Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear St. Paul's words to the Colossians, Chapter 3:23:

"Whatever your task, put yourselves into it, as done for the Lord and not for your masters, since you know that from the Lord you will receive the inheritance as your reward..."
Let us pray.

Father, it's a little strange for us, who are so accustomed to putting the voters first, that St. Paul should remind us that our first loyalty is to our conscience and our God!

Show us, O Lord, in our judgments and decisions, the merit... sometimes... in putting aside the good and the nice in favor of the better and the best!
Amen.

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

Senator LEATHERMAN introduced Dr. John Nobles of Bennetsville, S.C., Doctor of the Day.

At 8:35 P.M., Senator RITCHIE requested a leave of absence until 9:00 A.M. on Thursday, February 21, 2002.

On motion of Senator HAYES, at 8:36 P.M., Senator FAIR was granted a leave of absence until 9:00 A.M. on Thursday, February 21, 2002.

At 8:37 P.M., Senator O'DELL requested a leave of absence until 8:00 A.M. on Thursday, February 21, 2002.

At 8:39 P.M., Senator McGILL requested a leave of absence until 8:00 A.M. on Thursday, February 21, 2002.

On motion of Senator MOORE, at 10:00 P.M., Senator SALEEBY was granted a leave of absence.

On motion of Senator PINCKNEY, at 11:58 P.M., Senator JACKSON was granted a leave of absence.

On motion of Senator GLOVER, at 12:31 A.M., Senator FORD was granted a leave of absence.

On motion of Senator MOORE, at 5:58 A.M., Senator RAVENEL was granted a leave of absence until Tuesday, February 26, 2002.

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

Senator PATTERSON asked unanimous consent to make a motion to recall the Bill from the Richland County Delegation.

There was no objection.

The Bill was recalled from the delegation.

Senator PATTERSON asked unanimous consent to give the Bill a second reading.

There was no objection.

The Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator PATTERSON, S. 520 was ordered to receive a third reading on Thursday, February 21, 2002.

The following were introduced:

S. 1031 (Word version) -- Senators Leventis and Hutto: A JOINT RESOLUTION TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING PROGRAM TO BE ADMINISTERED BY THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL WITHIN THE DEPARTMENT OF COMMERCE; TO IMPOSE A FIVE-DOLLAR FEE ON EACH PIECE OF ELECTRONIC EQUIPMENT CONTAINING A CATHODE RAY TUBE SOLD; TO REQUIRE THE STATE TREASURER TO DEPOSIT THE FEES COLLECTED IN THE ELECTRONIC EQUIPMENT RECYCLING FUND TO BE USED, AMONG OTHER THINGS, TO DETERMINE THE MOST EFFICIENT MEANS OF COLLECTING, TRANSPORTING, AND PROCESSING SCRAP ELECTRONIC EQUIPMENT AND TO AWARD GRANTS, CONTRACTS, AND LOANS TO FURTHER THE PROCESS AND TECHNOLOGY FOR RECYCLING THIS EQUIPMENT; TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING COMMITTEE TO REVIEW AND EVALUATE THE USE OF THE RECYCLING FUND; AND TO REQUIRE THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL TO EVALUATE THE PROGRAM AND RECOMMEND WHETHER THIS PROGRAM SHOULD CONTINUE AND BE MADE PERMANENT LAW.
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Senator LEVENTIS spoke on the Joint Resolution.

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

S. 1032 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-210 SO AS TO PROHIBIT AN INSURANCE COMPANY FROM CONSIDERING AN INDIVIDUAL'S CREDIT RATING IN

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

S. 1033 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-2350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR SPECIAL REGISTRATION FOR A BUSINESS THAT FACILITATES THE MOVEMENT OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION APPLY TO A BUSINESS THAT TRANSPORTS OR RELOCATES A VEHICLE FROM A PREDETERMINED LOCATION TO A PREDETERMINED DESTINATION WITHIN A TWELVE-DAY PERIOD THAT IS VERIFIABLE BY AN AUDITABLE TRIP REPORT; AND TO AMEND SECTION 56-3-2370, RELATING TO THE TRANSFER OF TRANSPORTER LICENSE PLATES, SO AS TO PROVIDE THAT A TRANSPORTER LICENSE PLATE MAY BE USED FOR TRANSPORTING OR RELOCATING A VEHICLE FROM A PREDETERMINED LOCATION TO A PREDETERMINED DESTINATION WITHIN A TWELVE-DAY PERIOD THAT IS VERIFIABLE BY AN AUDITABLE TRIP REPORT.
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Read the first time and referred to the Committee on Transportation.

S. 1034 (Word version) -- Senator Alexander: A SENATE RESOLUTION CONGRATULATING THE MEMBERS OF THE WALHALLA RECREATION DEPARTMENT'S STATE CHAMPION AGE FIFTEEN-AND-UNDER SOCCER TEAM FOR THEIR SUCCESS AND STATE TITLE VICTORY.
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The Senate Resolution was adopted.

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

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

S. 1036 (Word version) -- Senators Courson, Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 14, AND FRIDAY, NOVEMBER 15, 2002, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 13, 2002, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

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

S. 1038 (Word version) -- Senators Leatherman, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF

Senator LEATHERMAN spoke on the Resolution.

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

S. 1039 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, AND TO PROVIDE FOR THE PURPOSES OF THE FUND; AND TO AMEND SECTION 40-3-290, RELATING TO THOSE PERSONS AND ACTIVITIES EXEMPT FROM LICENSURE AND REGULATION AS AN ARCHITECT, SO AS TO REVISE A BUILDING CODE REFERENCE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1040 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO COMMEND HOLLI LYNN THOMPSON, MISS OCONEE 2001, FOR HER WONDERFUL REPRESENTATION OF OCONEE COUNTY DURING HER REIGN, AND TO EXTEND HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1041 (Word version) -- Senators Bauer and Jackson: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROVISION THAT MAKES IT UNLAWFUL TO CARRY A PISTOL, SO AS TO PROVIDE THAT IT IS LAWFUL FOR A PERSON TO HAVE A PISTOL SECURED IN AN OPEN GLOVE COMPARTMENT, CONSOLE, OR TRUNK THAT IS OPENED FOR THE SOLE PURPOSE OF RETRIEVING A DRIVER'S LICENSE, MOTOR VEHICLE REGISTRATION CARD, OR PROOF OF INSURANCE DOCUMENT IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO THE PENALTIES FOR THE UNLAWFULLY CARRYING OF A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS THAT SELLS ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO PROVIDE THAT A PERMIT HOLDER MAY NOT CARRY A CONCEALABLE WEAPON IN A CHURCH OR RELIGIOUS SANCTUARY UNLESS HE OBTAINS PERMISSION FROM CERTAIN CHURCH OFFICIALS, TO PROVIDE ADDITIONAL LOCALES UPON WHICH A PERMIT HOLDER MAY CARRY A CONCEALABLE WEAPON; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS.
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Read the first time and referred to the Committee on Judiciary.

S. 1042 (Word version) -- Senator Leatherman: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF HENRY MCMASTER OF COLUMBIA, MOST RECENTLY AS CHAIRMAN OF THE SOUTH CAROLINA REPUBLICAN PARTY ON THE OCCASION OF HIS

The Senate Resolution was adopted.

H. 4375 (Word version) -- Reps. Talley and Owens: A BILL TO AMEND SECTION 59-53-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF VOCATIONAL TRAINING EQUIPMENT PURSUANT TO THE DEPARTMENT OF EDUCATION'S PLAN FOR VOCATIONAL-TECHNICAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL TRAINING" TO "CAREER AND TECHNOLOGY EDUCATION" AND TO MAKE OTHER CORRESPONDING CHANGES.

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

H. 4455 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO HIGH SCHOOL DIPLOMAS AND TRANSCRIPTS INCLUDING GED DIPLOMAS.

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

H. 4592 (Word version) -- Reps. Townsend, Martin, Walker, Stille, J. Hines, Stuart and McLeod: A BILL TO AMEND SECTION 59-143-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATIONS FOR CERTAIN HIGHER EDUCATION SCHOLARSHIP GRANTS, SO AS TO PROVIDE THAT ALLOCATIONS FOR PALMETTO FELLOWS SCHOLARSHIPS SHALL BE ALLOCATED TO STUDENTS BASED ON ACADEMIC CRITERIA ESTABLISHED BY THE COMMISSION ON HIGHER EDUCATION, AND TO PROVIDE THAT THESE STUDENTS MAY THEN USE THESE SCHOLARSHIP FUNDS TO ATTEND ANY ELIGIBLE INSTITUTION IN SOUTH CAROLINA.

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

H. 4751 (Word version) -- Reps. M. Hines and J. Hines: A CONCURRENT RESOLUTION SALUTING DR. CHARLES E. BEVIS UPON HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE PEE DEE MENTAL HEALTH CENTER, AND THANKING HIM FOR HIS EXCELLENT PUBLIC SERVICE DURING HIS DISTINGUISHED CAREER.

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

H. 4753 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE GIFTED STORYTELLER, EXCEPTIONAL LITERARY ARTIST, AND GENEROUS PHILANTHROPIST, DR. LEE R. MINTON OF PAWLEYS ISLAND, FOR HIS DISTINGUISHED CONTRIBUTIONS TO THE STUDY AND PRESERVATION OF SOUTHERN HISTORY AND CULTURE THROUGH HIS OUTSTANDING ASSISTANCE WITH PROGRAMS FOCUSING ON THE ARTS.

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

H. 4755 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND BRITT REAMES OF SENECA, FOR HIS HARD WORK AND DETERMINATION THAT HAVE LED TO A SUCCESSFUL CAREER IN PROFESSIONAL BASEBALL, CONGRATULATE HIM ON HAVING HIS JERSEY RETIRED BY SENECA HIGH SCHOOL, AND WISH HIM CONTINUED SUCCESS AND ACHIEVEMENT IN HIS CHOSEN FIELD.

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

H. 4756 (Word version) -- Reps. J.E. Smith, Haskins, Quinn, J.H. Neal and Talley: A CONCURRENT RESOLUTION TO ENCOURAGE PRIVATE HEALTH INSURANCE COMPANIES AND EMPLOYERS TO INCLUDE INSURANCE COVERAGE FOR THE SCREENING AND DETECTION OF COLORECTAL CANCER.

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

H. 4764 (Word version) -- Reps. W.D. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown,

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

H. 4770 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO COMMEND AND HONOR PASTOR CURTIS L. JOHNSON OF VALLEY BROOK OUTREACH BAPTIST CHURCH IN GREENVILLE FOR HIS DYNAMIC CHRISTIAN MINISTRY AND HIS DEDICATION TO SERVING HIS FELLOW MAN TO THE GLORY OF GOD.

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

H. 4778 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. 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,

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

H. 4779 (Word version) -- Reps. Davenport and Lee: A CONCURRENT RESOLUTION TO COMMEND AND HONOR SHANNON L. WYATT FOR HER DEDICATED LEADERSHIP AND THOROUGH SENSE OF RESPONSIBILITY AS AN EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AT THE NORTHSIDE CORRECTIONAL INSTITUTION IN SPARTANBURG.

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

At 2:10 P.M., Senator RICHARDSON assumed the Chair.

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

S. 52 (Word version) -- Senators Wilson, Grooms, McGill, Elliott, Giese, Reese and Branton: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE

Ordered for consideration tomorrow.

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

S. 255 (Word version) -- Senators Hayes, Branton, Ryberg, Ravenel, Giese, Grooms, Alexander, Wilson, Peeler, J. Verne Smith, Leatherman, Hawkins and Ritchie: A BILL TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO OFFENSES INVOLVING WEAPONS, SO AS TO REVISE THE DEFINITION FOR THE TERM "CRIME OF VIOLENCE" TO INCLUDE THE OFFENSES OF DISTRIBUTION OF NARCOTIC DRUGS AND TRAFFICKING OF NARCOTIC DRUGS.

Ordered for consideration tomorrow.

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

S. 702 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF A LOCAL GOVERNING BODY TO CHARGE AND COLLECT A SERVICE OR USER FEE AND THE PROCEDURE REQUIRED FOR IMPOSITION OF THE FEE, SO AS TO REQUIRE A PUBLIC HEARING MUST BE HELD BEFORE SETTING THE FEES OR RATES CHARGED BY A PUBLIC UTILITY OWNED OR OPERATED ON BEHALF OF A

Ordered for consideration tomorrow.

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

S. 803 (Word version) -- Senators Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1507 SO AS TO PROVIDE THAT A RETAIL DEALER OF ALCOHOLIC BEVERAGES MAY SELL IN HIS RETAIL PREMISES LOTTERY TICKETS OR SHARES AS A LOTTERY RETAILER UNDER THE PROVISIONS OF CHAPTER 159 OF TITLE 59 (SOUTH CAROLINA EDUCATION LOTTERY ACT).

Ordered for consideration tomorrow.

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

S. 863 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 23-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL BADGE OF DEPUTY SHERIFFS, SO AS TO PROVIDE THAT A CORRECTIONAL OFFICER WHO IS EMPLOYED BY A COUNTY OR MUNICIPAL DETENTION FACILITY ON OR BEFORE DECEMBER 31, 2002, MAY WEAR A BADGE THAT CONSISTS OF OR INCORPORATES THE SHAPE OF A FIVE-POINTED OR SIX-POINTED STAR WITH A REPLICA OF THE GREAT SEAL OF SOUTH CAROLINA INSCRIBED IN ITS CENTER.

Ordered for consideration tomorrow.

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

S. 903 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEERS WITHIN THE DEFINITION OF "EMPLOYEE"; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE'S LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT ACTIVITIES RELATING TO PREVENTION OF TERRORISM OR TERRORIST ATTACK AND ACTIVITIES IN RESPONSE TO A TERRORIST THREAT OR TERRORIST ATTACK ARE EXEMPTED UNDER THE TORT CLAIMS ACT.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.

Ordered for consideration tomorrow.

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

H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.

Ordered for consideration tomorrow.

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

H. 4539 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION HONORING AMERICA'S LEADERS FOR THEIR EFFORTS IN THE WAR AGAINST TERRORISM.

Ordered for consideration tomorrow.

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

H. 4567 (Word version) -- Reps. Taylor, Carnell and Wilder: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAMES OF CERTAIN PRECINCTS AND REDESIGNATE THE MAP REFERENCE OF THE MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

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

Senator RYBERG asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

On motion of Senator RYBERG, with unanimous consent, the Resolution was adopted, ordered returned to the House of Representatives.

Senator COURSON from the Committee on Invitations polled out H. 4706 favorable:

H. 4706 (Word version) -- Reps. McGee, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 14, 2002.

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

Ordered for consideration tomorrow.

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.

The House returned the Bill with amendments.

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

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senators McCONNELL and HOLLAND proposed the following amendment (JUD0134.002), 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 16-3-1750 of the 1976 Code is amended to read:

"Section 16-3-1750.   (A)   Under this article, the magistrate's magistrates court shall have has jurisdiction over an action seeking a restraining order against a person engaged in harassment or stalking.

(B)   An action for a restraining order must be filed in the county in which:

(1)   the defendant resides when the action commences;

(2)   the harassment or stalking occurred; or

(3)   the plaintiff resides if the defendant is a nonresident of the State or cannot be found.

(C)   A complaint and motion for a restraining order may be filed by any person. The complaint must:

(1)   allege that the defendant is engaged in harassment or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;

(2)   be verified; and

(3)   inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.

(D)   The magistrate's magistrates court shall must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court also shall provide forms to facilitate the preparation and filing of motions and affidavits to proceed in forma pauperis. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking.

(E)   Notwithstanding any other provision of law, a restraining order or a temporary restraining order issued pursuant to this article shall be is enforceable throughout this State."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

S. 1024 (Word version) -- Senators Mescher, Giese and Grooms: A CONCURRENT RESOLUTION TO EXPRESS THE COMMITMENT OF THE PEOPLE OF SOUTH CAROLINA TO POSITIVE CHARACTER TRAITS IN ALL ENDEAVORS AND TO DECLARE SOUTH CAROLINA TO BE A "STATE OF CHARACTER" IN ORDER TO FORMALLY LAUNCH A STATEWIDE INITIATIVE TO ENCOURAGE CHARACTER IN OUR SCHOOLS, BUSINESSES, FAITHS, GOVERNMENT, LAW ENFORCEMENT, MEDIA, COMMUNITY GROUPS, AND FAMILIES.

Returned with concurrence.

Received as information.

S. 1029 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILLIE BATES, JR. FOR HIS THIRTY YEARS OF DEDICATED LEADERSHIP AND SERVICE AS PASTOR OF ANTIOCH BAPTIST CHURCH IN ORANGEBURG COUNTY AND TO PRAY FOR THE LORD'S CONTINUED BLESSING OF REVEREND BATES AND HIS CONGREGATION.

Returned with concurrence.

Received as information.

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

The following House Bill was read the third time and ordered returned to the House with amendments:

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

H. 3447 (Word version) -- Reps. Cato, Cobb-Hunter, Jennings, Bales, Barfield, Barrett, Battle, G. Brown, J. Brown, Carnell, Davenport, Delleney, Edge, Harrison, Hayes, Hinson, Howard, Kelley, Knotts, Lee, Limehouse, Littlejohn, Lourie, McCraw, Meacham-Richardson, J.H. Neal, Rutherford, Sandifer, Scott, F.N. Smith, J.E. Smith, Talley, Taylor, Walker, Webb, Whatley, Whipper, Wilkins, White, Miller and Simrill: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE

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

The following correcting amendment (3447R003.JVS) was placed in the Journal to reconcile errors included in the Bill:

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

/   SECTION   1.   Chapter 63 of Title 40 of the 1976 Code is amended to read:

Section 40-63-10.   There is created the State Board of Social Work Examiners to be composed of seven members appointed by the Governor, with the advice and consent of the Senate, including one lay member, two licensed baccalaureate social workers, three licensed master social workers, and one licensed independent social worker. All members must be residents of the state and the social workers must have been in the active practice of social work for at least five years prior to appointment. The terms of the members are for four years and until their successors are appointed and qualify. Members of the board are eligible for reappointment but may not serve more than two consecutive terms. The board may employ such staff, pursuant to Section 40-73-15, as the Director of the Department of Labor, Licensing, and Regulations deems necessary to carry out the duties and functions of the board. The board is responsible for examining applicants for social work licenses, investigating complaints, and investigating and prosecuting violations of this chapter. The board may promulgate regulations to carry out the provisions of this chapter. The Governor may remove a member who is guilty of continued neglect of

Section 40-63-20.   The members of the board shall qualify by taking an oath of office before a notary public or other officer authorized to administer oaths in this State. At the first meeting of the board in each calendar year the board must elect a president, vice-president, secretary, and treasurer from its membership. A majority of the members of the board constitutes a quorum. Regular meetings must be held at least four times a year. Special meetings may be held upon the call of the president or any two members of the board.

If a board member is disqualified and his absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual shall meet the same qualifications as the member he is replacing and shall take the same oath as required of other members of the board.

The board shall have a seal and the impression must be attached to all official documents issued by it. The board shall keep a full record of all its proceedings and maintain a complete registry of all licensed social workers.

Each member may receive for his services mileage, expenses, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.

Section 40-63-30.   For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issue to, any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry. Whenever the board has reason to believe that any person is violating or intends to violate any provision of this chapter it may order, in addition to all other remedies, the person immediately to desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of

Section 40-63-40.   All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any board source or activity must be remitted to the State Treasurer as collected, when practicable, but at least once each week, and credited to the general fund of the State. All assessments, fees, or licenses must be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board, plus any additional funds allocated by the Budget and Control Board for implementation of the State's Personnel Compensation Plan.

The annual report required by Chapter 73 of this title must be made by the board in accordance with the provisions of that chapter.

Section 40-63-50.   A person is regarded as a "Licensed Baccalaureate Social Worker", "Licensed Master Social Worker", or "Licensed Independent Social Worker", within the meaning of this chapter, who meets the qualifications and requirements prescribed in this chapter and who is licensed by the Board of Social Work Examiners. It is unlawful for any person who is not qualified and licensed in the manner prescribed in this chapter to use the title "Social Worker", "Licensed Baccalaureate Social Worker", "Licensed Master Social Worker", or "Licensed Independent Social Worker", or to use the title Social Worker within any other professional title. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.

Section 40-63-60.   For the purposes of this chapter, "social work practice" means service and action to effect changes in human behavior, a person's emotional responses, and the social conditions of individuals, families, groups, organizations, and communities. For the purpose of this definition, the practice of social work is guided by special knowledge, acquired through formal professional social work education, of social welfare policies and services, social welfare systems and resources, human development and behavior within the context of the social environment, and methods of bringing about change in individuals, families, groups, communities, and social

(1) utilizing professional social work knowledge and methods to conduct a variety of counseling activities and therapeutic approaches, including psychotherapy (excluding the prescribing of medicine), with individuals, families, and groups in order to improve emotional adjustment, enhance psychological and social functioning, or effect behavioral changes;

(2) utilizing professional social work knowledge and methods to explain and interpret the psychological aspects of a situation to individuals, families, or groups;

(3) utilizing professional social work knowledge and methods to explain and provide general assistance, information, and referral services and other supportive services;

(4) utilizing professional social work knowledge and methods to provide resources to meet basic human needs;

(5) utilizing professional social work knowledge and methods to help organizations and communities analyze social problems and human needs in order to plan and provide appropriate social services;

(6) utilizing professional social work knowledge and methods to assist organizations and communities to develop their capacity for general neighborhood or community improvement;

(7) utilizing professional social work knowledge and methods to develop policies, plans, and programs to address social needs and improve social conditions;

(8) utilizing professional social work knowledge and methods to supervise employees engaged in the direct delivery of social services.

Section 40-63-70.   An applicant for licensure as a Licensed Baccalaureate Social Worker must: (1) have a baccalaureate degree from a social work or social welfare program accredited by the Council on Social Work Education or from a social work welfare program offered by a regionally-accredited institution and have passed an examination conducted by the board, or (2) have a baccalaureate degree in sociology or psychology from a regionally-accredited institution if the board finds that the training was substantially equivalent to that obtained in social work or social welfare programs and have passed an examination conducted by the board.

An applicant for licensure as a Licensed Master Social Worker must have a master's or doctoral degree from a social work program

An applicant for licensure as a Licensed Independent Social Worker must have a master's or doctoral degree from a social work program accredited by the Council on Social Work Education plus post-graduate social work education as approved by the board, have two years of professionally supervised experience satisfactory to the board in those services to be provided in private or independent practice, and have passed an examination conducted by the board.

The board shall conduct at least one examination each year for persons who desire to become a Licensed Baccalaureate Social Worker, a Licensed Master Social Worker, or a Licensed Independent Social Worker. Any person desiring to be examined by the board shall make application and pay a fee to the board in the manner prescribed by the board.

Section 40-63-75.   Until one year from the appointment of the board, an applicant for certification and licensure may, in lieu of the requirements established in Section 40-63-70, qualify for licensure by demonstrating to the satisfaction of the board that the applicant is presently practicing social work within this State at the level for which application is made, or is presently practicing social work within the South Carolina Department of Social Services having a minimum of sixty hours or equivalent of college credits and is applying for licensure as a Licensed Baccalaureate Social Worker. Persons licensed under terms of this section remain subject to all requirements of this chapter, excepting those in Section 40-63-70. No current employee or agent of the State employed by or with the State on or before July 1, 1989, who practices social work as defined in this chapter may be denied licensure or relicensure by the board so long as they remain employed by or with the State, and so long as they comply with all the other requirements of this chapter, excepting those in Section 40-63-70.

Section 40-63-80.   The board by regulation may require continuing education of every person licensed under the provisions of this chapter and the payment of an annual license renewal fee. Upon the payment of the fee and the fulfillment of requirements for continuing education, the license of any person licensed under the provisions of this chapter must be renewed by the board.

Any licensee who allows his license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of his failure to renew his license and upon payment of a reinstatement fee and the current

Any person practicing as a social worker during the time his license has lapsed is an illegal practitioner and is subject to penalties provided for in Section 40-63-50.

Section 40-63-90.   A social worker licensed under the provisions of this chapter, upon payment of the prescribed fee, may use the title appearing on his license and the corresponding letters ("LBSW" for "Licensed Baccalaureate Social Worker"; "LMSW" for "Licensed Master Social Worker"; or "LISW" for "Licensed Independent Social Worker") following his name, unless the license has been revoked or suspended or has lapsed. Every person to whom a license is issued shall display the license in a prominent place in his office or place of employment.

Section 40-63-100.   The board may receive complaints by any person against a licensed social worker and require the complaints to be submitted in written form. Upon receipt of a complaint, the secretary, or other person as the president may designate, shall investigate the allegations in the complaint and make a report to the board concerning his investigation. In instances where a board member makes the initial investigation or complaint, he shall not sit with the board at the hearing of such complaint. If the board desires to proceed further it may file, in its discretion, a formal accusation charging the social worker with a violation of a provision of this chapter. The accusation must be signed by the president or vice-president on behalf of the board. When the accusation is filed and the board has set a date and place for hearing, the secretary of the board shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff or, if not accepted by the person whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice.

The accused may appear and show cause why his license should not be suspended or revoked or other disciplinary action taken. The accused has the right to be confronted with and to cross-examine the witnesses against him and the right to counsel. For the purposes of the hearings, the board may require by subpoena the attendance of

Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, lies against any person by whom or on whose behalf such communication has been made, except upon proof that such communication was made with malice.

No part of this chapter prohibits the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law nor prohibits the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.

Section 40-63-110. The board may revoke, suspend, or otherwise restrict the license of any social worker or reprimand or otherwise discipline him when it is established that the license holder is guilty of misconduct as defined in this chapter.

Misconduct, which constitutes grounds for revocation, suspension, or restriction of a license, or limitation on, reprimand, or other discipline of a social worker is a satisfactory showing to the board that:

(1) any false, fraudulent, or forged statement or document has been used, or any fraudulent, deceitful, or dishonest act has been practiced by the holder of a license or certificate in connection with any of the license requirements;

(2) the holder of a license has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere must be considered the equivalent of a conviction;

(3) the holder of a license practiced social work while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice;

(4) the holder of a license uses alcohol or drugs to such a degree as to adversely affect his ability to practice social work;

(5) the holder of a license has knowingly performed any act which in any way assists a person to practice social work illegally;

(6) the holder of a license has caused to be published or circulated directly or indirectly any fraudulent, false, or misleading statements as to the skill or methods of practice of any social work;

(7) the holder of a license has failed to provide and maintain reasonable sanitary facilities;

(8) the holder of a license has sustained any physical or mental impairment or disability which renders further practice by him dangerous to the public;

(9) the holder of a license has violated the principles of ethics as adopted by the board and published in its rules;

(10) the holder of a license is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;

(11) the holder of a license is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of social work;

(12) the holder of a license has been found by the board to lack the professional competence to practice;

(13) the holder of a license has violated any provision of this chapter regulating the practice of social work, or regulations issued pursuant to this chapter.

(14) Vacant.

In addition to all other remedies and actions incorporated in this chapter, the license of a social worker adjudged mentally incompetent by any court of proper jurisdiction is automatically suspended by the board until he is adjudged competent by a court of competent jurisdiction.

Section 40-63-120. If the board is satisfied that the social worker is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board also may impose such restraint upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of the action must then be mailed by the secretary of the board to the accused at his last known address as provided to the board.

Any final order of the board finding that a social worker is guilty of any offense charged in a formal accusation must become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state professional associations, and all firms or facilities with which the respondent is

A decision by the board to revoke, suspend, or otherwise restrict the license must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.

Section 40-63-130. Nothing in this chapter prevents:

(1) a person from practicing social work to whom the board has issued a temporary license as defined in Section 40-63-140;

(2) any person licensed or registered to practice social work under the laws of another state or any territory of the United States that imposes substantially the same requirements as this chapter from practicing social work upon satisfactory presentation of evidence of the license to the board;

(3) members of the clergy and licensed, registered, certified or qualified professionals such as physicians, teachers, nurses, psychologists, and attorneys from practicing their profession and delivering similar services within the scope of their respective practices provided they do not hold themselves out to the public by any title or description as being social workers as defined under this section;

(4) employees of licensed hospitals in this State from performing services commonly within the definition of social work so long as the services are performed within the course of and scope of their employment as an employee of the hospital. No regular employee of a licensed hospital in this State is required to be licensed as a condition of employment by or performance of such services;

(5) persons from rendering services that are the same as or similar to those within the scope of practice provided for in this chapter so long as the provider receives no remuneration from any source for the delivery of the service;

(6) students who are enrolled in recognized programs of study leading to social work degrees from practicing social work under the supervision of any social worker licensed under this chapter.

Section 40-63-140. The board may issue a temporary license to any person who pays the temporary license fee as prescribed by regulation by the board and:

(1) enters or agrees to enter into a course of study as prescribed by regulation by the board;

(2) holds a bachelor of arts or bachelor of science degree from an accredited college or university;

(3) is employed or is to be employed under the supervision of a licensed social worker.

The temporary license is valid for one year and may be renewed only one time. If a person who holds a temporary license under this section does not successfully complete the course of study as prescribed by the board pursuant to this section and does not successfully pass the board-prescribed examination within two years from the date of initial issuance of the temporary license, the permanent license must be denied by the board.

Section 40-63-150. No license fee, renewal fee, or reinstatement fee in excess of fifty dollars may be established by the board.

Section 40-63-5.   Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the Board of Social Work Examiners administered by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.

Section 40-63-10.   (A)   There is created the State Board of Social Work Examiners to be composed of seven members appointed by the Governor, with the advice and consent of the Senate, including one lay member, two licensed baccalaureate social workers, two licensed master social workers, and two licensed independent social workers (clinical or advanced practice). All members must be residents of this State and the social workers must have been in the active practice of social work for at least five years before appointment. The terms of the members are for four years and until their successors are appointed and qualify. Members of the board are eligible for reappointment. The board shall have powers and duties as stated in Section 40-1-70. The board may promulgate regulations to carry out the provisions of this chapter. The Governor may remove a member in accordance with Section 1-3-240. No member may be removed without an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed. Vacancies on the board must be filled in the manner of the original appointment for the unexpired portion of the term.

(B)   The members of the board shall qualify by taking an oath of office before a notary public or other officer authorized to administer oaths in this State.

(C)   Members may receive for their services mileage, expenses, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.

Section 40-63-20.   As used in this chapter:

(1)   'Advanced Practice Social Worker' means a person duly licensed to practice independent advanced practice social work under this act.

(2)   'Advanced Practice Supervision' means an interactional professional and educational relationship between an advanced practice supervisor and a social worker that provides evaluation and direction over the supervisee's practice of advanced practice social work and promotes continued development of the social worker's knowledge, skills, and abilities to engage in the practice of advanced practice social work in an ethical and competent manner.

(3)   'Approved Advanced Practice Supervisor' means a licensed advanced practice social worker who has met the qualifications as determined by the board.

(4)   'Approved Clinical Supervisor' means a licensed clinical social worker who has met the qualifications as determined by the board.

(5)   'Approved Provider of Continuing Education' means an individual, group, professional association, school, institution, organization, or agency approved by the board to conduct educational program(s).

(6)   'Baccalaureate Social Worker' means a person duly licensed to practice baccalaureate social work under this act.

(7)   'Board' means the South Carolina Board of Social Work Examiners.

(8)   'Case management' means a procedure to plan, provide, and monitor services from a variety of resources on behalf of and in collaboration with a client.

(9)   'Client' means the individual, couple, family, group, organization, or community that seeks or receives social work services.

(10)   'Clinical Social Worker' means a person duly licensed to practice clinical social work under this act.

(11)   'Clinical Supervision' means an interactional professional and educational relationship between a clinical supervisor and a social worker that provides evaluation and direction over the supervisee's practice of clinical social work and promotes continued development of the social worker's knowledge, skills, and abilities to engage in the practice of clinical social work in an ethical and competent manner.

(12)   'Consultation' means a problem solving process in which expertise is offered to an individual, group, organization, or community.

(13)   'Continuing education' means education and training, which are oriented to maintain, improve, or enhance social work practice.

(14)   'Continuing education contact hour' means a sixty (60) minute clock hour of instruction, not including breaks or meals.

(15)   'Counseling' means a method used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns.

(16)   'Director' means the Director of the Department of Labor, Licensing and Regulation.

(17)   'Examination' means a standardized test of social work knowledge, skills, and abilities approved by the board.

(18)   'Independent Social Worker - Advanced Practice' means a person duly licensed to practice Independent Social Work - Advanced Practice under this act.

(19)   'Independent Social Worker - Clinical Practice' means a person duly licensed to practice Independent Social Work - Clinical Practice under this act.

(20)   'License' means an authorization to practice social work issued by the board pursuant to this chapter.

(21)   'Licensee' means an individual who has met the requirements for licensure under this chapter and has been issued a license to practice as a social worker.

(22)   'Masters Social Worker' means a person licensed to engage in the practice of Masters Social Work.

(23)   'Practice of Baccalaureate Social Work' means the professional application of social work theory, knowledge, methods, principles, values, and ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. The practice of Baccalaureate Social Work is a basic generalist practice that includes assessment, planning, intervention, evaluation, mediation, case management, information and referral, counseling, advocacy, supervision of employees, consultation, client education, research, community organization, and the development, implementation, and administration of policies, programs, and activities. Baccalaureate Social Workers are not qualified to diagnose and treat mental illness nor provide psychotherapy services. Baccalaureate Social Work is practiced only in organized settings such as social, medical, or governmental agencies and may not be practiced independently or privately.

(24)   'Practice of Independent Social Work - Advanced Practice' means the professional application of social work theory, knowledge,

(25)   'Practice of Independent Social Work - Clinical Practice' means the professional application of social work theory, knowledge, methods, principles, values, and ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, and direct clinical needs of organizations and communities. The practice of Clinical Social Work requires the application of specialized clinical knowledge and advanced clinical skills in the areas of assessment, diagnosis, and treatment for mental, emotional, and behavioral disorders, and conditions. Treatment methods include the provision of individual, marital, couple, family, and group counseling and psychotherapy. The practice of independent clinical social work includes case management, information and referral, mediation, client education, supervision of employees, consultation, research, advocacy, outcome evaluation, and expert testimony.   The practice of Independent Social Work - Clinical Practice may include private practice. A Licensed Independent Social Worker - CP may not practice advanced practice social work independently. The Independent Social Worker - CP may engage in the activities included under the practice of Masters Social Work.

(26)   'Practice of Masters Social Work' means the application of social work theory, knowledge, methods, and ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. Masters Social Work Practice requires the application of specialized knowledge and advanced practice skills in the areas of assessment, treatment planning, implementation and evaluation, case management, information and referral, mediation,

(27)   'Private practice' means the provision of clinical or advanced social work services by a Licensed Independent Social Worker who assumes responsibility for the nature and quality of the services provided to the client in exchange for direct payment or third-party reimbursement.

(28)   'Psychotherapy' means the use of treatment methods utilizing a specialized, formal interaction between an appropriately Licensed Social Worker and an individual, couple, family, or group in which a therapeutic relationship is established, maintained, and sustained to understand unconscious processes, intrapersonal, interpersonal, and psychosocial dynamics, and the diagnosis and treatment of mental, emotional, and behavioral disorders, conditions, and addictions.

Section   40-63-30.     (A)   No individual shall offer social work services or use the designation 'Social Worker', 'Licensed Baccalaureate Social Worker', 'Licensed Masters Social Worker', 'Licensed Independent Social Worker - Clinical Practice', 'Licensed Independent Social Worker - Advanced Practice', or the initials 'LBSW', 'LMSW', or 'LISW' or any other designation indicating licensure status or hold themselves out as practicing social work or as a Baccalaureate Social Worker, Masters Social Worker, or Independent Social Worker unless licensed in accordance with this chapter.

(B)   A person providing social work services to a client in this State, through telephonic, electronic, or other means, regardless of the location of the social worker, who is not licensed in this State, is practicing without a license.

Section 40-63-40.   Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45, the section encouraging public and consumer membership on the boards administered by the Department of Labor, Licensing and Regulation.

Section 40-63-50.   (A)   In addition to the powers and duties enumerated in Section 40-1-50, the board shall:

(1)   at the first meeting of the board in each calendar year, elect a president and vice-president from its membership. A majority of the appointed members of the board constitutes a quorum. Regular meetings must be held four times a year. Special meetings may be held upon the call of the president or any two members of the board.

(2)   have a seal and the impression must be attached to all official documents issued by it. The board shall keep a full record of all its proceedings and maintain a complete registry of all Licensed Social Workers.

(B)   The board may promulgate regulations necessary to carry out the provisions of this chapter.

Section 40-63-60.   The board may adopt rules governing its proceedings.

Section 40-63-70.   In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.

Section 40-63-80.   For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.

Section 40-63-90.   (A)   If the Department of Labor, Licensing and Regulation or the board has reason to believe that a person has violated a provision of this article or a regulation promulgated under this article or that a licensee has become unfit to practice as a social worker or if a person files a written complaint with the board or the director, the director of the department may initiate an investigation. The results of an investigation must be presented to the board. If it appears that a violation has occurred or that a licensee has become unfit to practice as a Licensed Social Worker, the board may, in accordance with Administrative Procedures Act, take action as authorized by law. The board may designate a hearing officer or panel to conduct hearings or take other action as may be necessary.

(B)   The board shall notify the accused licensee in writing not less than thirty days before the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused licensee by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused licensee, his agent, or a responsible member of his household or office staff, or, if not accepted

(C)   The accused licensee has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel, at the accused licensee's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused licensee. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential, except as hereinafter provided.

(D)   Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, lies against any person by whom or on whose behalf such communication has been made, except upon proof that such communication was made with malice.

(E)   No person connected with a complaint, investigation, or other proceeding before the board including, but not limited to, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, when the board receives information in a complaint, investigation, or other proceeding before it indicating a violation of a state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. Nothing contained in this section may be construed to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law.

Section 40-63-100.   (A)   In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.

(B)   If the board has reason to believe that a person is violating or intends to violate a provision of this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge, as provided under Article 5 of Chapter 23 of Title 1, for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.

Section 40-63-110.   (A)   The board may revoke, suspend, publicly reprimand, or otherwise restrict the practice or discipline a licensee when it is established that the licensee is guilty of misconduct as defined in this chapter.

(B)   Misconduct, which constitutes grounds for revocation, suspension, or restriction of practice or limitation on, reprimand, or other discipline of a licensee is a satisfactory showing to the board that:

(1)   a false, fraudulent, or forged statement or document has been used or a fraudulent, deceitful, or dishonest act has been practiced by the licensee in connection with a license requirement;

(2)   the licensee has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction;

(3)   the licensee violated a regulation, directive, or order of the board;

(4)   the licensee has knowingly performed an act which in any way assists a person to practice social work illegally;

(5)   the licensee has caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a social worker;

(6)   the licensee practiced social work while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice;

(7)   the licensee uses alcohol or drugs to such a degree as to adversely affect the licensee's ability to practice social work;

(8)   the licensee has sustained any physical or mental impairment or disability which renders further practice by the licensee dangerous to the public;

(9)   the licensee has violated the principles of professional ethics or standards of conduct as adopted by the board and promulgated in regulations;

(10)   the licensee is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;

(11)   the licensee is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of social work;

(12)   the licensee has been found by the board to lack the professional competence to practice social work;

(13)   the licensee has engaged in sexual contact with a current client or with a former client during a period of three years after the termination of the therapeutic relationship;

(14)   the licensee has compromised the validity or security of licensure examinations required or recognized by the board;

(15)   the licensee has engaged in unprofessional conduct as determined by the board.

(C)   In addition to all other remedies and actions incorporated in this chapter, the license of a social worker adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until the licensee is adjudged competent by a court of competent jurisdiction.

Section 40-63-120.   Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Section 40-63-100 or 40-1-110, the board may impose sanctions as provided in Section 40-1-120, including suspension, restriction, or revocation of a license and may impose a fine of not more than five thousand dollars for each violation.

Section 40-63-130.   As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

Section 40-63-140.     As provided for in Section 40-1-140, a license may not be denied based solely on a person's prior criminal record.

Section 40-63-150.     As provided for in Section 40-1-150, a licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license.

Section 40-63-160.   As provided for in Section 40-1-160, a person aggrieved by a final action of the board may seek review of the decision.

Section 40-63-170.   As provided for in Section 40-1-170, a person found in violation of this chapter or regulations promulgated under this

Section 40-63-180.   All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Section 40-63-190.   No licensee, or any of his or her employees or associates, shall disclose information which he or she may have acquired during the course of service, except:

(1)   as mandated by Section 20-7-510, requiring certain professionals to report suspected child abuse and neglect, and Section 43-35-85, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult;

(2)   to prevent a clear and immediate danger to a person or persons, in cases where the information is necessary to prevent the client from causing harm to himself or herself or to others;

(3)   where the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of service to the client in which case confidences may be disclosed only in the course of that action;

(4)   where the client is a party in a criminal or civil proceeding, and the client introduces his mental condition as an element of a claim or defense;

(5)   where there is a waiver of confidentiality previously obtained in writing, such information may be disclosed in accordance with the terms of the waiver. Competent clients, or their personal representatives, may consent to the release of confidences. In circumstances where more than one person receives services conjointly, each client who is legally competent to execute a waiver must agree to the waiver referred to in this subsection. Without a waiver from each client legally competent to execute a waiver, no confidences may be disclosed under this subsection;

(6)   Where otherwise required by law or an order signed by a judge of a court of competent jurisdiction.

Section 40-63-200.   (A)   A person who practices or offers to practice as a social worker in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.

(B)   A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.

Section 40-63-210.   In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210, providing for civil actions through the Administrative Law Judge Division for injunctive relief as provided in other sections of this chapter.

Section 40-63-220.   To be licensed as a Baccalaureate Social Worker, an applicant must:

(1)   have submitted a written application in the form prescribed by the board;

(2)   be at least twenty-one years of age;

(3)   be of good moral character;

(4)   have received a baccalaureate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body approved by the board;

(5)   have successfully passed an examination prescribed by the board;

(6)   have paid all applicable fees specified by the board.

Section 40-63-230.   To be licensed as a Masters Social Worker, an applicant must:

(1)   have submitted a written application in the form prescribed by the board;

(2)   be at least twenty-one years of age;

(3)   be of good moral character;

(4)   have received a masters or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board;

(5)   have successfully passed an examination prescribed by the board;

(6)   have paid all applicable fees specified by the board.

Section 40-63-240.   (A)   To be licensed as an Independent Social Worker - Clinical Practice, an applicant must:

(1)   have submitted a written application in the form prescribed by the board;

(2)   be at least twenty-one years of age;

(3)   be of good moral character;

(4)   have received a masters or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board;

(5)   course work content from a program accredited by a nationally recognized accrediting body for social work programs or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board shall include forty-five academic contact hours each of:

(a)   psychopathology;

(b)   psychodiagnostics;

(6)   demonstrate to the board the satisfactory completion of three thousand hours of social work practice under clinical supervision, which meets the following criteria, or demonstrate to the board's satisfaction equivalent supervised experience in the practice of Clinical Social Work. The board may review extraordinary circumstances related to supervised practice. Supervised practice under clinical supervision shall meet the following requirements:

(a)   must have occurred after licensure as a Masters Social Worker and over a minimum two-year and maximum four-year period;

(b)   must include face-to-face meetings between the approved clinical supervisor and the supervisee for a minimum of one hundred hours of direct clinical supervision equitably distributed;

(c)   be documented by a plan for clinical supervision, filed with the board before beginning the period of supervision, (properly amended by submission of a notice of the end of supervision and a termination evaluation if a supervisory change is made) and submitted to the board with a termination evaluation at the end of the supervisory period;

(7)   have obtained 15 academic contact hours or 20 continuing education contact hours in professional ethics during the course of the professional supervision period, or have completed a board sponsored specialty course in professional ethics;

(8)   have successfully passed an examination prescribed by the board;

(9)   have paid all applicable fees specified by the board.

(B)   To be licensed as an Independent Social Worker - Advanced Practice, an applicant must:

(1)   have submitted a written application in the form prescribed by the board;

(2)   be at least twenty-one years of age;

(3)   be of good moral character;

(4)   have received a masters or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board;

(5)   course work content shall include 90 academic contact hours of course work in advanced social work practice with communities and organizations;

(6)   demonstrate to the board the satisfactory completion of three thousand hours of social work practice under advanced practice supervision, which meets the following criteria, or demonstrate to the board's satisfaction equivalent supervised experience in the practice of advanced practice social work. The board may review extraordinary circumstances related to supervised practice. Supervised practice under advanced practice supervision shall meet the following requirements:

(a)   must have occurred after licensure as a Masters Social Worker and over a minimum two-year and maximum four-year period;

(b)   must include face-to-face meetings between the approved advanced practice supervisor and the supervisee for a minimum of one hundred hours of direct advanced practice supervision equitably distributed;

(c)   be documented by a plan for advanced practice supervision, filed with the board before beginning the period of supervision, (properly amended by submission of a notice of the end of supervision and a termination evaluation if a supervisory change is made) and submitted to the board with a termination evaluation at the end of the supervisory period;

(7)   have obtained fifteen academic contact hours or twenty continuing education contact hours in professional ethics during the course of the professional supervision period, or have completed a board sponsored specialty course in professional ethics;

(8)   have successfully passed an examination prescribed by the board;

(9)   have paid all applicable fees specified by the board.

(C)   The qualifications for an Approved Advanced Practice Supervisor are that the licensee must:

(1)   be a Licensed Independent Social Worker - Advanced Practice;

(2)   have successfully passed an examination prescribed by the board;

(3)   have a minimum of four thousand five hundred hours of advanced practice earned over a period of not less than three years beyond receipt of an LISW-AP;

(4)   have obtained forty-five academic contact hours or forty-five continuing education contact hours in supervision.

(D)   The qualifications for a Clinical Practice Supervisor are that the licensee must:

(1)   be a Licensed Independent Social Worker - Clinical Practice;

(2)   have successfully passed an examination prescribed by the board;

(3)   have a minimum of four thousand five hundred hours of clinical practice earned over a period of not less than three years beyond receipt of an LISW-CP;

(4)   have obtained forty-five academic contact hours or forty-five continuing education contact hours in supervision.

Section 40-63-250.   (A)   If an applicant satisfies all licensure requirements required in this chapter, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed social worker while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.

(B)   A licensee under this chapter must display the license in a prominent and conspicuous place in the primary place of practice.

(C)   A licensee under this chapter must indicate his or her category of licensure following his or her name or signature on all professional documents.

(D)   Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board in regulation.

(E)   Any licensee who allows his license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of his failure to renew his license and upon payment of a reinstatement fee and the current

Section 40-63-260.   (A)   In order for a social worker currently licensed in another jurisdiction to obtain a license as a social worker in this State, the applicant must:

(1)   have submitted a written application in the form prescribed by the board;

(2)   be at least twenty-one years of age;

(3)   be of good moral character;

(4)   have received a baccalaureate, masters, or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board;

(5)   have successfully passed an examination prescribed by the board;

(6)   have presented to the board evidence that all social work licenses possessed by the applicant are current and in good standing;

(7)   have presented to the board proof that no professional licenses granted to the applicant in any other state have been suspended, revoked, or restricted for any reason except nonrenewal or for the failure to obtain the required continuing education; and

(8)   have paid all applicable fees specified by the board.

(B)   An applicant for licensure under this section is only eligible for licensure at the equivalent designation recognized in the jurisdiction in which he or she is currently licensed.

Section 40-63-270.   (A)   A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and areas of specialization. All social workers subject to this chapter must provide the client with a statement of their rights and procedures to file a complaint prescribed by the board.

(B)   No licensee may engage in prescribing or in dispensing medications.

Section 40-63-280.   The Board of Social Work Examiners may promulgate regulations setting forth standards of conduct for persons licensed by the board and may establish regulations pertaining to the practice of impaired licensees.

Section 40-63-290.   Nothing in this chapter prevents:

(1)   members of the clergy and licensed, registered, certified, or qualified professionals including, but not limited to, physicians, elementary or secondary teachers, nurses, psychologists, licensed professional counselors, licensed marriage and family therapists, and licensed psycho-education specialists and attorneys from practicing their professions and delivering similar services within the scope of their respective practices provided they do not hold themselves out to the public by any title or description as being social workers;

(2)   employees of licensed hospitals in this State from performing services commonly within the definition of social work if the services are performed within the course of and scope of their employment as an employee of the hospital, and the employee is not identified in any way as a social worker;

(3)   persons from rendering services that are the same as or similar to those within the scope of practice provided for in this chapter if the person receives no remuneration from any source for the rendering of the service and the person is not identified in any way as a social worker;

(4)   students who are engaged in field placements or other closely supervised practice while enrolled in accredited programs of study leading to social work degrees from practicing social work;

(5)   employees of the State of South Carolina from performing services commonly within the definition of social work if the services are performed within the course of and scope of their employment with the State, and if he/she has been specifically trained to perform these services and the employee is not identified in any way as a social worker;

(6)   social workers so licensed in another jurisdiction may, after notice to the board, practice within the scope of their licenses during or immediately following a declared or recognized emergency for a period not to exceed sixty days.

Section 40-63-300.   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 chapter, the General Assembly hereby declaring that it would have

SECTION 2.   (A)   For one year after this act's effective date, social work licenses issued pursuant to Chapter 63, Title 40 of the 1976 Code prior to amendment of Chapter 63 by Section 1 of this act must be converted to licenses authorized pursuant to this act as follows:

(1)   Current Licensed Independent Social Workers, who have already successfully passed either the clinical or advanced practice examination, must be immediately granted a Clinical Practice or Advanced Practice designation by the board, according to the examination passed. Those with at least three years' practice as a Licensed Independent Social Worker shall immediately qualify to be an Approved Clinical Supervisor or an Approved Advanced Practice Supervisor.

(2)   Current Licensed Independent Social Workers who hold the Masters of Social Work or doctorate degree in social work shall submit their major practice area to the board for evaluation and determination of the appropriate licensure designation of Clinical Practice and/or Advanced Practice. An individual has the option to take the exam or exams for designation of Clinical Practice and/or Advanced Practice. Those with at least thirteen years of practice as a Licensed Independent Social Worker may submit their qualifications for evaluation and determination by the board to be an Approved Clinical Supervisor and/or an Approved Advanced Practice Supervisor.

(3)   Current Licensed Independent Social Workers who do not hold the Masters of Social Work or doctorate degree in social work shall, within four years of the date of this act, attain a Licensed Independent Social Worker - Clinical Practice and/or Licensed Independent Social Worker - Advanced Practice License by meeting the examination requirements of the board or cease and desist from independent practice and accept licensure as a Licensed Masters Social Worker.

(4)   Current Licensed Masters Social Workers must be immediately granted a Licensed Masters Social Worker License.

(5)   Current Licensed Baccalaureate Social Workers must be immediately granted a Licensed Baccalaureate Social Worker License.

(B)   Licensed Masters Social Workers who as of the effective date of this act are engaged in the practice of independent social work may be granted a license as follows:

(1)   Licensed Masters Social Workers currently engaged in the practice of independent social work shall within four years of the date of this act, attain a Licensed Independent Social Worker - Clinical Practice License or a Licensed Independent Social Worker - Advanced Practice License by meeting the supervision and examination requirements of the board or cease and desist from independent practice.

(2)   Licensed Masters Social Workers with a Masters of Social Work or doctorate degree in social work may submit their experience and supervision to the board for consideration of a waiver of current supervision requirements. Applicants who hold the Academy of Certified Social Workers, the Diplomat in Clinical Social Work, or the Board Certified Diplomat credential must be considered to have satisfactory evidence of supervision. Upon verification of their experience and supervision, these individuals may qualify for a Licensed Independent Social Worker License by successfully passing the Clinical or Advanced Practice Examination.

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

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

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

S. 668 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO

S. 965 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION

S. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

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

S. 886 (Word version) -- Senators Leatherman, McGill, Land, Glover, Saleeby, Rankin and Elliott: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY, TO LIMIT THE "DISTRESSED" DESIGNATION TO NO MORE THAN SIX COUNTIES, AND TO PROVIDE FOR GROUPS OF AT LEAST SIX, BUT NOT MORE THAN TEN, CONTIGUOUS COUNTIES TO JOIN IN A REGIONAL ALLIANCE AREA TO PROMOTE REGIONAL DEVELOPMENT AND TO ALLOW A COUNTY IN THE ALLIANCE TO BE DESIGNATED AS A "LEAST DEVELOPED COUNTY" IF CERTAIN AVERAGE UNEMPLOYMENT CRITERIA ARE MET IN THE COUNTIES COMPRISING THE ALLIANCE AREA COUNTIES; AND TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS.

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

There was no objection.

On motion of Senator SHORT, with unanimous consent, the Bill was read the second time with notice of general amendments and ordered placed on the third reading Calendar.

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

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

On motion of Senator LAND, H. 4121 was ordered to receive a third reading on Thursday, February 21, 2002.

S. 1027 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RETAIL MANAGERS; FINANCE MANAGERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2621, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1028 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO STAFF LEASING SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2631, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 237 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM

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

The Committee on Labor, Commerce and Industry proposed the following amendment (S-237 AMENDMENT1), which was adopted:

Amend the bill, as and if amended, Section 40-59-210, page 25, by striking lines 34-42 and inserting:

/which is in addition to all other penalties provided by law. The penalties shall be deposited in the state general fund./

Amend further, Section 40-59-220, page 26, by striking lines 32-36 and inserting:

/less than fifteen thousand dollars or a reviewed financial statement demonstrating a net worth of not less than seventy-five thousand dollars of which at least fifteen thousand dollars must be in cash and cash equivalents./

Amend further, Section 40-59-230, by striking line 20 and inserting:

/provisions of this chapter, the commission shall annually renew/

Amend further, Section 40-59-260, page 29, by striking lines 25-27 and inserting:

/specialty contractor of any kind./

Amend further, Section 40-59-530, page 33 after line 11 by adding :

/(4) who is duly licensed under the provisions of Section 46-13-55 for the purpose of issuing CL100 Wood Infestation Reports, provided such inspection is limited solely to the requirement of the CL100 report./

Renumber sections to conform.

Amend title to conform.

Senator MOORE 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.

S. 1017 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE III, SECTION 3, ARTICLE VI, AND SECTION 1A, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, ALL RELATING TO THE PROHIBITION AGAINST DUAL OFFICE HOLDING, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST PROVIDE BY LAW FOR THE OFFICES WHICH ARE EXCEPTIONS TO THE DUAL OFFICE HOLDING PROHIBITION.

On motion of Senator RYBERG, with unanimous consent, the Joint Resolution was carried over.

S. 823 (Word version) -- Senators Leventis, Richardson, Hayes, Waldrep, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-2-90 SO AS TO REQUIRE THAT AN INNKEEPER CONSPICUOUSLY POST TELEPHONE, E-MAIL, ON-LINE, AND FAX RATES CHARGED IN ITS LODGING ESTABLISHMENT.

On motion of Senator LEATHERMAN, 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. 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

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.

Senators RITCHIE, MARTIN and LEATHERMAN proposed the following Amendment No. P-1A (3307R002.JHR):

Amend amendment No. 1 bearing document number JUD3307.008, as and if amended, by striking the amendment in its entirety and inserting in lieu thereof the following:

/   SECTION   1.   A.   Chapter 150 of Title 59 of the 1976 Code is amended by adding:

"Section 59-150-355.   (A)   There is appropriated for the following purposes and programs annually from the Education Lottery Account

(B)   Subject to subsection (A), the first $100,000,000 in the Education Lottery Account must be appropriated as follows:

(1)   The expansion of LIFE Scholarships: an amount, not to exceed $45,200,000, which must be used to fund an increase in LIFE Scholarships to $4,200, which includes tuition costs and a $300 book allowance, for eligible students attending eligible public and independent four-year institutions of higher learning in this State and the cost of tuition without a book allowance for eligible students attending a public or independent two-year institution of higher learning or technical college in this State. Any excess monies over what is required to fund the increase attributable to this item must be allocated to the remaining items in this subsection.

(2)   Funding of Palmetto Fellows Scholarships: an amount, not to exceed $7,100,000, which must be used to fund the Palmetto Fellows Award at the level of $7,500 a year, a percentage of which must be used for higher education scholarships and grants for students attending independent institutions of higher learning in this State. This percentage must equal the percentage of the independent institutions' share of the total state resident undergraduate full-time enrollment (FTE) of all public and independent institutions of higher learning based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission. These Palmetto Fellows Scholarship in combination with all other grants and scholarships may not exceed the cost of attendance at the institution. Any excess monies over what is required to fund the Palmetto Fellows Award at that level must be allocated to the remaining items in this subsection.

(3)   Funding of SC HOPE Scholarships: an amount, not to exceed $6,500,000, which must be used to fund the SC HOPE Scholarship program in the amount of $3,000 to an eligible student entering the freshman year of undergraduate study at an eligible four-year institution of higher learning as defined in Section 59-50-370(B). A student receiving a Palmetto Fellows Scholarship or a LIFE Scholarship or who graduates in the top thirty percent of his class but without a 'B' average is ineligible to receive a HOPE Scholarship. Any excess monies over what is required to fund the HOPE Scholarship program must be allocated to the remaining item in this section.

(4)   Free tuition for two-year and technical colleges: an amount constituting the balance of the first $100,000,000 distributed pursuant to this subsection, but not less than $41,200,000, to the State Board of Technical and Comprehensive Education and the Commission on Higher Education pro rata, based on the number of students enrolled in the state's technical colleges and public two-year institutions of higher learning as provided in Section 59-150-360, as follows: to fund the free tuition of any eligible student who does not qualify for the LIFE Scholarship and who:

(a)   is a South Carolina resident for at least one year;

(b)   is enrolled and maintains six credit hours each semester in a certificate, degree, or diploma program;

(c)   makes reasonable progress toward completion of the requirements for the certificate, degree, or diploma program including, but not limited to, the maintenance of a cumulative grade point average of 2.0;

(d)   completes a Free Application for Federal Student Aid (FAFSA) application and first applies any federal monies and needs-based grants received to his cost of tuition.

Lottery tuition assistance at independent two-year institutions must be the same as the maximum in-state tuition rate at a two-year public institution.

(C)   After the full funding of items in subsection (B), the following programs must be funded in the following amounts. If the available monies do not equal at least $27,000,000 for funding of items (1) through (8) of this subsection, each program must be funded its pro rata share after a proportionate reduction among programs represented by items (1) through (8):

(1)   $10,000,000--Endowed Chairs Matching Grant Programs at this state's senior research universities, the Medical University of South Carolina, the University of South Carolina, and Clemson University, as follows: to the Commission on Higher Education for the funding of matching grants to establish endowed research professorships at the state's three senior research institutions, MUSC, USC, and Clemson University. The monies must be distributed to the named universities pursuant to a competitive bid process as developed by the Commission on Higher Education and that seeks to support and encourage research with the end of strengthening the state's economic posture. The applicants must certify that the nonstate funds to be matched by awarded grants are actually in hand. The Commission on Higher

(2)   $4,000,000--College Technology Investment Matching Grant Program as follows: to the Commission on Higher Education and used to fund matching grants for technology infrastructure including, but not limited to, connectivity, upgrade, hardware, software, management, maintenance, installation, and training at this state's public four-year and two-year institutions of higher learning, branches of the USC, and institutions in the technical and comprehensive education system, as defined in Sections 59-103-15(B)(2), (3), and (4), not to include the state's three senior research universities, MUSC, USC, and Clemson University. The monies must be allocated to the Commission on Higher Education for distribution in the amount of at least $100,000 to eligible institutions according to a competitive application process based on objective criteria developed by the Commission on Higher Education, which includes a certification from the applicant that the matching funds from a nonstate appropriated source are in hand. Up to one percent of the allocated amount may be used by the Commission on Higher Education to fund its administration of the program.

(3)   $1,500,000--South Carolina State Library for funding public library state aid.

(4)   $5,000,000--South Carolina Department of Education to be allocated for technology connectivity, upgrade, hardware, software, management, maintenance, installation, and training in grades K-12.

(5)   $1,500,000--Commission on Higher Education to fund the National Guard Tuition Repayment Program.

(6)   $2,000,000--Commission on Higher Education to fund need-based grants for students and grants to teachers for advanced education with priority to annual grants for teachers working toward the master's degree or advanced education in their areas.

(7)   $1,000,000--State Department of Education for school-based grants for pilot programs.

(8)   $2,000,000--State Department of Education for the funding of homework centers.

(9)   The balance over $27,000,000 after funding of items (1) through (8), in an amount not to exceed $24,000,000, must be allocated to the Department of Education for distribution of funds through local school districts with priority given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act."

B.   The following education purposes and programs must be funded in the following nonrecurring amounts from net proceeds accumulated in the Education Lottery Account from January 7, 2002, through June 30, 2002; however, no distribution may be made from the Education Lottery Account until net proceeds in the account exceed $35,000,000:

(1)   $30,000,000 to the State Department of Education for the purchase of new school buses, with the first $600,000 to be allocated to the South Carolina School for the Deaf and Blind.

(2)   $18,500,000 to South Carolina Education Television for digitalization.

(3)   $10,000,000 to the Commission on Higher Education for the Endowed Research Chairs Matching Grant Program.

(4)   $5,000,000 to the Commission on Higher Education for the funding of the Technology Investment Matching Grant Program at the state's public two-year and four-year institutions of higher learning, two-year branches of the USC, and technical colleges.

(5)   $3,700,000 to a Scholarship Reserve Fund, distinct and separate from other monies in the Education Lottery Account, to be managed by the State Treasurer and designated for use to overcome a shortfall in scholarship funding.

(6)   One-half the remaining balance to the Scholarship Reserve Fund and one-half to the State Department of Education to fund the purchase of new school buses.

SECTION   2.   (A)   This section is known and may be cited as the "South Carolina Research Centers of Economic Excellence Act".

(B)   The General Assembly finds:

(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

(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 nonstate 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 shall encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education;

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

(C)   Title 2 of the 1976 Code is amended by adding:

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, education, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for developing procedures for independent peer review of funding applications and the awarding of matching funds as provided in Section 2-75-60, determination of suggested targeted knowledge-based industries for which proposals must be accepted, and for oversight and operation of

Independent peer review means a systematic review of the funding application by individuals who possess the technical skills and professional competencies and experiences necessary to be recognized as experts in the field under review and who are not affiliated with the public higher education system in South Carolina.

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 the amounts provided by the General Assembly. 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 matching funds 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;

(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 shall solicit recommendations from independent reviewers on the merits of the application. The board shall develop lists of qualified reviewers from among experts on the subject matter area of the application. In developing its lists, the board shall consult known authorities on the

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."

(D)   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this section 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."

SECTION   3.   Section 59-150-360(A) of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"(A)   A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, a technical college of this State or a public two-year institution of higher learning, subject to the availability of funds. 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 in-state tuition rate at a two-year public institution. In order to qualify, a student must not be a recipient of a LIFE Scholarship and 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, including maintenance of a cumulative grade point average of 2.0; and

(4)   complete a Free Application for Federal Student Aid (FAFSA) application, and first apply any federal monies and needs-based grants received to the cost of his tuition.

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."

SECTION   4.   Section 59-150-350(D) of the 1976 Code, as added by Act 59 of 2001 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 be allocated 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

SECTION   5.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senators MARTIN and RITCHIE argued in favor of the adoption of the amendment.

At 2:46 P.M., the PRESIDENT assumed the Chair.

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

Senator RITCHIE moved that the amendment be adopted.

Senator MOORE argued contra to the adoption of the amendment.

At 2:54 P.M., on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 3:11 P.M., the Senate resumed.

At 3:11 P.M., on motion of Senator HAYES, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 3:48 P.M., the Senate resumed.

Senator FORD argued contra to the adoption of the amendment.

I wish the Journal to reflect that my page, Mr. Jamie Monogan, of Charleston, S.C., is a current recipient of the Palmetto Fellows Scholarship.

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

At 4:25 P.M., with Senator FORD retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 5:15 P.M., the Senate resumed.

Senator FORD resumed arguing contra to the adoption of the amendment.

Senator JACKSON argued contra to the adoption of the amendment.

Senator PATTERSON argued contra to the adoption of the amendment.

At 6:24 P.M., Senator MARTIN assumed the Chair.

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

At 7:18 P.M., Senator ALEXANDER assumed the Chair.

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

At 8:00 P.M., Senator THOMAS assumed the Chair.

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

Senator MOORE argued contra to the adoption of the amendment.

At 10:08 P.M., Senator BAUER assumed the Chair.

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

At 10:41 P.M., Senator MARTIN moved under Rule 15A to set a time certain of 11:00 P.M. to vote on the entire matter of H. 3307.

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

Alexander                 Bauer                     Courson
Giese                     Grooms                    Hawkins
Hayes                     Leatherman                Martin
McConnell                 Mescher                   Peeler
Richardson                Ritchie                   Ryberg
Smith, J. Verne           Verdin                    Waldrep

Anderson                  Branton                   Drummond
Elliott                   Glover                    Hutto
Kuhn                      Matthews                  Moore
Patterson                 Pinckney                  Rankin
Reese                     Setzler                   Short

Having failed to receive the necessary vote, the motion under Rule 15A failed.

At 10:47 P.M., Senator MARTIN moved under Rule 3B to send for the absentee members.

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

Alexander                 Branton                   Courson
Giese                     Grooms                    Hawkins

Hayes                     Kuhn                      Leatherman
Martin                    McConnell                 Mescher
Peeler                    Richardson                Ritchie
Ryberg                    Smith, J. Verne           Verdin
Waldrep

Anderson                  Drummond                  Elliott
Glover                    Hutto                     Matthews
Moore                     Patterson                 Pinckney
Rankin                    Reese                     Setzler
Short

At 10:53 P.M., Rule 3B was invoked and the ACTING PRESIDENT instructed the Sergeant-at-Arms to secure the Chambers and send for all members absent without leave.

The Senate resumed.

Senator MOORE argued contra to the adoption of the amendment.

At 12:00 A.M., Senator THOMAS assumed the Chair.

Senator MOORE continued to argue contra to the adoption of the amendment.

At 12:06 A.M., Senator BRANTON assumed the Chair.

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

At 12:30 A.M., Senator VERDIN assumed the Chair.

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

At 1:18 A.M., Senator HUTTO made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator HUTTO moved that the Senate stand adjourned.

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

Glover                    Hutto                     Matthews
Patterson                 Pinckney                  Reese
Setzler                   Short

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Giese                     Grooms                    Hawkins
Hayes                     Kuhn                      Leatherman
Leventis                  Martin                    McConnell
Mescher                   Moore                     Peeler
Rankin                    Richardson                Ritchie
Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep

The Senate refused to adjourn. The question was the adoption of Amendment No. P-1A.

At 1:24 A.M., the PRESIDENT assumed the Chair.

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

At 2:30 A.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator RYBERG moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Giese                     Glover
Grooms                    Hawkins                   Hayes
Hutto                     Kuhn                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 Mescher                   Moore
Patterson                 Peeler                    Pinckney
Reese                     Richardson                Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

A quorum being present, the Senate resumed.

Senator MOORE argued contra to the adoption of the amendment.

At 3:28 A.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEVENTIS moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Giese                     Glover
Grooms                    Hawkins                   Hayes
Hutto                     Kuhn                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 Mescher                   Moore
Patterson                 Peeler                    Pinckney
Reese                     Richardson                Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

A quorum being present, the Senate resumed.

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

At 3:50 A.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator LEVENTIS moved that the Senate stand adjourned.

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

Anderson                  Drummond                  Elliott
Glover                    Hutto                     Leventis
Matthews                  Moore                     Patterson
Pinckney                  Reese                     Setzler
Short

Alexander                 Bauer                     Branton
Courson                   Giese                     Grooms
Hawkins                   Hayes                     Kuhn
Leatherman                Martin                    McConnell
Mescher                   Peeler                    Richardson
Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep

The Senate refused to adjourn.

Senator MOORE argued contra to the adoption of the amendment.

Senator LEATHERMAN moved under Rule 3B that the Sergeant-at-Arms be directed to send for the absent members.

The motion was adopted and the Sergeant-at-Arms was so directed.

Senator MOORE argued contra to the adoption of the amendment.

At 4:00 A.M., Senator MARTIN assumed the Chair.

Senator MOORE argued contra to the adoption of the amendment.

Senator LEVENTIS rose for an Expression of Personal Interest.

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

At 4:07 A.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEVENTIS moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Giese                     Glover
Grooms                    Hawkins                   Hayes
Hutto                     Kuhn                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 Mescher                   Moore
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

A quorum being present, the Senate resumed.

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

At 4:17 A.M., the PRESIDENT assumed the Chair.

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

At 4:37 A.M., Senator RAVENEL made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

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

At 5:48 A.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Giese                     Glover
Grooms                    Hawkins                   Hayes
Hutto                     Kuhn                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 Mescher                   Moore
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ryberg                    Setzler
Short                     Smith, J. Verne           Thomas
Verdin                    Waldrep

A quorum being present, the Senate resumed.

Senator MOORE resumed arguing contra to the adoption of the amendment.

At 5:59 A.M., Senator MARTIN assumed the Chair.

Senator MOORE argued contra to the adoption of the amendment.

At 6:38 A.M., Senator SHORT made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator SHORT moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Giese                     Glover
Grooms                    Hawkins                   Hayes
Hutto                     Kuhn                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 Mescher                   Moore
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

A quorum being present, the Senate resumed.

Senator LAND recorded his presence subsequent to the Call of the Senate.

Senator MOORE argued contra to the adoption of the amendment.

At 6:55 A.M., Senator McCONNELL assumed the Chair.

Senator MOORE argued contra to the adoption of the amendment.

At 7:14 A.M., the PRESIDENT assumed the Chair.

At 7:21 A.M., Senator GROOMS made the point that a quorum was not present. It was ascertained that a quorum was present.

Senator MOORE argued contra to the adoption of the amendment.

At 7:54 A.M., Senator THOMAS asked unanimous consent to make a motion that the Senate stand in recess for five minutes.

Senator McCONNELL objected.

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

At 8:38 A.M., with Senator MOORE retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate agreed to rescind Rule 3B for the duration of a recess until 10:30 A.M.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by the recess.

The Senate reassembled, at 10:37 A.M., and was called to order by the ACTING PRESIDENT, Senator J. VERNE SMITH.

By prior motion of Senator MARTIN, with unanimous consent, Rule 3B was invoked.

At 10:40 A.M., with Senator MOORE retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 10:50 A.M., the Senate resumed.

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

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

Senator MOORE argued contra to the adoption of Amendment No. P-1A.

At 10:52 A.M., the PRESIDENT assumed the Chair.

Senator MOORE argued contra to the adoption of the amendment.

At 12:12 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator MOORE argued contra to the adoption of the amendment.

On motion of Senator RITCHIE, at 12:00 Noon, Senator WALDREP was granted a leave of absence until 1:30 P.M.

Senator RYBERG asked unanimous consent to request a leave of absence for Senator GREGORY until midnight, Saturday, February 23, 2002.

Senator LEVENTIS objected.

At 12:13 P.M., Senator JACKSON requested and was granted a leave of absence until 12:00 Noon on Monday, February 25, 2002.

On motion of Senator RYBERG, at 12:12 A.M., Senator GREGORY was granted a leave of absence until midnight, Saturday, February 23, 2002.

At 12:14 P.M., Senator FORD requested and was granted a leave of absence until 12:00 Noon on Monday, February 25, 2002.

Senator MOORE continued arguing contra to the adoption of Amendment No. P-1A.

On motion of Senator RITCHIE, with unanimous consent, Senators RITCHIE, LAND, GROOMS and McGILL were granted leave to attend a subcommittee meeting on S. 926.

Senator MOORE continued arguing contra to the adoption of amendment.

Senator McCONNELL asked unanimous consent to make a motion, with Senator MOORE retaining the floor, that, when the Senate stands adjourned, it stand adjourned to meet at 12:40 P.M. on Thursday, February 21, 2002; and further, that, when the Senate reconvenes, it proceed to the invocation and the Pledge of Allegiance, the Morning Hour and resume consideration of Interrupted Debate, H. 3307.

There was no objection and the motion was adopted.

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

On motion of Senator BAUER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. E. F. "Bubba" Farr of Columbia, S.C., beloved husband, father and friend.

At 12:35 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 12:40 P.M.

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