY ADDING SECTION 56-5-3900 SO AS TO PROVIDE THE CONDITIONS UPON WHICH A PERSON UNDER FIFTEEN YEARS OF AGE MAY BE TRANSPORTED IN THE OPEN BED OR OPEN CARGO AREA OF A PICKUP TRUCK OR TRAILER.
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(R192, H. 4351 (Word version)) -- Rep. Fleming: AN ACT TO REVISE THE MANNER IN WHICH MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES SHALL BE ELECTED BEGINNING IN 2002, INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH ONE MEMBER OF THE BOARD SHALL BE ELECTED ON A PHASED-IN BASIS, TO PROVIDE FOR THE SELECTION OF OFFICERS OF THE BOARD, AND TO REPEAL ACT 304 OF 1989 RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES.
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(R193, H. 4475 (Word version)) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J.E. Smith and Bingham: AN ACT 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.
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(R194, H. 4546 (Word version)) -- Rep. Miller: AN ACT 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; AND TO CHANGE THE TIME FOR TAKING SHAD IN A PORTION OF THE COMBAHEE RIVER FROM TUESDAY NOON TO THURSDAY NOON TO TUESDAY NOON TO FRIDAY NOON.
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(R195, H. 4552 (Word version)) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2002.
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(R196, H. 4553 (Word version)) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 15A, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2002.
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(R197, 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.
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(R198, H. 4649 (Word version)) -- Reps. Taylor and Wilder: AN ACT 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.
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(R199, 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.
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(R200, H. 3107 (Word version)) -- Reps. Huggins, W.D. Smith, Knotts and Bingham: AN ACT 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 SO AS TO PROVIDE 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 THE FEE FOR SUCH FILINGS, 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 TO DIRECT THE OFFICE OF COURT ADMINISTRATOR TO DESIGN APPROPRIATE LEGAL FORMS AND MAKE THESE FORMS AVAILABLE FOR JURISDICTION.
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(R201, H. 3510 (Word version)) -- Reps. McLeod, Davenport, Lourie and Scott: AN ACT TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE POWERS OF THE BOARD IN GRANTING LICENSURE TO NONRESIDENTS; AND TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION.
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(R202, H. 4121 (Word version)) -- Rep. Ott: AN ACT 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.
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The Senate reassembled, at 1:34 P.M., and was called to order by the ACTING PRESIDENT, Senator McCONNELL.

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 resumed consideration of the Bill, the question being the adoption of the Amendment No. P-1A (3307R002.JHR) proposed by Senators RITCHIE, MARTIN and LEATHERMAN and previously printed in the Journal of Wednesday, February 20, 2002. Amendment No. P-1A was later withdrawn.

Senator HUTTO argued contra to the adoption of the amendment.

At 1:59 P.M., the PRESIDENT assumed the Chair.

Senator HUTTO argued contra to the adoption of the amendment.

At 3:52 P.M., Senator McCONNELL assumed the Chair.

Senator HUTTO continued arguing contra to the adoption of the amendment.

At 4:00 P.M., Senator BRANTON assumed the Chair.

Senator HUTTO continued arguing contra to the adoption of the amendment.

At 5:36 P.M., with Senator HUTTO retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed thirty minutes.

At 6:05 P.M., the Senate resumed.

At 6:05 P.M., Senator BRANTON assumed the Chair.

At 6:06 P.M., with Senator HUTTO retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed thirty minutes.

At 6:33 P.M., the Senate resumed.

At 6:34 P.M., Senator HAYES assumed the Chair.

At 6:34 P.M., with Senator HUTTO retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business until 7:30 P.M.

The Senate reassembled, at 7:30 P.M., and was called to order by the ACTING PRESIDENT, Senator PEELER.

At 7:30 P.M., with Senator HUTTO retaining the floor, on motion of Senator GLOVER, with unanimous consent, the Senate receded from business not to exceed thirty minutes.

At 8:04 P.M., the Senate resumed.

At 8:04 P.M., Senator HAYES assumed the Chair.

At 8:05 P.M., with Senator HUTTO retaining the floor, on motion of Senator GROOMS, with unanimous consent, the Senate receded from business not to exceed thirty minutes.

At 8:35 P.M., the Senate resumed.

At 8:37 P.M., Senator ALEXANDER assumed the Chair.

At 8:38 P.M., with Senator HUTTO retaining the floor, on motion of Senator GROOMS, with unanimous consent, the Senate receded from business not to exceed thirty minutes.

At 10:10 P.M., the Senate resumed.

At 10:10 P.M., the PRESIDENT assumed the Chair.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. P-1A was withdrawn.

On motion of Senator McCONNELL, with unanimous consent, the remaining amendments to the Bill were withdrawn.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 15 was taken up for immediate consideration.

Senators J. VERNE SMITH, SETZLER, LEATHERMAN, MOORE, PEELER, MATTHEWS, MARTIN, SHORT and RITCHIE proposed the following Amendment No. 15 (JUD3307.024), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

TO APPROPRIATE FISCAL YEAR 2002-2003 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ACCORDANCE WITH THE PROVISIONS OF ACT 59 OF 2001; TO APPROPRIATE FISCAL YEAR 2002-2003 NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS IN EXCESS OF THE FISCAL YEAR 2002-2003 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS; TO APPROPRIATE FISCAL YEAR 2001-2002 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS; TO APPROPRIATE FISCAL YEAR 2001-2002 NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS IN EXCESS OF THE FISCAL YEAR 2001-2002 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS; TO APPROPRIATE UNCLAIMED PRIZE MONEY; AND TO REGULATE THE EXPENDITURE OF SUCH FUNDS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Fiscal year 2002-2003 certified net lottery proceeds and investment earnings of $127,000,000 are appropriated as follows:

(A)   Commission On Higher Education

(1)   Free Tuition Grants for Technical

Colleges and Two-Year Institutions   $48,213,838

(2)   LIFE Scholarships   $46,349,681

(3)   HOPE Scholarships   $8,736,000

(4)   Palmetto Fellows Scholarships   $7,080,000

(5)   Endowed Professorship Chairs   $9,500,000

(6)   Need-Based Grants   $2,120,481

(A.1)   Any unexpended funds appropriated for Endowed Professorship Chairs may be carried forward into fiscal year 2003-2004 and expended for the same purposes.

(A.2)   For fiscal year 2002-2003 the Higher Education Price Index of 4.8% must be used to determine the LIFE Scholarship and free tuition amounts.

(A.3)   The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items and between recurring and nonrecurring funds in order to ensure the timely receipt of scholarships and free tuition.

(B)   State Department of Education

(1)   School Buses   $5,000,000

TOTAL   $127,000,000

SECTION   1.   Fiscal year 2002-2003 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings of $127,000,000 are appropriated as follows, to the extent that funds are available:

(A)   Commission On Higher Education

(1)   Need-Based Grants   $2,000,000

(2)   National Guard Tuition Repayment Program   $1,500,000

(3)   Grants For Teachers   $2,000,000

(4)   Endowed Professorship Chairs   $4,500,000

(5)   College and University Technology

Grant Program   $6,000,000

(6)   Research and Technology

Grant - South Carolina State University   $3,000,000

(A.1)   Funds appropriated herein for need-based grants shall not be used to calculate the amount awarded for free tuition grants.

(A.2)   Funds appropriated for Research and Technology Grant - South Carolina State must be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens.

(A.3)   College and University Technology Grant Program funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants are to be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. Any unexpended funds may be carried forward into fiscal year 2002-2003 and expended for the same purposes in the following fiscal year.

(B)   State Board for Technical and Comprehensive Education

(1)   Technology Grant Program   $1,500,000

(B.1)   Technology Grant Program funds are to be used for technology upgrades across technical college system for support and development of technology.

(C)   Higher Education Tuition Grants Commission

(1) Tuition Grants   $2,500,000

TOTAL   $23,000,000

SECTION   1.   Fiscal Year 2001-2002 certified net lottery proceeds and investment earnings of $67,200,000 are appropriated as follows:

(A)   Commission on Higher Education

(1)   College and University Technology

Grant Program   $4,500,000

(2)   Endowed Professorship Chairs   $13,644,789

(3)   Historically Black Colleges and Universities   $3,000,000

(A.1)   Any unexpended funds appropriated for Endowed Professorship Chairs may be carried forward into fiscal year 2002-2003 and expended for the same purposes.

(A.2)   College and University Technology Grant Program funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. Any unexpended funds may be carried forward into fiscal year 2002-2003 and expended for the same purposes in the following fiscal year.

(A.3)   The Commission on Higher Education shall allocate funds appropriated for South Carolina's private historically black colleges and universities, as defined in 20 U.S. Code Section 1061, as amended, in an equal amount to each institution to be used by the institutions for construction and renovation projects.

(B)   State Board for Technical and Comprehensive Education

(1) Technology Grant Program   $1,500,000

(B.1)   Technology Grant Program funds are to be used for technology upgrades across the technical college system for the support and development of technology.

(C)   State Department of Education

(1)   Education Accountability Act of

1998   $7,844,211

(2)   K-12 School Technology   $5,000,000

(3)   School-based Pilot Programs $1,000,000

(4)   School Buses   $15,000,000

(C.1)   Funds appropriated for K-12 technology must be allocated as provided for in Section 59-150-390 of the 1976 Code, as amended.

(C.2)   School-based Pilot Programs must include the deregulation of any school district with an overall absolute or improved designation of average or better when requested by the district.

(C.3)   Of the funds appropriated for school buses, $600,000 shall be transferred to the School for the Deaf and Blind for the purchase of buses.

(D)   Higher Education Tuition Grants Commission

(1)   Tuition Grants   $1,211,000

(E)   South Carolina State Library

(1)   Public Library State Aid   $1,500,000

(F)   South Carolina Educational Television Commission

(1)   Digitalization   $13,000,000

TOTAL   $67,200,000

SECTION   1.   Fiscal Year 2001-2002 net lottery proceeds and investment earnings in excess of certified net lottery proceeds and investment earnings of $67,200,000 are appropriated to the following programs in whole or in part to the extent that funds are available and in the priority order herein established:

(A)   State Department of Education

(1)   Education Accountability Act of 1998   $13,444,789

(A.1)   Funds appropriated for the Education Accountability Act of 1998 must be used first to fully fund teacher specialists. Any funds remaining are to be used for retraining grants, external review teams, principal specialists, and/or the Palmetto Gold and Silver Awards Program.

(B)   South Carolina Educational Television Commission

(1)   Digitalization   $5,500,000

(C)   State Department of Education

(1)   School Buses   $10,000,000

(D)   Commission on Higher Education

(1)   Endowed Professorship Chairs   $2,355,211

(E) State Department of Education

(1)   Homework Centers $1,500,000

TOTAL   $32,800,000

SECTION   1.   Fiscal Year 2001-2002 and 2002-2003 unclaimed prize money of $7,000,000 is appropriated as follows:

(A)   State Department of Education

(1)   School Buses   $7,000,000

TOTAL   $7,000,000

(B)   The first $1,000,000 of revenue in excess of $7,000,000 must be appropriated to the Budget and Control Board to contract for services assisting in the prevention and treatment of gambling disorders as specified in Section 59-150-230(I). Any additional funds must be appropriated to the Department of Education for the purchase of school buses.

SECTION   1.   Unless otherwise provided, if expenditures for any of the educational purposes or programs enumerated in PARTS I, II, and III are less than the amounts authorized and appropriated, the unexpended portion of the authorized appropriation must be remitted to the State Treasurer to credit to the Education Lottery Account and is authorized in priority order for the following purposes:

(1)   to fully fund items as appropriated in PART IV of this act;

(2)   to the Commission on Higher Education to offset any lottery revenue shortfall in Hope and Palmetto Fellows Scholarships and free tuition at the technical and two-year colleges; and

(3)   to be carried forward and appropriated by the General Assembly for fiscal year 2003-2004.

SECTION   2.   If revenue received is less than the amount appropriated in PARTS I, II, or III, programs in the part realizing the deficit shall be reduced on a pro rata basis.

The Code Commissioner is directed to include all permanent general laws in this part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the code.

TO AMEND SECTION 59-149-10(D) AND (E), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, BY ADDING A THREE-HUNDRED-DOLLAR ANNUAL BOOK ALLOWANCE AT THE TECHNICAL AND TWO-YEAR COLLEGES; BY SETTING THE AMOUNT OF THE LIFE SCHOLARSHIP AT FOUR-YEAR PUBLIC AND PRIVATE COLLEGES AND UNIVERSITIES AT AN AMOUNT NOT TO EXCEED FOUR THOUSAND SEVEN HUNDRED DOLLARS PLUS THREE HUNDRED DOLLARS FOR BOOKS; AND BY DELETING THE WAIVER OF THE REQUIREMENT THAT ONLY STUDENTS GRADUATING AFTER MAY 1995 ARE ELIGIBLE.

Section 59-149-10(D) and (E) of the 1976 Code, as amended, is amended to read:

"(D)   Beginning with school year 2000-2001, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined herein is increased from the cost of attendance up to a maximum of two thousand dollars a year to the cost of attendance up to a maximum of three thousand dollars a year, and the annual amount of a LIFE Scholarship for eligible resident students attending a two-year public or independent institution as defined herein which includes state technical colleges is increased from the cost of attendance up to a maximum of one thousand dollars a year to the cost of tuition for thirty credit hours a year or its equivalent, plus a three hundred dollar per year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks.

(E)(1)   Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year institution as defined in this chapter is increased to the cost of tuition, not to exceed four thousand seven hundred dollars, for thirty credit hours a year or its equivalent plus a three-hundred-dollar per year book allowance. The cost of tuition for the purposes of awarding these scholarships shall be each institution's previous year's tuition increased by the Higher Education Price Index, as adopted by the Commission on Higher Education. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks except for the referenced three hundred-dollar book allowance.

(2)   Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year independent institution must be the cost of attendance up to a maximum of the average annual cost of tuition, as limited in subsection (E)(1) of this section, at the state's four-year public institutions of higher learning in the corresponding academic year.

(3)   Beginning with the school year 2002-2003, the requirement that high school completion be accomplished on or after May 1995, for eligibility for the LIFE Scholarship is waived."

TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO DELETE THE STIPULATION THAT STUDENTS GRADUATE FROM HIGH SCHOOL AFTER MAY OF 1995 IN ORDER TO BE ELIGIBLE FOR THE LIFE SCHOLARSHIP AND TO DELETE LANGUAGE PERTAINING TO RETAINING AND REGAINING THE SCHOLARSHIP.

Section 59-149-50 of the 1976 Code, as amended, is amended to read:

"Section 59-149-50.   (A)   To be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May, 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B).

(B)   Students receiving In order to retain a LIFE Scholarship to retain it and or to receive a LIFE Scholarship after the freshman year, students currently enrolled in an eligible institution to receive such a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60.

(C)   Students who were LIFE Scholarship recipients seeking a degree at such a public or independent institution of this State during their freshman or other year who failed to earn a cumulative 3.0 at the end of the term they attempted the requisite number of hours required by subsection (B) may regain eligibility if their cumulative grade average is a 3.0 at the end of the term they have attempted at least sixty hours if they are a sophomore or ninety hours if they are a junior.

(D)   Beginning with school year 2002-2003, an entering freshman at a four-year institution to be eligible for a LIFE Scholarship in addition to the other requirements of this chapter shall must meet two of the following three criteria:

(1)   have the grade point average required by this section;

(2)   have the Scholastic Aptitude Test (SAT) or equivalent ACT score required by this section; or

(3)   be in the top thirty percent of his high school graduating class.

For home school students and students whose high school graduating class is less than fifty students, the Commission on Higher Education may define alternative criteria for students to meet the requirement of item (3).

After receipt of a LIFE Scholarship by an entering freshman beginning with school year 2002-2003, a student shall meet the criteria established in this chapter to retain or regain the scholarship.

For an exceptionally gifted student who is accepted into college without having attended high school, the Commission on Higher Education shall must define alternative criteria for the student to qualify for a LIFE Scholarship."

TO AMEND SECTION 59-149-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DELETING THE REQUIREMENT THAT STUDENTS ENROLL IN AN ELIGIBLE INSTITUTION WITHIN TWO YEARS AFTER HIGH SCHOOL GRADUATION IN ORDER TO BE ELIGIBLE FOR THE LIFE SCHOLARSHIP.

Section 59-149-60 of the 1976 Code is amended to read:

"Section 59-149-60.   The student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in an eligible institution within two years of graduating from high school."

TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY PROHIBITING A TECHNICAL COLLEGE OR TWO-YEAR COLLEGE STUDENT FROM RECEIVING A LIFE SCHOLARSHIP IF RECEIVING FREE TUITION; TO CLARIFY THE RESPONSIBILITY FOR THE DEVELOPMENT OF REGULATIONS AS THEY PERTAIN TO FREE TUITION AT THE TECHNICAL AND TWO-YEAR COLLEGES; BY AMENDING THE DEFINITION OF TUITION; AND PROVIDING FOR THE DISTRIBUTION OF NEED-BASED FUNDS AND THE GRANTING OF FREE TUITION.

Section 59-150-360 of the 1976 Code is amended to read:

"Section 59-150-360.   (A)   A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, based on fiscal year 2001-2002 tuition at each public technical and two-year college increased by the Higher Education Price Index, as adopted by the Commission on Higher Education, a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the maximum highest 2001-2002 two-year in-state tuition rate's increase annually by the Higher Education Price Index at a two-year public institution. In order to qualify as a first time entering freshman and before attempting twenty-four academic credit hours, a student must:

(1)   be a South Carolina resident for a minimum of one year;

(2)   be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;

(3)   make reasonable progress toward completion of the requirements for the certificate, degree, or diploma program; and

(4)   complete a Free Application for Federal Student Aid (FAFSA) application; and

(5)   not be the recipient of a LIFE Scholarship.

The South Carolina State Board for Technical and Comprehensive Education or the Commission on Higher Education, as appropriate, may provide regulations for the implementation of this section. Regulations for implementation of this section are the responsibility of the South Carolina State Board for Technical and Comprehensive Education, for the technical college system, and the Commission on Higher Education for the two-year public and private institutions. These regulations must be developed in a coordinated effort and are to be interchangeable between each of the institutions affected.

(B)   For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a scholarship as provided in this chapter includes South Carolina two-year public institutions, as defined in Section 59-103-5, including branch campuses and two-year independent institutions, as defined in Section 59-113-50.

(C)   Institutions whose sole purpose is religious or theological training, or the granting of professional degrees, do not meet the definition of 'public or independent institution' for purposes of this chapter.

(D)   'Tuition' for purposes of this section means the amount charged for registering for credit hours of instruction and academic fees less all federal grants and need-based grants, except as provided for in subsection (I) and does not include other fees, charges, or costs of textbooks. The financial need of the student shall be the determining factor in the distribution of need-based grants and the amount received toward tuition.

(E)   Notwithstanding subsection (D), technical colleges and public two-year institutions may charge students an additional amount for academic or related fees not to exceed eight dollars per credit hour for academic fees, to offset any shortfall in lottery funding for free tuition , without increasing. This will not increase the fee reduction required by the Commission on Higher Education.

(F)   Each county must maintain its level of funding for technical colleges. If any county fails to maintain this level of funding for its technical college, the college may add, for students who reside in that county, an impact fee sufficient to offset the reduction in county funds.

(G)   In order for a student to retain eligibility after attempting twenty-four academic credit hours the student must have earned a grade point average of 2.0 or better on a 4.0 grading scale.

(H)   Students shall not be eligible to receive free tuition for more than one certificate, diploma, or degree within any five-year period.

(I)   For the purposes of this section, the percentage of each student's need-based grant that is attributable to net lottery proceeds must not be deducted from tuition."

TO AMEND SECTION 59-150-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY INCREASING THE AMOUNT OF THE HOPE SCHOLARSHIP TO FOUR THOUSAND DOLLARS AND TO SPECIFY THAT IT IS FOR THE FIRST YEAR OF ATTENDANCE ONLY AND FOR STUDENTS NOT RECEIVING THE LIFE OR PALMETTO FELLOWS SCHOLARSHIP; AND TO DEFINE THE QUALIFICATIONS FOR THE HOPE SCHOLARSHIP AS THE GRADE POINT AVERAGE REQUIRED FOR THE LIFE SCHOLARSHIP WITHOUT A SAT SCORE OR CLASS RANK REQUIREMENT.

Section 59-150-370 of the 1976 Code, as amended, is amended to read:

"Section 59-150-370.   (A)   SC HOPE Scholarships are hereby established and are provided by the State. These scholarships are authorized in an amount of up to $4,000 dollars and are to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of two thousand dollars per year, to eligible resident students attending four-year public and independent institutions as defined in subsection (B), during the first year of attendance only, to an eligible student attending a four-year public or independent institution as defined in subsection (B) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.

(B)   For purposes of this chapter, a 'public or independent institution' that a student may attend to receive an SC HOPE Scholarship includes the following:

(1)   a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50;

(2)   a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.

(C)   A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are is not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section.

(D)   These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).

(E)   The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section.

(F)   All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision."

TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE AMOUNT OF THE PALMETTO FELLOWS SCHOLARSHIP AS SEVEN THOUSAND FIVE HUNDRED DOLLARS AND LIMITING THE AMOUNT OF FUNDS RECEIVED TO THAT OF THE COST OF ATTENDANCE.

Section 59-104-20 of the 1976 Code, as amended, is amended to read:

"Section 59-104-20.   The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education not to exceed seven thousand five hundred dollars. These scholarships in combination with all other grants and scholarships shall not exceed the cost of attendance at the institution attended. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.

Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.

Of the funds made available for higher education Palmetto Fellows scholarships for any year, a percentage thereof must be allocated for students attending South Carolina independent colleges of higher learning in this State. This percentage must be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time enrollment (FTE) of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission."

TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, BY ADDING CHAPTER 75, SO AS TO ENACT THE "SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT", CREATING AN INCENTIVES PROGRAM FOR THE SENIOR RESEARCH UNIVERSITIES OF SOUTH CAROLINA CONSISTING OF CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA, THROUGH A MATCHING PROGRAM TO FUND ENDOWMENTS FOR PROFESSORSHIPS IN RESEARCH TARGETED TO CREATE WELL-PAYING JOBS AND ENHANCED ECONOMIC OPPORTUNITIES FOR THE PEOPLE OF SOUTH CAROLINA.

Chapter 75, Title 2 of the 1976 Code, as amended, is amended by adding:

Section 2-75-05.   (A)   This chapter is known and may be cited as the "South Carolina Research Centers of Economic Excellence Act".

(B)   The General Assembly finds that:

(1)   it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;

(2)   these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;

(3)   in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;

(4)   the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private sources sufficient to create endowed professorships;

(5)   these endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and

(6)   these endowed professorships, funded equally from the South Carolina Education Lottery and from other private sources, provide a foundation for the creation of centers of economic excellence.

Section 2-75-10.   There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years, and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for the awarding of matching funds as provided in Section 2-75-60 and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the Budget and Control Board, which shall include an audit performed by an independent auditor.

Section 2-75-20.   The presidents of the senior research universities shall serve as ex officio nonvoting members of the board.

Section 2-75-30.   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter.

Section 2-75-40.   The senior research universities, individually, in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment as provided in this chapter.

Section 2-75-50.   An application for an award from the endowment shall:

(1)   provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2)   provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;

(3)   be in an amount of not less than two million dollars and not more than five million dollars;

(4)   document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and

(5)   provide specific partnering activities with other institutions, businesses, or the community.

Section 2-75-60.   Upon a determination by the board that the provisions of Section 2-75-50 have been met, the board must appoint a panel of experts chosen from outside South Carolina for their expertise in the respective research field to review the application. The members appointed to the panel shall have no affiliation with the senior research universities. The panel will convene in the State to review the proposals and to conduct site visits to ensure that appropriate research infrastructure exists at the applying university. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award.

Section 2-75-70.   Staff and support for the operations of the board and the panels must be provided by the Commission on Higher Education. The Commission on Higher Education shall approve all necessary funds for the prudent operation of the board, including per diem expenses of board members and for the costs and expenses of the panel members. The expenditures authorized by this section must be provided from the fund created by Section 2-75-30 upon approval by the commission.

Section 2-75-80.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."

TO AMEND SECTION 59-150-350(D), CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, TO INCLUDE THE PURCHASE OF SCHOOL BUSES AND EDUCATIONAL TELEVISION DIGITALIZATION AS ITEMS THAT MUST BE FUNDED WITH NET LOTTERY PROCEEDS.

Section 59-150-350(D) of the 1976 Code, as amended, is amended to read:

"(D)   At the beginning of the first fiscal year after the state lottery becomes operational, the Comptroller General shall certify the amount of net proceeds including investment earnings on the net proceeds credited to and accrued in the Education Lottery Account during the preceding fiscal year. The sum of certified net proceeds and investment earnings must be designated as annual lottery proceeds. Appropriations from the Education Lottery Account must be allocated only for educational purposes and educational programs by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. Funds made available from the Education Lottery Account must be used to provide Palmetto Fellows Scholarships to all eligible applicants, to provide LIFE Scholarships for eligible resident students attending four-year public institutions in those amounts provided by law; up to one percent of net proceeds to the South Carolina State Library for public library state aid, to be distributed to county public libraries on a per capita basis and to be used for educational technology delivery, upgrade, and maintenance; to the Commission on Higher Education for free tuition at state technical colleges and two-year public institutions; for the SC HOPE Scholarship Program; to the Department of Education to be allocated to K-12 school technology; to the Department of Education for school-based grants for pilot programs, to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act; to the Department of Education to fund homework centers, and these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; to the Commission on Higher Education for higher education assistance, including need-based grants, grants to teachers for advanced education with priority to annual grants earmarked for teachers working toward their masters' degree or advanced education in their areas of certification, or both; for the National Guard Tuition Repayment Program; and funding for elementary and secondary public education as determined pursuant to the Education Accountability Act of 1998 and education improvement legislation enacted into law after the effective date of this chapter; new programs enacted by the General Assembly for public institutions of higher learning, including public four-year colleges and universities and their branches and two-year colleges, as defined in Section 59-103-5, and state technical colleges, which programs may include the creation of endowed chairs at the state's universities, with an emphasis in the areas of, but not limited to, engineering, computer science, and the sciences; to the State Department of Education for the purchase of school buses; to the South Carolina Educational Television Commission for digitalization; and to the Commission on Higher Education to administer a construction and renovation fund for the historically black colleges and universities. and Youth Education Scholarships of up to and not to exceed one thousand dollars, to be determined in the annual general appropriations bill to resident parents of a four-year-old who attains the age of four years by September first of the school year the scholarship is received and who attends a public or private, for profit or nonprofit kindergarten, preschool, home school, or child development center program provided in this State. The scholarship is payable from the lottery proceeds through the Department of Education directly to the school in the name of the attending child after the department confirms that the program meets the following criteria that include, but are not limited to, language and literacy programs that help the child understand and tell stories, recognize pictures and words, learn the alphabet, and understand that writing is communication; math concepts that teach the child to count and sort objects into groups, recognize shapes, and make comparisons of size, shape, length, and weight; science concepts that teach the child to explore the natural environment, observe seasonal changes, communicate observations, and use tools to measure; art concepts that help the child express ideas and thoughts in creative ways, paint, draw, and sculpt, listen to music and sing songs, and recognize colors; and physical development activities that help the child move with balance and coordination, participate in indoor and outdoor physical activity, and use writing tools, puzzles, scissors, blocks, clay, and computers. The proportion of total recurring general fund and special fund revenues of the State expended for the total of public elementary, secondary, and higher education allocations in any fiscal year must not be less than the proportions in the fiscal year immediately before the fiscal year in which education revenues are first received from a state lottery, and must not be reduced or supplanted later by revenues received from a state lottery."

SECTION   1.   All parts of this act take effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senators RITCHIE and MOORE explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

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

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   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                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

Amendment No. 15 was adopted.

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

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

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. Jessie Burnette Williams of Anderson, S.C., beloved mother of Mrs. Cynthia Wood, dedicated administrative assistant to the Senate Labor, Commerce and Industry Committee.

At 10:11 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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