Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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, some scholars think it was King Solomon who said these words, Proverbs, Chapter 3:3-4:

"Do not let loyalty and faithfulness forsake you; bind them around your neck, write them on the tablet of your heart... so you will find favor... in the sight of God and of people!
Let us pray.

O Lord God, ruler of men and of nations, in these quiet moments we turn from the clamor of the world, from drab duties and dateline pressures, to open our hearts to Your PRESENCE AND OUR MINDS TO YOUR HIGHER ILLUMINATION.

Spare us, O Lord, from such preoccupation with the mundane burdens of the day that we fail to see the distant scene of better times for all our people... thanking You!
Amen.

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

(R207, S933 (Word version)) -- Senators Ravenel, McConnell and Grooms: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

On motion of Senator FORD, the veto by the Governor was taken up for immediate consideration.

Senator RAVENEL moved that the Act be carried over.

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

Branton (1.31)            Grooms (2.68)             Kuhn (14.70)
McConnell (25.54)         Mescher (8.60)            Ravenel (12.83)

Ford (22.89)              Pinckney (11.46)

By a weighted vote of 65.66 to 34.35, the veto by the Governor was carried over.

Senator McCONNELL introduced Dr. Frederick E. Reed of Charleston, S.C., Doctor of the Day.

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

On motion of Senator ALEXANDER, with unanimous consent, the names of Senators ALEXANDER, O'DELL, HUTTO, MOORE, SETZLER, RAVENEL and FORD were added as co-sponsors of S.1106.

The following were introduced:

S. 1122 (Word version) -- Senators Pinckney and Ford: A BILL TO AMEND SECTION 16-3-635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY UPON A MEDICAL SERVICE PROVIDER, FIREFIGHTER, OR HOME HEALTH CARE WORKER, SO AS TO DEFINE "PUBLIC TRANSPORTATION WORKER", AND PROVIDE THAT THIS PROVISION APPLIES TO ASSAULT AND BATTERY UPON A PUBLIC TRANSPORTATION WORKER; TO AMEND SECTION 58-23-1830, RELATING TO UNLAWFUL ACTS COMMITTED BY PASSENGERS ONBOARD A PUBLIC TRANSPORTATION VEHICLE, AND PENALTIES, SO AS TO REVISE THE PENALTIES, AND PROVIDE THAT A NOTICE MUST BE DISPLAYED IN EACH PUBLIC TRANSPORTATION VEHICLE THAT CERTAIN ACTS COMMITTED BY A PERSON ONBOARD THE VEHICLE CONSTITUTE A FELONY.
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Read the first time and referred to the Committee on Judiciary.

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

S. 1124 (Word version) -- Senator Mescher: A SENATE RESOLUTION TO CONGRATULATE RONALD H. HOLMES, VICE PRESIDENT OF HUMAN RESOURCE MANAGEMENT FOR THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (SANTEE COOPER), ON BEING NAMED "HUMAN RESOURCES PROFESSIONAL OF THE YEAR" FOR 2002.
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The Senate Resolution was adopted.

H. 4906 (Word version) -- Rep. Kelley: A CONCURRENT RESOLUTION TO COMMEND BUFORD S. MABREY, JR. FOR HIS MORE THAN THIRY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS AN OFFICER IN THE SOUTH CAROLINA ARMY NATIONAL GUARD, AND TO CONGRATULATE HIM ON HIS WELL-DESERVED PROMOTION TO THE RANK OF BRIGADIER GENERAL.

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

H. 4907 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO WELCOME ANDREW CUOMO, THE FORMER UNITER STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT, TO THE STATE OF SOUTH CAROLINA, AND TO COMMEND HIM FOR HIS FOUR YEARS OF OUTSTANDING AND DIDICATED SERVICE AS A CABINET SECRETARY.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 675 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDEVELOPMENT PROJECT" UNDER THE TAX INCREMENT FINANCING LAW, SO AS TO AUTHORIZE A REDEVELOPMENT TO BE LOCATED OUTSIDE OF THE REDEVELOPMENT AREA IF A MUNICIPALITY MAKES SPECIFIC FINDINGS OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-6-70, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY PROVIDING FOR THE APPROVAL OF A REDEVELOPMENT PLAN, SO AS TO LENGTHEN FROM FIVE TO TEN YEARS THE PERIOD WITHIN WHICH A MUNICIPALITY MAY ISSUE OBLIGATIONS TO FINANCE A REDEVELOPMENT PROJECT AND TO AUTHORIZE OBLIGATIONS TO BE ISSUED SUBSEQUENT TO THE INITIAL TEN-YEAR PERIOD; AND TO AMEND SECTION 31-6-80, AS AMENDED, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE A MUNICIPALITY TO MAKE A SPECIFIC FINDING OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND PROVIDE WRITTEN NOTICE TO THE AFFECTED TAXING DISTRICT IF THE PROJECT OR A PORTION OF IT IS LOCATED OUTSIDE OF THE REDEVELOPMENT PROJECT AREA.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 1111 favorable:

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

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

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4866 favorable:

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

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

Ordered for consideration tomorrow.

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.

The House returned the Bill with amendments.

On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

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

H. 4736 (Word version) -- Reps. Harvin and J. Young: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

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

S. 870 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX THE GROSS PROCEEDS OF SALES OF ARTICLES OF CLOTHING PURCHASED BY A FOSTER PARENT FOR THE FOSTER PARENT'S FOSTER CHILD, TO PROVIDE THAT CLOTHING QUALIFYING FOR THE EXEMPTION, AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REQUIRE THAT EVIDENCE OF ELIGIBILITY IT DETERMINES NECESSARY FOR THE ADMINISTRATION OF THIS EXEMPTION.

S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.

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

Senator HAYES explained the Bill.

S. 709 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 14-25-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MUNICIPAL COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; TO AMEND SECTION 18-3-30, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MAGISTRATES COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; AND TO AMEND SECTION 22-3-1000, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT, SO AS TO CLARIFY THAT THE SECTION ONLY APPLIES TO CIVIL MATTERS.

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

The Committee on Judiciary proposed the following amendment (JUD0709.003), which was adopted:

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

/   SECTION   1.   Section 14-25-95 of the 1976 Code is amended to read:

"Section 14-25-95.   Any party shall have has the right to appeal from the sentence or judgment of the municipal court to the Court of Common Pleas court of common pleas of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, must be given in writing and served on the municipal judge or the clerk of the municipal court within ten days after sentence is passed or judgment rendered, or the appeal is considered waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend the appeal at the next term of the Court of Common Pleas or shall pay the fine assessed. The appellant must, within ten days after sentence, docket the appeal with the clerk of the circuit court for the county in which the municipal court is located and serve notice of appeal upon the municipal judge who tried the case or the clerk of the municipal court, stating the grounds upon which the appeal is based. Any person convicted in a municipal court who pays a fine assessed by the court does not thereby waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section. An order of restitution must be appealed within thirty days after the sentence. The order of restitution must be appealed separately from an appeal, if any, relating to the conviction."

SECTION   2.   Section 18-3-30 of the 1976 Code is amended to read:

"Section 18-3-30.   The appellant shall must, within ten days after sentence, docket the appeal with the clerk of the circuit court for the county in which the magistrates court is located and serve notice of appeal upon the magistrate who tried the case, stating the grounds upon which the appeal is founded based.

Any person convicted in a magistrate's magistrates court who pays a fine assessed by the court does not thereby waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section.

A magistrate's order of restitution must be appealed within thirty days after the sentence. The order of restitution must be appealed separately from an appeal, if any, relating to the conviction."

SECTION   3.   Section 22-3-1000 of the 1976 Code is amended to read:

"Section 22-3-1000.   (A)   No motion for a new trial may be heard unless made within five days from the rendering of the judgment in a civil case or within five days after the sentence in a criminal case. A motion for a new trial stays the time for appeal until after notice of denial of the motion for a new trial.

(B)   In a civil case, The the right of to appeal from the judgment exists for thirty days after the rendering of the judgment.

(C)   In a criminal case, the right to appeal from a sentence exists for ten days after the sentence.

(D)   A magistrate's order of restitution may must be appealed within thirty days after the sentence. The order of restitution may must be appealed separately from an appeal, if any, relating to the conviction."

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

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

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

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

On motion of Senator GLOVER, S. 1052 was ordered to receive a third reading on Friday, March 15, 2002.

S. 1121 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE 85 IN CHEROKEE COUNTY BETWEEN EXITS 90 AND 92 AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF CHEROKEE COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

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

H. 4543 (Word version) -- Reps. Barrett, Barfield, Battle, Bingham, Cato, Dantzler, Easterday, Frye, Hamilton, Harrison, Hinson, Kelley, Limehouse, Littlejohn, Loftis, Lourie, Merrill, Sandifer, Sharpe, D.C. Smith, G.M. Smith, J.E. Smith, Stuart, Tripp, Trotter, Walker, Webb, White, Wilkins and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY", A DAY OF RECOGNITION HONORING PUBLIC SAFETY PERSONNEL FOR THE SACRIFICES THEY MAKE DAILY IN THE LINE OF DUTY.

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

The Committee on Judiciary proposed the following amendment (JUD4543.002), which was adopted:

Amend the concurrent resolution, as and if amended, page 1, by striking the resolution in its entirety and inserting therein the following:

/   TO PROCLAIM SEPTEMBER 11, 2002, AS "911 HEROES DAY", A DAY OF RECOGNITION HONORING PUBLIC SAFETY PERSONNEL FOR THE SACRIFICES THEY MAKE DAILY IN THE LINE OF DUTY.

Whereas, it is the duty of Americans everywhere to honor our emergency personnel for their heroic service to the communities of America; and

Whereas, September 11, 2002, should come to be known as "911 Heroes Day"; and

Whereas, the purpose of this special day would be to forever honor and celebrate the spirit, courage, and service of public safety personnel throughout the country, past, present, and future; and

Whereas, the creation of this day of recognition would not only pay tribute to the men and women who died protecting their communities, but it would also give new strength to their families; and

Whereas, this recognition would allow a grateful nation to say thank you to the thousands of public safety personnel who protect us in ways we never know; and

Whereas, the loss of a single firefighter or police officer is a national tragedy; and

Whereas, it is fitting and proper that the State of South Carolina take the lead in establishing a day to recognize the bravery of our public safety personnel, both living and dead. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of South Carolina proclaims September 11, 2002, as "911 Heroes Day", a day of recognition to express the gratitude of the citizens of South Carolina for all the sacrifices made by public safety personnel in the performance of their duties.

Be it further resolved that the General Assembly of South Carolina requests the Governor of the State of South Carolina and all local communities to appropriately honor public safety personnel on September 11, 2002.

Be it further resolved that the General Assembly of South Carolina memorializes the Congress of the United States, as its schedule permits, to review the current federal holiday policy and schedule to determine the proper national honor on September 11 for public safety personnel.

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation, and the Honorable James H. Hodges, Governor of South Carolina./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

S. 626 (Word version) -- Senators Glover, Elliott, Leventis, Ford, Leatherman, Land, Anderson, McGill, Hawkins, O'Dell, Setzler, Saleeby, Moore, Hayes, Ravenel, Patterson, Matthews and Rankin: A BILL TO AMEND CHAPTER 1, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR A MORATORIUM ON THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL WASTE MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES, AND ON THE ISSUANCE OF ANY PERMIT REQUIRED FOR THE CONSTRUCTION OR EXPANSION OF SWINE FARMS, SWINE HOUSES, AND ON LAGOONS AND ANIMAL MANAGEMENT SYSTEMS FOR SWINE FARMS AND SWINE HOUSES UNTIL AND UNLESS OTHERWISE PROVIDED BY LAW, AND TO PROVIDE CERTAIN EXEMPTIONS FROM THE MORATORIUM; AND BY ADDING SECTION 46-1-170 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE, CONSTRUCT, OR EXPAND A LAGOON AS PART OF OR AS A COMPONENT OF AN ANIMAL WASTE MANAGEMENT SYSTEM FOR A SWINE FARM OR SWINE HOUSE IN THIS STATE, AND TO PROVIDE THIS SECTION DOES NOT APPLY TO THE USE OF EXISTING LAGOONS.

On motion of Senator HUTTO, with unanimous consent, the Bill was committed to the Agriculture and Natural Resources Committee.

S. 1110 (Word version) -- Senators J. Verne Smith, McConnell, Richardson, Leatherman, Courson, Mescher, Grooms, Peeler, Alexander, Ravenel, Ryberg, Branton, Giese, Thomas, Verdin, Martin, Kuhn, Hayes, Hawkins, Fair and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3392 SO AS TO ESTABLISH A REFUNDABLE NURSING HOME TAX CREDIT FOR CERTAIN PRIVATE, NONPROFIT NURSING HOMES AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT IS EQUAL TO THE SAME PERCENTAGE OF THE TOTAL AMOUNT REFUNDABLE AS THE NUMBER OF PATIENT DAYS PROVIDED BY A NURSING HOME TO THE TOTAL NUMBER OF PATIENT DAYS PROVIDED BY ALL ELIGIBLE NURSING HOMES.

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

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

H. 3669 (Word version) -- Reps. Bales, Knotts, Allen, Allison, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young and Wilkins: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A STUDENT ELIGIBLE TO RECEIVE SUCH A SCHOLARSHIP WHO CHOOSES TO ATTEND AN OUT-OF-STATE INSTITUTION MAY AGAIN BECOME ELIGIBLE UNDER CERTAIN CONDITIONS, IF HE TRANSFERS TO A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.

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

On motion of Senator SETZLER, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 932 (Word version) -- Senators Drummond and McConnell: 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.

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

The Bill was made a Special Order.

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 15, 2002, it stand adjourned to meet next Tuesday, March 19, 2002, at 12:00 Noon, which motion was adopted.

At 11:42 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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