Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear a word from Proverbs, Chapter 27:17:

"Iron sharpens iron, and one person sharpens the wits of another."
Let us pray.

Eternal Father, mighty to save: Our age is a tricky age! Our world has never known an age that wasn't tricky.

Grant to us a measure of cheer when things don't go well... continue in grace when things are difficult... serenity when things are irritating... strength and sharpness of mind and resourcefulness in spirit so that in the end we may rejoice together!
Amen.

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

Senator DRUMMOND introduced Dr. Stanley C. Baker of Greenwood, S.C., Doctor of the Day.

At 12:04 P.M., Senator LEVENTIS asked unanimous consent to make a motion to request a leave of absence from 2:00-5:00 P.M. on Wednesday, February 27, 2002.

Senator BRANTON objected.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it would stand adjourned to meet tomorrow at 10:00 A.M.

There was no objection and the motion was adopted.

At 12:15 P.M., Senator JACKSON requested a leave of absence until 12:00 Noon on Tuesday, March 5, 2002.

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

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

There was no objection.

The Resolution was recalled from the committee.

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 Concurrent Resolution was adopted, ordered returned to the House.

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

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

There was no objection.

The Bill was recalled from the committee.

On motion of Senator FAIR, with unanimous consent, the Bill was committed to the committee on Corrections and Penology.

There was no objection.

The following were introduced:

S. 1053 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-35 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2002, THE ACTIVITIES UNDER THE JURISDICTION OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE SHALL COME UNDER THE JURISDICTION OF THE STATE SUPERINTENDENT OF EDUCATION.
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Read the first time and referred to the Committee on Education.

S. 1054 (Word version) -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT OWNER-OCCUPIED RESIDENTIAL PROPERTY AND MOTOR VEHICLES FROM PROPERTY TAX WITH THE REVENUE NOT COLLECTED THEREBY REPLACED BY A COUNTY SALES AND USE TAX IMPOSED AS THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, TO PROVIDE THAT PROPERTY TAX MILLAGE RATES APPLICABLE IN THE COUNTY MAY NOT EXCEED THE MILLAGE RATE APPLICABLE FOR THE YEAR OF IMPLEMENTATION OF THE EXEMPTIONS ALLOWED BY THIS AMENDMENT, AND TO PROVIDE THAT THESE EXEMPTIONS AND THE MILLAGE LIMITATION DO NOT APPLY IN A COUNTY WHERE THE RATE OF THE SALES AND USE TAX REQUIRED EXCEEDS BY MORE THAN FIFTY PERCENT THE AVERAGE OF THESE TAXES IN ALL COUNTIES AND THE GOVERNING BODY OF THE COUNTY, BY AN AFFIRMATIVE TWO-THIRDS VOTE, DETERMINES NOT TO IMPOSE THE SALES AND USE TAX.
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Senator THOMAS spoke on the Resolution.

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

S. 1055 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-385 SO AS TO PROVIDE THAT UPON THE DEATH OF A PERSON WHOSE ORGAN DONATION HAS BEEN RECORDED ON HIS DRIVER'S LICENSE OR ON AN ORGAN DONOR CARD, CERTAIN LAW ENFORCEMENT AND MEDICAL OFFICIALS MUST REPORT THE AVAILABILITY OF THE DONATED ORGAN TO THE DONEE UPON BEING INFORMED THAT THE PERSON INTENDED TO DONATE THE ORGAN, TO PROVIDE THAT THE MENTAL CAPACITY OF A PERSON AT THE TIME HE RECORDS THE DONATION OF AN ORGAN ON HIS DRIVER'S LICENSE OR ON AN ORGAN DONOR CARD CANNOT BE CHALLENGED IN A COURT OF LAW, AND TO PROVIDE THAT OWNERSHIP OF A DECEASED ORGAN DONOR'S ORGANS RESIDES EXCLUSIVELY WITH THE ORGAN DONEE.
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Senator THOMAS spoke on the Bill.

Read the first time and referred to the Committee on Medical Affairs.

S. 1056 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
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Read the first time and referred to the Committee on Finance.

S. 1057 (Word version) -- Senator Grooms: A BILL TO PROHIBIT A MUNICIPALITY FROM ANNEXING ALL OR ANY PORTION OF CLOUDER ISLAND IN BERKELEY COUNTY.
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Read the first time and referred to the Committee on Judiciary.

S. 1058 (Word version) -- Senators Alexander and Giese: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WAYNE ALAN PEACOCK OF MOUNTAIN REST ON TUESDAY, FEBRUARY 19, 2002, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.

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

H. 3790 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Wilkins, Altman, Edge and Knotts: A JOINT RESOLUTION PROPOSING AMENDMENTS TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY AMENDING SECTION 7, ARTICLE III, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A QUALIFIED ELECTOR RATHER THAN A LEGAL RESIDENT AT THE TIME HE FILES FOR THE OFFICE AND BY ADDING SECTION 16 TO ARTICLE XVII SO AS TO REQUIRE A CANDIDATE SEEKING ELECTIVE OFFICE TO BE A QUALIFIED

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

H. 4730 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4732 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4798 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. MARIE DEASON CLEMENT AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 4792 (Word version) -- Reps. Kelley, Cooper, Kirsh, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis,

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

H. 4796 (Word version) -- Reps. Barfield, Edge, Keegan, Kelley, Miller, Witherspoon, Allen, Allison, Altman, Askins, Bales, 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, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, 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, A. Young and J. Young: A

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

H. 4797 (Word version) -- Reps. J.R. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.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, 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 COMMEND AND CONGRATULATE JUNE MURFF OF AIKEN FOR HER MANY YEARS OF DEDICATED SERVICE TO THE CITIZENS OF AIKEN AND SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HER AND HER FAMILY ON THE OCCASION OF HER RETIREMENT AS PRESIDENT OF THE AIKEN CHAMBER OF COMMERCE.

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

H. 4799 (Word version) -- Rep. Weeks: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF LOVING

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

H. 4800 (Word version) -- Reps. Taylor, Wilder, Carnell, J. Brown, Klauber and Parks: A CONCURRENT RESOLUTION TO CELEBRATE THE REMARKABLE LIFE OF MRS. MILDRED HENDERSON LINDSAY OF LAURENS ON THE JOYOUS OCCASION OF HER EIGHTIETH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF HEALTH AND HAPPINESS.

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

S. 1044 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO CELEBRATE THE STORIED HISTORY AND DEVELOPMENT OF LEE COUNTY, SOUTH CAROLINA, AND TO CONGRATULATE LEE COUNTY AND ALL ITS CITIZENS ON THE OCCASION OF ITS ONE HUNDREDTH BIRTHDAY ON FEBRUARY 25, 2002.

Returned with concurrence.

Received as information.

The PRESIDENT appointed Senators DRUMMOND, COURSON, MATTHEWS, HAYES and KUHN to escort the Honorable Richard (Ric) J. Santos, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.

At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly and, on motion of Senator McCONNELL, the Senate agreed that upon conclusion of the Joint Assembly, it would recede from business until 2:30 P.M.

Address by the National Commander of the American Legion

At 12:30 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of S. 896, a Concurrent Resolution adopted by both Houses.

The Honorable Richard (Ric) J. Santos, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators DRUMMOND, COURSON, MATTHEWS, HAYES and KUHN and Representatives Bales, Knotts, Dantzler, Lloyd and Littlejohn.

The PRESIDENT of the Senate introduced the Honorable Richard (Ric) J. Santos, National Commander of the American Legion.

Commander Santos addressed the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate stood in recess until 2:30 P.M. on prior motion of Senator McCONNELL.

The Senate reassembled, at 2:30 P.M., and was called to order by the PRESIDENT.

At 2:30 P.M., on motion of Senator ALEXANDER, the Senate receded from business not to exceed ten minutes.

At 2:40 P.M., the Senate resumed.

At 2:42 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed ten minutes.

At 2:52 P.M., the Senate resumed.

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

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

H. 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,

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

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 THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.

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. 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).

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

The Committee on Judiciary proposed the following amendment (JUD0803.001), which was adopted:

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

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 61-6-1540, RELATING TO NON-ALCOHOLIC MERCHANDISE, SO AS TO PROVIDE THAT A RETAIL DEALER OF ALCOHOLIC BEVERAGES MAY SELL LOTTERY TICKETS ON HIS RETAIL PREMISES.

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

SECTION   1.   Section 61-6-1540(A) is amended to read:

"(A)   Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:

(1)   drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer.;

(2)   Retail dealers also may sell nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business.; and

(3)   lottery tickets under the provisions of Chapter 159 of Title 59."

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

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

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

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.

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

The Committee on Judiciary proposed the following amendment (JUD0903.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 28, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 15-78-60(19) of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:

"(19)   emergency preparedness activities, activities relating to prevention of terrorism or a terrorist attack, activities in response to a terrorist threat or attack, and activities of the South Carolina National Guard and South Carolina State Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular accidents;"

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

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

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

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

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.

Senator McCONNELL explained the Bill.

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

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.

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.

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

The Committee on Judiciary proposed the following amendment (JUD0932.001), which was adopted:

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

/   SECTION   1.   Section 36-9-109(c) and (d) of the 1976 Code, as last amended by Act 67 of 2001, are further amended to read:

"(c)   This chapter does not apply to the extent that:

(1)   a statute, regulation, or treaty of the United States preempts this chapter; or

(2)   another statute of this State expressly governs the creation, perfection, priority, or enforcement of a security interest created by this State or a governmental unit of this State;

(3)   a statute of another State, a foreign country, or a governmental unit of another State or a foreign country, other than a statute generally applicable to security interests, expressly governs

(4)   the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Section 36-5-114.

(d)   This chapter does not apply to:

(1)   a landlord's lien, other than an agricultural lien, but Section 36-9-317 applies as to the priority of the landlord's lien;

(2)   a lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but Section 36-9-333 applies with respect to priority of the lien;

(3)   an assignment of a claim for wages, salary, or other compensation of an employee;

(4)   a sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;

(5)   an assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;

(6)   an assignment of a right to payment under a contract to an assignee that is also is obligated to perform under the contract;

(7)   an assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

(8)   a transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but Sections 36-9-315 and 36-9-322 apply with respect to proceeds and priorities in proceeds;

(9)   an assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

(10)   a right of recoupment or set-off, but:

(A)   Section 36-9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and

(B)   Section 36-9-404 applies with respect to defenses or claims of an account debtor;

(11)   the creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:

(A)   liens on real property in Sections 36-9-203 and 36-9-308;

(B)   fixtures in Section 36-9-334;

(C)   fixture filings in Sections 36-9-501, 36-9-502, 36-9-512, 36-9-516, and 36-9-519; and

(D)   security agreements covering personal and real property in Section 36-9-604;

(12)   an assignment of a claim arising in tort, other than a commercial tort claim, but Sections 36-9-315 and 36-9-322 apply with respect to proceeds and priorities in proceeds; or

(13)   an assignment of a deposit account in a consumer transaction, but Sections 36-9-315 and 36-9-322 apply with respect to proceeds and priorities in proceeds; or

(14)   a transfer by a government or governmental unit."

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

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL 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.

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.

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

The Committee on Judiciary proposed the following amendment (JUD4539.001), which was adopted:

Amend the concurrent resolution, as and if amended, page 1, line 28, by striking line 28 and inserting therein the following:

/   Be it resolved by the House of Representatives, the Senate   /.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted.

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.

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

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

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

There was no objection.

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

Senator LEATHERMAN proposed the following amendment (NBD\11283SD02), which was adopted:

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

/SECTION   1.   This act may be cited as the "South Carolina Historic Rehabilitation Incentives Act".

SECTION   2.   The 1976 Code is amended by adding:

"Section 12-6-3535.   (A)   A taxpayer who is allowed a federal income tax credit under Section 47 of the Internal Revenue Code for making qualified rehabilitation expenditures for a certified historic structure located in this State is allowed to claim a credit against the tax imposed by this chapter. For the purposes of this section, 'taxpayer', 'qualified rehabilitation expenditures', and 'certified historic structure' are defined as provided in the Internal Revenue Code Section 47 and the applicable treasury regulations. The amount of the credit is ten percent of the expenditures that qualify for the federal credit and the credit is allowed on the schedule provided in subsection (C)(1) of this section. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the section of the federal income tax return showing the credit claimed, along with any other information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection.

(B)   A taxpayer who is not eligible for a federal income tax credit under Section 47 of the Internal Revenue Code and who makes rehabilitation expenses for a certified historic residential structure located in this State is allowed to claim a credit against the tax imposed by this chapter. The amount of the credit is twelve and one-half percent of the rehabilitation expenses. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the

For the purposes of this subsection:

(1)   'Certified historic residential structure' means a structure or portion of a structure that is an owner-occupied personal residence if the residence is not actively used in a trade or business, held for the production of income, or held for sale or disposition in the ordinary course of the taxpayer's trade or business; and that is:

(a)   listed individually in the National Register of Historic Places;

(b)   considered by the State Historic Preservation Officer to contribute to the historic significance of a National Register Historic District;

(c)   considered by the State Historic Preservation Officer to meet the criteria for individual listing in the National Register of Historic Places; or

(d)   an outbuilding of an otherwise eligible property considered by the State Historic Preservation Officer to contribute to the historic significance of the property.

(2)   'Certified rehabilitation' means repairs or alterations consistent with the Secretary of the Interior's Standards for Rehabilitation and certified as such by the State Historic Preservation Officer before commencement of the work. The review by the State Historic Preservation Officer shall include all repairs, alterations, rehabilitation, and new construction on the certified historic residential structure and the property on which it is located. The rehabilitation expenses must, within a thirty-six-month period, exceed fifteen thousand dollars. A taxpayer shall not take more than one credit on the same certified historic residential structure within ten years.

(3)   'Rehabilitation expenses' means expenses incurred in the certified rehabilitation of a certified historic residential structure, including preservation and rehabilitation work done to the exterior of a historic structure, repair and stabilization of historic structural systems, restoration of historic plaster, energy efficiency measures except insulation in frame walls, repairs or rehabilitation of heating, air-conditioning, or ventilating systems, repairs or rehabilitation of electrical or plumbing systems exclusive of new electrical appliances

'Rehabilitation expenses' do not include the cost of acquiring or marketing the property, the cost of new construction beyond the volume of the existing building, the value of an owner's personal labor, or the cost of personal property.

(4)   'State Historic Preservation Officer' means the Director of the Department of Archives and History or the director's designee who administers the historic preservation programs within the State.

(C)(1)   The credit must be taken in equal installments over a five-year period beginning with the taxes due for the taxable year following the taxable year in which the property is placed in service. For a certified rehabilitation of a certified historic residential structure 'placed in service' is defined as the taxable year the certified rehabilitation is completed. Any unused portion of any credit installment may be carried forward for the succeeding five years.

(2)   An 'S' corporation, limited liability company, or partnership that qualifies for a credit under this section may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership. For purposes of this subsection, limited liability company means a limited liability company taxed as a partnership. The amount of the credit allowed a shareholder, member, or partner by this subsection is equal to the shareholder's percentage of stock ownership, member's interest in the limited liability company, or the partner's interest in the partnership for the taxable year multiplied by the amount of the credit earned by the entity. The credit earned pursuant to this section by an 'S' corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to each shareholder.

(D)   Additional work done by the taxpayer while the credit is being claimed, for a period of up to five years, must be consistent with the Secretary of the Interior's Standards for Rehabilitation. During this period the State Historic Preservation Officer may review additional work to the certified historic structure or certified historic residential structure and has the right to inspect certified historic structures and certified historic residential structures. If additional work is not consistent with the Standards for Rehabilitation, the taxpayer and Department of Revenue must be notified in writing and any unused portion of the credit, including carry forward, is forfeited.

(E)   The South Carolina Department of Archives and History shall develop an application and may promulgate regulations, including the

(F)   A taxpayer may appeal a decision of the State Historic Preservation Officer to a committee of the State Review Board appointed by the chairperson."

SECTION   3.   Upon approval by the Governor, this act is effective for taxable years beginning after 2002./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

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

H. 3958 (Word version) -- Reps. Rodgers, Gilham and Rivers: A BILL TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO THE BEAUFORT COUNTY LEGISLATIVE DELEGATION TO THE BEAUFORT COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.

Senator RICHARDSON asked unanimous consent to commit the Bill to the Beaufort County Delegation.

There was no objection.

S. 52 (Word version) -- Senators Wilson, Grooms, McGill, Elliott, Giese, Reese and Branton: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR

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

Senator RITCHIE explained the committee amendment and the Bill.

Senator PATTERSON objected to further consideration of the Bill.

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 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

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

Senator MOORE was recognized.

At 3:13 P.M., with Senator MOORE retaining the floor, on motion of Senator McCONNELL, the Senate receded from business not to exceed twenty minutes.

At 3:37 P.M., the Senate resumed.

At 3:37 P.M., Senator HAYES assumed the Chair.

At 3:38 P.M., with Senator MOORE retaining the floor, on motion of Senator COURSON, the Senate receded from business not to exceed fifteen minutes.

At 3:54 P.M., the Senate resumed.

At 3:54 P.M., Senator HAYES assumed the Chair.

At 3:54 P.M., with Senator MOORE retaining the floor, on motion of Senator HAYES, the Senate receded from business not to exceed thirty minutes.

At 4:25 P.M., the Senate resumed.

At 4:27 P.M., Senator ALEXANDER assumed the Chair.

At 4:27 P.M., with Senator MOORE retaining the floor, on motion of Senator SETZLER, the Senate receded from business not to exceed thirty minutes.

At 5:00 P.M., the Senate resumed.

At 5:00 P.M., Senator HAYES assumed the Chair.

At 5:00 P.M., with Senator MOORE retaining the floor, on motion of Senator PEELER, the Senate receded from business not to exceed thirty minutes.

At 7:25 P.M., the Senate resumed.

At 7:25 P.M., Senator McCONNELL assumed the Chair.

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

On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Harry Lee Brown, Veterans Affairs Officer of Barnwell County, S.C. He also was a veteran of the Vietnam War, an active member of the Vietnam Veterans Association and a former member of the Blackville-Hilda School Board.

At 7:25 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 10:00 A.M.

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