South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate


Printed Page 1371 . . . . . Tuesday, April 17, 2001

Tuesday, April 17, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear the words of the Psalmist in Psalm 68:35:

"Terrible is God in His sanctuary, the God of Israel,

He gives power and strength to His people!

Blessed be God!"
Let us pray.

Our Father, as we return to our labors here, we sense the hopes of the Jewish Passover and hear the shouts of "Hosanna" from the Christian camps, together with the calls and the cries of the multitudes in need of Hope in a world of uncertainty.

We are grateful for Your promises, which are never-failing; for Your grace which is all-sufficient; and for the peace of soul which You give to souls that trust.

We thank You that the ruins and stones of ancient cultures speak mutely, but eloquently, of the Kingdom of God that shall have no end.

Make us and keep us a part of that Kingdom!
Amen!

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable James H. Hodges:

Local Appointment

Initial Appointment, Greenville County Magistrate, with term to commence upon confirmation and to expire April 30, 2002

Charles Ralph Garrett, 270 Pilot Road, Greenville, S.C. 29609 VICE James M. Looper

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:


Printed Page 1372 . . . . . Tuesday, April 17, 2001

Document No. 2558
Agency: Department of Education
SUBJECT: Principal Evaluation Program
Received by Lieutenant Governor January 9, 2001
Referred to Education Committee
Legislative Review Expiration May 9, 2001
Revised June 5, 2001
HEPW Committee Requested Withdrawal March 21, 2001
120 Day Period Tolled
Withdrawn and Resubmitted April 17, 2001

Document No. 2567
Agency: Board of Education
SUBJECT: Requirements for Additional Areas of Certification
Received by Lieutenant Governor January 31, 2001
Referred to Education Committee
Legislative Review Expiration May 31, 2001
Revised June 14, 2001
HEPW Committee Requested Withdrawal April 3, 2001
120 Day Period Tolled
Withdrawn and Resubmitted April 17, 2000

Document No. 2569
Agency: Board of Education
SUBJECT: Types and Levels of Credential Classification
Received by Lieutenant Governor January 31, 2001
Referred to Education Committee
Legislative Review Expiration May 31, 2001
Revised June 27, 2001
HEPW Committee Requested Withdrawal March 21, 2001
120 Day Period Tolled
Withdrawn and Resubmitted April 17, 2001

Doctor of the Day

Senator COURSON introduced Dr. John Eady of Columbia, S.C., Doctor of the Day.


Printed Page 1373 . . . . . Tuesday, April 17, 2001

Leave of Absence

At 11:20 A.M., Senator RAVENEL requested a leave of absence beginning at 4:15 P.M. today and lasting until 9:00 A.M. Wednesday, April 18, 2001.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 588 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-125 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO IMPOSE A ONE-TIME CAPITAL COST IMPACT FEE ON RESIDENCES CONSTRUCTED OR SET UP IN THE DISTRICT, TO PROVIDE LIMITATIONS ON THESE FEES AND FOR THEIR USE AND PAYMENT, AND TO DEFINE "RESIDENTIAL PROPERTY" AND "SCHOOL DISTRICT" FOR PURPOSES OF THIS SECTION.
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Read the first time and referred to the Committee on Finance.

S. 589 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-1035 AND 61-4-505 SO AS TO PROVIDE FOR THE TAXATION OF BEER BREWED IN A BREW PUB AND TO PROVIDE FOR A SPECIAL ON-PREMISES BEER AND WINE RETAIL PERMIT FOR CONVENTION CENTERS, COLISEUMS, AND STADIUMS FOR A FEE OF ONE THOUSAND DOLLARS; TO AMEND SECTION 12-21-1010, RELATING TO DEFINITIONS FOR PURPOSES OF THE BEER AND WINE LICENSE TAX, SO AS TO DEFINE "CIDER"; TO AMEND SECTION 61-4-90, AS AMENDED, RELATING TO THE OFFENSE OF TRANSFERRING OR GIVING BEER OR WINE TO AN UNDERAGE PERSON, SO AS TO DELETE THE REQUIREMENT THAT THE BEER OR WINE IS GIVEN OR TRANSFERRED FOR THE PURPOSE OF CONSUMPTION; TO AMEND SECTIONS 61-4-520 AND 61-4-550, RELATING TO BEER AND WINE PERMITS, SO AS TO CONFORM TERMINOLOGY IN THE GOOD CHARACTER REQUIREMENTS AND PROVIDE LIMITS ON THE ISSUING OF SPECIAL PERMITS; TO AMEND SECTION 61-4-1730, RELATING TO THE TAXATION OF BEER BREWED ON A PERMITTED PREMISES, SO AS TO CONFORM THE TAXING PROVISIONS


Printed Page 1374 . . . . . Tuesday, April 17, 2001

TO SECTION 12-21-1035 OF THE 1976 CODE AS ADDED BY THIS ACT; AND TO AMEND SECTION 61-6-1820, AS AMENDED, RELATING TO THE REQUIREMENTS FOR ISSUING A MINIBOTTLE LICENSE, SO AS TO CONFORM TERMINOLOGY IN THE GOOD CHARACTER REQUIREMENT.
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Read the first time and referred to the Committee on Finance.

S. 590 (Word version) -- Senator Richardson: A BILL TO ENACT THE "SOUTH CAROLINA GENERAL OBLIGATION BOND FISCAL RESPONSIBILITY ACT" BY AMENDING SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO ALLOW THE AUTHORIZATION OF SUCH BONDS ONLY IN A BILL OR JOINT RESOLUTION ENACTED IN AN ODD-NUMBERED YEAR, TO EXTEND ALL LIMITATIONS OF THIS SECTION TO GENERAL OBLIGATION BONDS OF THE STATE, HOWEVER DESCRIBED, SUBJECT TO THE CONSTITUTIONAL LIMIT ON DEBT SERVICE MEASURED AS A PERCENTAGE OF GENERAL FUND REVENUES, TO REQUIRE THE ENACTMENT OF A SEPARATE JOINT RESOLUTION PRECEDING THE AUTHORIZATION OF BONDS THAT SPECIFICALLY ALLOWS THE CONSIDERATION OF A BOND BILL, TO PROVIDE THAT A BILL OR JOINT RESOLUTION ALLOWING SUCH BONDS MAY NOT BE GIVEN THIRD READING IN THE HOUSE OF REPRESENTATIVES OR SENATE OR REPORTED FROM A COMMITTEE OF CONFERENCE OR FREE CONFERENCE UNLESS IT IS ACCOMPANIED BY THE CERTIFICATE OF THE STATE TREASURER THAT DEBT SERVICE ON ALL GENERAL OBLIGATION BONDS OUTSTANDING WHEN ADDED TO ESTIMATED DEBT SERVICE ON AUTHORIZED BUT UNISSUED BONDS AND THE BONDS AUTHORIZED IN THE BILL OR JOINT RESOLUTION DO NOT EXCEED THE THEN CURRENT CONSTITUTIONAL DEBT SERVICE LIMIT, AND TO DEFINE GENERAL OBLIGATION BOND.
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Read the first time and referred to the Committee on Finance.

S. 591 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 40-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 1375 . . . . . Tuesday, April 17, 2001

RELATING TO EXAMINATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO REQUIRE THAT THE ARCHITECT EXAMINATION BE ADMINISTERED IN A FORMAT AND MANNER TO ACCOMMODATE APPLICANTS WITH ANY TYPE OF PHYSICAL DISABILITY.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 592 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MENTAL HEALTH ADMISSION PROCEDURES, SO AS TO ALLOW A PERSON ADMITTED ON AN EMERGENCY BASIS TO BE DISCHARGED, IF BEFORE THE HEARING A DESIGNATED EXAMINER DETERMINES THAT THE PERSON NO LONGER REQUIRES INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-430, AS AMENDED, RELATING TO PROCEDURES FOR TAKING A PERSON INTO CUSTODY FOR TWENTY-FOUR HOURS WHEN THEY ARE ALLEGED TO BE LIKELY TO CAUSE SERIOUS HARM AND A PHYSICIAN IS NOT AVAILABLE TO EXAMINE THE PERSON BEFORE HE'S TAKEN INTO CUSTODY, SO AS TO PROVIDE THAT, IF A PERSON IS NOT TAKEN INTO CUSTODY WITHIN SEVENTY-TWO HOURS OF THE ISSUANCE OF THE PROBATE COURT ORDER AUTHORIZING TAKING THE PERSON INTO CUSTODY, THE ORDER EXPIRES; TO ADD SECTION 44-17-435 SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON TO A MENTAL HEALTH FACILITY IF THE PERSON POSES A LIKELIHOOD OF CAUSING SERIOUS HARM TO HIMSELF OR OTHERS; TO AMEND SECTION 44-17-580, AS AMENDED, RELATING TO MENTAL HEALTH TREATMENT OF A PERSON FOUND TO BE MENTALLY ILL AND IN NEED OF INVOLUNTARY TREATMENT, SO AS TO PROVIDE PROCEDURES AUTHORIZING THE COURT TO REQUIRE A LAW ENFORCEMENT OFFICER TO TAKE A PERSON INTO PROTECTIVE CUSTODY IF THE PERSON WAS ORDERED TO OUTPATIENT TREATMENT AND DID NOT ATTEND; TO AMEND SECTION 44-17-900, RELATING TO IMMUNITY FROM LIABILITY FOR A SUPERINTENDENT OF A MENTAL HEALTH


Printed Page 1376 . . . . . Tuesday, April 17, 2001

FACILITY WHO LEGALLY PARTICIPATED IN THE RELEASE OR DISCHARGE OF A PATIENT FROM A MENTAL HEALTH FACILITY, SO AS TO EXTEND THE IMMUNITY TO DIRECTORS OF FACILITIES, PHYSICIANS, HEALTH CARE PROVIDERS, EXAMINERS, INTERESTED PERSONS, AND LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO THE REQUIREMENT THAT A PERSON IN A MENTAL HEALTH FACILITY OR A DRUG ABUSE FACILITY MAY NOT BE SUBJECTED TO RESTRAINT, SECLUSION, OR PHYSICAL COERCION UNLESS AUTHORIZED IN WRITING BY A PHYSICIAN, SO AS TO EXTEND THE AUTHORITY TO ORDER SUCH TREATMENT TO A LICENSED INDEPENDENT CONTRACTOR; TO AMEND SECTION 44-52-50, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY ADMISSION FOR PERSONS WHO ARE CHEMICALLY DEPENDENT AND IN NEED OF TREATMENT, SO AS TO PROVIDE THAT, IF A PERSON IS NOT TAKEN INTO CUSTODY WITHIN SEVENTY-TWO HOURS OF THE ISSUANCE OF THE PROBATE COURT ORDER AUTHORIZING TAKING THE PERSON INTO CUSTODY, THE ORDER EXPIRES; TO ADD SECTION 44-52-55 SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON INTO CUSTODY IF THE OFFICER REASONABLY BELIEVES THE PERSON IS SUFFERING FROM CHEMICAL DEPENDENCY AND POSES A RISK OF HARM TO HIMSELF OR OTHERS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 593 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS OF ORCHARD PARK ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY ON APRIL 9, 2001, BECAUSE OF A BROKEN WATER LINE AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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Printed Page 1377 . . . . . Tuesday, April 17, 2001

The Joint Resolution was read the first time and, on motion of Senator ALEXANDER, with unanimous consent, was ordered placed on the Calendar without reference.

H. 3013 (Word version) -- Reps. Vaughn, Altman, Barrett, J. Brown, Cobb-Hunter, Cotty, Davenport, Harvin, Leach, Littlejohn, Loftis, Rodgers, Taylor, Wilder, Witherspoon, Walker, W.D. Smith, Harrison, Stille, Whatley, Clyburn and Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-17 SO AS TO AUTHORIZE SPECIFICALLY THE USE OF FLEXIBLE SCHEDULING BY A STATE AGENCY AND INSTITUTION IN DETERMINING AN EMPLOYEE'S MINIMUM FULL-TIME WORKWEEK SCHEDULE, INCLUDING HOURS BEFORE EIGHT-THIRTY A.M. AND AFTER FIVE P.M., SO LONG AS THE CAPACITY OF THE AGENCY OR INSTITUTION IS NOT IMPAIRED.

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

H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.

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

H. 3172 (Word version) -- Reps. Vaughn, Barrett, Davenport, Leach, Witherspoon, Walker, Campsen, Robinson, Rodgers, Stuart, Altman, Sharpe, Loftis, Rice, Hamilton, Easterday, Delleney, Phillips, Harrison, Chellis, Scarborough, Huggins, Tripp, Cato and Gilham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, AND TO PROVIDE THE PROCEDURES FOR, AND


Printed Page 1378 . . . . . Tuesday, April 17, 2001

CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS.

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

H. 3302 (Word version) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

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

H. 3404 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSE SWEARING IN APPLYING FOR REGISTRATION, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-20, AS AMENDED, RELATING TO FRAUDULENT REGISTRATION OR VOTING, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-50, AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO ADD THE OFFENSE OF BRIBING A PERSON TO REGISTER TO VOTE; TO AMEND SECTION 7-25-60, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY BRIBERY, SO AS TO ADD REGISTERING TO VOTE TO THE SECTION; AND TO AMEND SECTION 7-25-70, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY THREATS, SO AS TO PROHIBIT A PERSON FROM USING THREATS OR ANOTHER FORM OF INTIMIDATION TO ENDEAVOR ANOTHER TO REGISTER TO VOTE, AND TO CHANGE THE PENALTY FOR VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY.

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

H. 3427 (Word version) -- Reps. Knotts, Barrett, Govan, Thompson, Whatley, White and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF


Printed Page 1379 . . . . . Tuesday, April 17, 2001

LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO WORLD WAR II VETERANS AND TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE.

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

H. 3442 (Word version) -- Reps. Robinson, Wilkins, W.D. Smith, Quinn, Koon, Knotts, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, Martin, McGee, Meacham-Richardson, Merrill, Owens, Perry, Rhoad, Rice, Riser, Rodgers, Sandifer, Scarborough, Sharpe, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, Stille, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FOUR PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO AMEND AN ACT OF 2000 BEARING RATIFICATION NUMBER 453, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE A SALES TAX EXEMPTION FOR FOOD ITEMS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.

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

H. 3443 (Word version) -- Reps. Robinson, Wilkins, W.D. Smith, Quinn, Koon, Knotts, Simrill, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison,


Printed Page 1380 . . . . . Tuesday, April 17, 2001

Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, McGee, Meacham-Richardson, Owens, Perry, Rice, Riser, Rodgers, Sandifer, Sharpe, Sinclair, D.C. Smith, G.M. Smith, J.R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.

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

H. 3504 (Word version) -- Reps. Sheheen, Altman and Rivers: A BILL TO AMEND SECTION 8-13-1354, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO REQUIRE THE NAME AND ADDRESS OF THE CANDIDATE, COMMITTEE, OR PERSON MAKING THE EXPENDITURE TO BE PRINTED IN FOURTEEN POINT TYPE.

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

H. 3513 (Word version) -- Reps. Easterday, Barrett, Cotty, Delleney, Freeman, Hamilton, Harrell, Hinson, Keegan, Kelley, Kennedy, Klauber, Leach, Loftis, Lucas, McGee, Merrill, Neilson, Owens, Quinn, Rice, Robinson, Scarborough, Sinclair, Thompson, Vaughn, Walker, Wilkins, Witherspoon, Campsen and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-125 SO AS TO PROHIBIT THE APPROPRIATION OF SURPLUS FUNDS FOR RECURRING EXPENDITURES OF STATE AGENCIES, TO DEFINE "RECURRING EXPENSES", AND TO PROVIDE EXCEPTIONS.

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

H. 3586 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX AND THE PAYMENT OF AND


Printed Page 1381 . . . . . Tuesday, April 17, 2001

EXEMPTIONS TO THE ADMISSIONS TAX, SO AS TO EXEMPT PHYSICAL FITNESS CENTERS OF THIS STATE AND ITS POLITICAL SUBDIVISIONS IN THE SAME MANNER THAT PRIVATE PHYSICAL FITNESS CENTERS LICENSED UNDER CHAPTER 79 OF TITLE 44 ARE EXEMPT.

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

H. 3590 (Word version) -- Reps. White, Coates, Cooper, Hinson, Law, Littlejohn, Martin, McGee, Meacham-Richardson, Riser, Sandifer, Sinclair, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, AND THE DENIAL OF ISSUANCE OF A DRIVER'S LICENSE OR PERMIT BY THE DEPARTMENT OF PUBLIC SAFETY TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO INCREASE THE FEE FOR A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE FROM THIRTY DOLLARS TO ONE HUNDRED DOLLARS, TO PROVIDE THAT SEVENTY-FIVE DOLLARS OF THE FEE MUST BE RETAINED BY THE DEPARTMENT OF PUBLIC SAFETY, AND TO DELETE THE PROVISION THAT REQUIRES A PORTION OF THE FEE TO BE RETAINED BY THE DEPARTMENT FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE.

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

H. 3682 (Word version) -- Reps. Kelley, Barfield, Cooper, Edge, Keegan and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT FAILURE BY A MEMBER OF A COUNTY REGISTRATION BOARD, A COMBINED ELECTION AND REGISTRATION COMMISSION, OR A COUNTY ELECTION COMMISSION TO COMPLETE OR MAKE SATISFACTORY PROGRESS TOWARD COMPLETING THE MANDATORY TRAINING AND CERTIFICATION REQUIREMENTS APPLICABLE TO THESE OFFICIALS CONSTITUTES NEGLECT OF DUTY FOR WHICH THE MEMBER MUST BE REMOVED FROM OFFICE BY THE GOVERNOR, AND TO REQUIRE THE


Printed Page 1382 . . . . . Tuesday, April 17, 2001

STATE ELECTION COMMISSION TO REPORT TO THE GOVERNOR AND THE LEGISLATIVE DELEGATION OR OTHER RECOMMENDING AUTHORITY THE PROGRESS OF EACH OF THESE OFFICIALS TOWARD COMPLETION OF THESE TRAINING AND CERTIFICATION REQUIREMENTS.

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

H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.

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

H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.

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

H. 3733 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION, SO AS TO REVISE THE "HOLD HARMLESS" BASE YEAR IN THE REIMBURSEMENT DISTRIBUTION FORMULA FROM AMOUNTS RECEIVED BY SCHOOL DISTRICTS IN FISCAL YEAR 1998-99 TO AMOUNTS RECEIVED IN THE PRECEDING FISCAL YEAR.

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


Printed Page 1383 . . . . . Tuesday, April 17, 2001

H. 3879 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICTS 50, 51, AND 52, SO AS TO DELETE FROM THE PROVISIONS THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF THESE DISTRICTS TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 ARE CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.

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

H. 3889 (Word version) -- Reps. Cotty, Sheheen, J.M. Neal and Lucas: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

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

H. 3890 (Word version) -- Reps. Townsend, Harrell, Allison, Hayes, Jennings, McCraw, Phillips and Miller: A JOINT RESOLUTION TO AUTHORIZE THE REALLOCATION OF TECHNICAL ASSISTANCE FUNDING UNDER THE EDUCATION ACCOUNTABILITY ACT FOR SPECIFIED ASSISTANCE TO


Printed Page 1384 . . . . . Tuesday, April 17, 2001

LOW-PERFORMING SCHOOLS AND SCHOOL DISTRICTS, AND TO PROVIDE THE MANNER IN WHICH AND CRITERIA UNDER WHICH THIS SPECIAL ASSISTANCE SHALL BE PROVIDED.

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

H. 3917 (Word version) -- Reps. Harrell, Keegan and Limehouse: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO SUBSTITUTE REVISED PROJECTS FOR PROJECTS PREVIOUSLY AUTHORIZED FOR THE TECHNICAL COLLEGE OF THE LOW COUNTRY AND AIKEN TECHNICAL COLLEGE WITHOUT CHANGING THE ORIGINAL AUTHORIZATION AMOUNTS.

Senators MOORE and RICHARDSON spoke on the Bill.

Read the first time and, on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.

H. 3936 (Word version) -- Reps. Lourie and Cotty: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HARDIEST CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF THE STATE OF SOUTH CAROLINA TO THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AND THEIR FACULTY ADVISOR AND SPONSOR, MS. LYNN WASHINGTON, ON CAPTURING THEIR TWELFTH STRAIGHT INTERNATIONAL CHAMPIONSHIP AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE HELD ANNUALLY IN NEW YORK CITY.

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

REPORTS OF STANDING COMMITTEES

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

S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE BY ADDING SECTION 25-1-160 SO AS TO ENCOURAGE OWNERS OF LAND TO MAKE LAND AND WATER AREAS AVAILABLE TO THE MILITARY


Printed Page 1385 . . . . . Tuesday, April 17, 2001

DEPARTMENT FOR TRAINING AND OPERATIONAL PURPOSES BY DEFINING AND LIMITING THE OWNER'S DUTY OF CARE AND LIMITING THE OWNER'S LIABILITY TOWARD MILITARY PERSONS ENTERING THE OWNER'S LAND; BY ADDING SECTION 25-1-2260 SO AS TO PROVIDE FOR THE GRANTING OF CONTINUANCES IN COURT CASES WHEN A PARTY OR HIS ATTORNEY IS ABSENT BY REASON OF ATTENDANCE ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD; BY ADDING SECTION 25-1-2957 SO AS TO PROVIDE THAT A PERSON SUBJECT TO THE MILITARY CODE WHO RECKLESSLY ENDANGERS THE LIFE OR SAFETY OF ANOTHER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-10, RELATING TO DEFINITIONS, SO AS TO DEFINE "UNIT MAINTENANCE FUND"; TO AMEND SECTION 25-1-40, RELATING TO APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO PROVIDE WHEN PRECEDENTS ESTABLISHED IN THE UNIFORM CODE OF MILITARY JUSTICE SHALL BE IN FORCE AND REGARDED AS PART OF THE MILITARY CODE; TO AMEND SECTION 25-1-60, RELATING TO COMPOSITION AND CLASSES OF MILITIA, SO AS TO INCLUDE PERSONS WHO CONTRACTUALLY BIND THEMSELVES WITHIN THE MILITIA OF THE STATE; TO AMEND SECTION 25-1-110, RELATING TO BURIAL FLAGS, SO AS TO PROVIDE THAT BURIAL FLAGS SHALL BE OBTAINED FROM THE UNITED STATES WHEN AVAILABLE; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN THE OFFICE OF ADJUTANT GENERAL, SO AS TO DELETE THE PROVISION THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS OF FIELD GRADE RANK OR HIGHER AND PROVIDE THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS AT LEAST THE RANK OF COLONEL AND MEETS THE ELIGIBILITY REQUIREMENTS FOR A CONSTITUTIONAL OFFICER; TO AMEND SECTION 25-1-510, RELATING TO APPOINTMENT, QUALIFICATIONS, AND TENURE OF COMMISSIONED AND WARRANT OFFICERS, SO AS TO DELETE THE REQUIREMENT THAT A COMMISSIONED OR WARRANT OFFICER BE A RESIDENT OF THIS STATE AND PROVIDE THAT A COMMISSIONED OR WARRANT OFFICER MUST MEET FEDERAL RESIDENCY REQUIREMENTS FOR THE APPOINTMENT; TO AMEND SECTION 25-1-560, RELATING TO

Printed Page 1386 . . . . . Tuesday, April 17, 2001

THE RELATIVE RANK OF OFFICERS, SO AS TO CONFORM THE RELATIVE RANK LIST TO FEDERAL MILITARY LAW; TO AMEND SECTION 25-1-580, RELATING TO THE SENIOR OFFICER ON DUTY BEING IN COMMAND, SO AS TO PROVIDE THAT A COMMANDER MAY APPOINT AN OFFICER TO COMMAND A SUBORDINATE OR DETACHED UNIT, AND THAT IF NONE IS APPOINTED, THE SENIOR OFFICER OF THE LINE ON DUTY IS IN COMMAND; TO AMEND SECTION 25-1-610, RELATING TO THE DISCHARGE OF OFFICERS, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL MAY INVESTIGATE THE CONDUCT, CAPACITY, AND GENERAL COMPETENCE OF OFFICERS AND TO REVISE THE GROUNDS FOR THE DISCHARGE OF OFFICERS; TN AMEND SECTION 25-1-810, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE THE OBSOLETE REFERENCE TO THE RESERVE OFFICER PERSONNEL ACT AND REPLACE IT WITH A REFERENCE TO FEDERAL LAW; TO AMEND SECTION 25-1-830, RELATING TO OFFICER SELECTION BOARDS, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS RELATING TO BRIGADIER GENERAL AND COLONEL SELECTION BOARDS; TO AMEND SECTION 25-1-850, RELATING TO TRANSFER OF OFFICERS WITHIN THE ARMY NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT A TRANSFER MUST BE MUTUALLY ACCEPTABLE TO COMMANDERS CONCERNED; TO AMEND SECTION 25-1-870, RELATING TO A VACANCY IN THE GRADE OF MAJOR GENERAL, SO AS TO PROVIDE THAT A VACANCY IN THE GRADE OF MAJOR GENERAL MUST BE FILLED BY A FULLY QUALIFIED OFFICER; TO AMEND SECTION 25-1-880, RELATING TO A VACANCY IN THE GRADE OF BRIGADIER GENERAL, SO AS TO DELETE OBSOLETE LANGUAGE RELATING TO THE BRIGADIER GENERAL SELECTION BOARD AND PROVIDE THAT A VACANCY IN THE GRADE OF BRIGADIER GENERAL MUST BE FILLED BY THE PROMOTION OF THE BEST QUALIFIED OFFICER IN THE NEXT LOWER GRADE AS DETERMINED BY THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-1110, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE REFERENCES TO THE RESERVE OFFICER PERSONNEL ACT AND PROVIDE FOR PROMOTIONS UNDER FEDERAL LAW; TO AMEND SECTION 25-1-1140, RELATING TO

Printed Page 1387 . . . . . Tuesday, April 17, 2001

A VACANCY IN THE HEADQUARTERS OF THE AIR NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT NO OFFICER SHALL BE ASSIGNED TO HEADQUARTERS, AIR NATIONAL GUARD, UNTIL HE HAS COMPLETED THREE YEARS COMMISSIONED SERVICE IN THE SOUTH CAROLINA AIR NATIONAL GUARD; TO AMEND SECTION 25-1-1330, RELATING TO ANNUAL SETTLEMENTS FOR FEDERAL AND STATE PROPERTY, SO AS TO DELETE REFERENCES TO RESPONSIBLE OFFICER AND REPLACE THEM WITH REFERENCES TO RESPONSIBLE PARTY AND TO AUTHORIZE COLLECTION ACTIONS FOR PAYMENTS FROM PARTIES LIABLE ON PROPERTY ACCOUNTS; TO AMEND SECTION 25-1-1370, RELATING TO UNIT MAINTENANCE FUND ALLOWANCES, SO AS TO DELETE REFERENCES TO THE MILITARY BOARD, DELETE REFERENCES TO CERTAIN DATES FOR PAYMENTS OF APPROPRIATIONS AND PROVIDE FOR PAYMENTS PERIODICALLY, AND TO PROVIDE THAT UNIT MAINTENANCE FUNDS FROM SOURCES OUTSIDE THE ANNUAL APPROPRIATION MUST BE REGULATED AND AUDITED BY THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-1620, RELATING TO THE CUSTODIAN AND USE OF TRAINING FACILITIES, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS THE MANAGER AS WELL AS CUSTODIAN OF TRAINING FACILITIES AND THAT FACILITIES OWNED OR LEASED FOR THE MILITARY DEPARTMENT MAY BE RENTED OR SUBLEASED WHEN NOT IN USE FOR TRAINING; TO AMEND SECTION 25-1-1820, RELATING TO WHEN THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY, SO AS TO DELETE THE CIRCUMSTANCE OF WHEN THE PRESIDENT IS UNABLE WITH THE REGULAR FORCES TO EXECUTE THE LAWS OF THE UNITED STATES AND PROVIDE THAT THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY WHEN THE PRESIDENT ISSUES ORDERS TO EXECUTE THE LAWS OF THE UNITED STATES; TO AMEND SECTION 25-1-2110, RELATING TO TERMS OF ENLISTMENT, SO AS TO DELETE THE THREE-YEAR PROVISION AND PROVIDE THAT ORIGINAL ENLISTMENTS IN THE NATIONAL GUARD MUST BE FOR A PERIOD TO COMPLY WITH GOVERNING DEPARTMENT OF DEFENSE REGULATIONS; TO AMEND SECTION 25-1-2220, RELATING TO TRANSFER OF ENLISTED MEN, SO AS TO DELETE THE PROVISION THAT

Printed Page 1388 . . . . . Tuesday, April 17, 2001

THE TRANSFER BE APPROVED BY THE COMMANDING OFFICERS OF THE UNITS INVOLVED; TO AMEND SECTION 25-1-2230, RELATING TO DISCHARGES, SO AS TO REVISE THE AUTHORITY FOR DISCHARGES OF ENLISTED PERSONS; TO AMEND SECTION 25-1-2420, RELATING TO DEFINITIONS, SO AS TO INCLUDE PERSONS ATTACHED OR ASSIGNED TO STATE UNITS WITHIN THE DEFINITION OF "MILITARY FORCES"; TO AMEND SECTION 25-1-2420, RELATING TO DEFINITIONS, BY ADDING A NEW SUBPARAGRAPH APPROPRIATELY NUMBERED SO AS TO DEFINE "OFFICER"; TO AMEND SECTION 25-1-2450, RELATING TO APPOINTMENT OF THE STATE JUDGE ADVOCATE, SO AS TO PROVIDE THAT, ABSENT SEPARATE APPOINTMENT, THE SENIOR JUDGE ADVOCATE OF THE NATIONAL GUARD IS THE STATE JUDGE ADVOCATE; TO AMEND SECTION 25-1-2460, RELATING TO APPREHENSION, SO AS TO DELETE REFERENCES TO CIVIL OFFICERS HAVING AUTHORITY TO APPREHEND OFFENDERS AND PROVIDE FOR APPREHENSION BY ANY OFFICER UNDER THE LAWS OF THE UNITED STATES OR OF SOUTH CAROLINA; TO AMEND SECTION 25-1-2520, RELATING TO NONJUDICIAL PUNISHMENT, SO AS TO DELETE A REFERENCE TO THE INSPECTOR GENERAL; TO AMEND SECTION 25-1-2530, RELATING TO TYPES OF COURTS-MARTIAL, SO AS TO PROVIDE FOR A SUMMARY COURT-MARTIAL CONSISTING OF ONE OFFICER RATHER THAN ONE COMMISSIONED OFFICER; TO AMEND SECTION 25-1-2550, RELATING TO JURISDICTION OF GENERAL COURTS-MARTIAL, SO AS TO INCREASE THE FINE THAT MAY BE IMPOSED BY GENERAL COURTS-MARTIAL FROM TWO THOUSAND DOLLARS TO THREE THOUSAND DOLLARS; TO AMEND SECTION 25-1-2560, RELATING TO JURISDICTION OF SPECIAL COURTS-MARTIAL, SO AS TO DELETE THE LANGUAGE EXCLUDING OFFICERS FROM THE JURISDICTION OF SPECIAL COURTS-MARTIAL AND TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SPECIAL COURTS-MARTIAL FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS; TO AMEND SECTION 25-1-2570, RELATING TO JURISDICTION OF SUMMARY COURTS-MARTIAL, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SUMMARY COURTS-MARTIAL FROM TWO HUNDRED DOLLARS TO FIVE

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HUNDRED DOLLARS; TO AMEND SECTION 25-1-2580, RELATING TO APPOINTMENT OF GENERAL COURTS-MARTIAL, SO AS TO PROVIDE THAT GENERAL COURTS-MARTIAL MAY BE APPOINTED BY THE ADJUTANT GENERAL AS WELL AS THE GOVERNOR; TO AMEND SECTION 25-1-2610, RELATING TO WHO MAY SERVE ON COURTS-MARTIAL, SO AS TO REMOVE REFERENCES TO COMMISSIONED AND WARRANT OFFICERS, AND PROVIDE THAT ANY OFFICER ON OR OFF DUTY WITH THE MILITARY FORCES MAY SERVE ON COURTS-MARTIAL; TO AMEND SECTION 25-1-2725, RELATING TO THE STATUTE OF LIMITATIONS, SO AS TO DELETE PROVISIONS RELATING TO DESERTION DURING TIMES OF PEACE AND CERTAIN OTHER OFFENSES PUNISHABLE UNDER THE MILITARY CODE AND PROVIDE THAT A PERSON CHARGED WITH ANY OFFENSE IS NOT LIABLE TO BE TRIED BY COURT-MARTIAL IF THE OFFENSE WAS COMMITTED MORE THAN THREE YEARS BEFORE RECEIPT OF SWORN CHARGES OR THE IMPOSITION OF PUNISHMENT; TO AMEND SECTION 25-1-2750, RELATING TO CONTEMPT, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY A COURT-MARTIAL FOR CONTEMPT FROM TWENTY-FIVE DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 25-1-2780, RELATING TO RECORDS OF TRIAL OF COURTS-MARTIAL, SO AS TO PROVIDE THAT SUMMARY COURT-MARTIAL PROCEEDINGS MUST USE DOCUMENTS PROMULGATED BY REGULATIONS OF THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-2795, RELATING TO SENTENCES OF COURTS-MARTIAL, SO AS TO DELETE CERTAIN REFERENCES TO GENERAL COURT-MARTIAL JURISDICTION SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION APPLICABLE TO COURT-MARTIAL JURISDICTION RATHER THAN ONLY TO THE JURISDICTION OF A GENERAL COURT-MARTIAL; TO AMEND SECTION 25-1-2935, RELATING TO THE OFFENSE OF DISRESPECT TOWARD A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSE OF DISRESPECT APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2940, RELATING TO THE OFFENSE OF

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ASSAULTING OR WILFULLY DISOBEYING A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSES OF ASSAULT AND WILFULLY DISOBEYING A LAWFUL COMMAND APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2945, RELATING TO INSUBORDINATE CONDUCT TOWARD A WARRANT OFFICER OR NONCOMMISSIONED OFFICER, BY DELETING REFERENCES TO WARRANT OFFICER, SO AS TO MAKE THE OFFENSE OF INSUBORDINATE CONDUCT APPLICABLE TO OFFICERS AND NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2950, RELATING TO THE OFFENSES OF FAILURE TO OBEY ORDERS AND REGULATIONS AND DERELICTION OF DUTY, SO AS TO INCLUDE THE VIOLATION OF A STATUTE WITHIN THE OFFENSE; TO AMEND SECTION 25-1-3065, RELATING TO CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN, BY DELETING REFERENCES TO COMMISSIONED OFFICER AND A GENTLEMAN, SO AS TO PROVIDE THAT ANY OFFICER WHO IS CONVICTED OF CONDUCT UNBECOMING AN OFFICER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-3085, RELATING TO THE AUTHORITY TO ADMINISTER OATHS, BY DELETING REFERENCES TO COMMISSIONED OFFICER, SO AS TO PROVIDE THAT ALL OFFICERS HAVE THE AUTHORITY TO ADMINISTER OATHS; TO AMEND SECTION 25-1-3095, RELATING TO COMPLAINTS AGAINST OFFICERS, BY DELETING THE REQUIREMENT THAT COMPLAINTS BE FORWARDED TO THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT ANY MEMBER OF THE MILITARY FORCE MAY COMPLAIN TO HIS NEXT SUPERIOR COMMISSIONED OFFICER; TO AMEND SECTION 25-1-3155, RELATING TO DELEGATION OF AUTHORITY, SO AS TO PROVIDE THAT THE POWER GIVEN THE ADJUTANT GENERAL BY SECTION 25-1-2580 MAY NOT BE DELEGATED; TO AMEND SECTION 25-1-3235, RELATING TO THE NATIONAL GUARD PENSION FUND, SO AS TO PROVIDE THAT CERTAIN PERSONS WITH A BREAK IN SERVICE REMAIN ELIGIBLE FOR PENSION BENEFITS; TO AMEND SECTION 25-17-30, AS AMENDED, RELATING TO

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MAINTENANCE OF THE MUSEUM, SO AS TO DELETE THE PROVISION THAT NO STATE FUNDS MAY BE USED FOR MAINTENANCE OF THE MUSEUM; AND TO REPEAL SECTIONS 25-1-330, 25-1-950, 25-1-1340, 25-1-1390, 25-1-1400, 25-1-2130, AND 25-1-2160.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a favorable report on:

H. 3380 (Word version) -- Reps. Jennings and Kelley: A BILL TO AMEND SECTIONS 52-19-20 AND 52-19-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO DEFINITIONS CONCERNING BUNGEE JUMPING, SO AS TO INCLUDE IN THE REGULATION OF BUNGEE JUMPING DEVICES IN WHICH THE BUNGEE CORD IS A WIRE ROPE, CABLE, SPRING, OR OTHER DEVICE SIMILAR IN DESIGN OR USE.

Ordered for consideration tomorrow.

NONCONCURRENCE

H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, 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 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.

The House returned the Bill with amendments.

On motion of Senator ALEXANDER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

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

THIRD READING BILL

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


Printed Page 1392 . . . . . Tuesday, April 17, 2001

S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.

SECOND READING BILLS

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

H. 3685 (Word version) -- Reps. Hayes and M. Hines: A BILL TO AUTHORIZE SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

H. 3685--Ordered to a Third Reading

On motion of Senator GLOVER, H. 3685 was ordered to receive a third reading on Wednesday, April 18, 2001.

S. 585 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE INFORMATION SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY


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MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.

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

AMENDED, AMENDMENT PROPOSED
DEBATE INTERRUPTED

S. 496 (Word version) -- Judiciary Committee: 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 PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO


Printed Page 1394 . . . . . Tuesday, April 17, 2001

AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.

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

Amendment No. 66

Senator SETZLER proposed the following Amendment No. 66 (NGS.496), which was adopted:

Amend the bill, as and if amended, page 44, Section 33-57-460(D) by striking line 8 and inserting:

/   schedule may be adjusted during the lottery's first and second year of   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Amendment No. 70

Senator BRANTON proposed the following Amendment No. 70 (496C100MRH), which was adopted:

Amend the bill, as and if amended, Section 33-57-160(A)(17) as contained in SECTION 2, page 11, line 14, by striking the sentence after /problems./ and inserting the following:

/   Wherever lottery game tickets are sold, a lottery retailer must post a conspicuous sign in a prominent location, inside the retailer's premises and adjacent to the point of sale, clearly warning of the


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dangers and risks of gambling and the odds of winning and the odds of losing;           /

Renumber sections to conform.

Amend title to conform.

Senator BRANTON spoke on the Bill.

Senator BRANTON explained the amendment.

The amendment was adopted.

Amendment No. 71A

Senators JACKSON and GREGORY proposed the following Amendment No. 71A (JUD0496.023A), which was tabled:

Amend the bill, as and if amended, page 12, line 15, by adding the following:

/   Section 33-57-165. (A) Outdoor advertising of lottery games or the sale of lottery tickets by the lottery corporation is prohibited, whether done directly by the corporation or indirectly through a contract with a vendor. This prohibition does not apply to outdoor advertising which is visible from the main-traveled way of the interstate system, as defined in Section 57-25-120(1), and erected with the purpose of its message being read from the traveled way, to the extent that outdoor advertising is otherwise permitted along the interstate system pursuant to Article 3, Chapter 25, Title 57.

(B)(1)   'Outdoor Advertising' means an outdoor advertising sign as defined in Section 57-25-120(3).

(2)   The term 'outdoor advertising' does not mean an advertisement on the outside of the lottery corporation headquarters. /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

Senator GREGORY moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

On motion of Senator LAND, the motion to table was withdrawn.

The question then was the adoption of the amendment.

Senator McCONNELL spoke on the amendment.


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Senator McCONNELL moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 75A

Senators BRANTON, SETZLER and RITCHIE proposed the following Amendment No. 75A (496R017.WSB), which was adopted:

Amend the bill, as and if amended, page 42, beginning on line 26, in Section 33-57-460(B) as contained in SECTION 2, by striking items (2) and (3) and inserting therein the following:

/   (2)   thirty-eight percent for the SC HOPE Scholarship Program established pursuant to Section 33-57-480 of this chapter; however, from these funds, the University of South Carolina-Aiken and the University of South Carolina-Spartanburg must be reimbursed the total cost of tuition for those students enrolled in the associate degree nursing program; this amount is in lieu of HOPE scholarships for those eligible students;

(3)   nine percent to the Department of Education to be allocated as follows:

(a)   eighty-nine percent to K-12 school technology; and

(b)   eleven percent to school-based grants for pilot programs, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act;

(4)   one percent to the State Library for public library state aid;

(5)   two percent to the Department of Education to fund homework centers; these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act./

Amend the bill, as and if amended, page 43, Section 33-57-460(C) as contained in SECTION 2, by striking lines 21 through line 2 on page 44 and inserting therein the following:

/     scholarships, or other financial aid. A student must not receive reduced financial aid as a result of the implementation of this section;

(3)   twenty-seven percent to the Department of Education to be allocated as follows:

(a )   twelve percent to K-12 school technology;

(b)   twenty-two percent to school-based grants for pilot programs, with first priority given to schools reported as average,


Printed Page 1397 . . . . . Tuesday, April 17, 2001

below average, or unsatisfactory in accordance with the Education Accountability Act;

(c)   twenty-two percent to the Governor's Reading Initiative;

(d)   twenty-two percent to the Department of Education to fund homework centers, these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; and

(e)   eleven percent to assist with the establishment of new magnet schools with any carryover at the end of the fiscal year to be used at the discretion of the State Department of Education; and

(f)   eleven percent to assist with the establishment of new charter schools with any carryover at the end of the fiscal year to be used at the discretion of the State Department of Education;

(4)   three percent to the State Library for public library state aid./

Renumber sections to conform.

Amend title to conform.

Senator BRANTON explained the amendment.

The amendment was adopted.

Amendment No. 77

Senator BRANTON proposed the following Amendment No. 77 496C103.MRH), which was adopted:

Amend the bill, as and if amended, SECTION 2, page 36, after line 39, by the adding the following new subsection to read:

/   (3)   If the funds available for distribution pursuant to Section 33-57-460 fall below seventy-five million dollars for any fiscal year, the oversight committee must immediately conduct an investigation into the reasons for the shortfall and upon conclusion of their investigation report their findings along with recommendations for changes in the laws or regulations governing the conduct of the lottery to the chief executive officer, the board, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. The investigation must be completed and the reports delivered to the appropriate officials within one hundred and eighty days of the end of the fiscal year for the shortfall.         /

Renumber sections to conform.


Printed Page 1398 . . . . . Tuesday, April 17, 2001

Amend title to conform.

Senator BRANTON explained the amendment.

Senator BRANTON moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 79

Senators RYBERG and McCONNELL proposed the following Amendment No. 79 (JUD0496.42), which was adopted:

Amend the bill, as and if amended, page 12, beginning on line 26, in Section 33-57-165, as contained in SECTION 2, by striking Section 33-57-165 in its entirety and inserting therein the following:

/ Section 33-57-165.   (A)   In addition to the powers and duties granted to the corporation elsewhere in this chapter, the corporation must issue permits to private organizations qualified pursuant to this subsection to conduct raffles intended to raise money for charitable purposes. In order to qualify pursuant to this subsection, the organization must be exempt from taxation under 26 U.S.C. 501(c)(3) and must file with the corporation an application in writing on a form approved by the corporation containing a statement by an officer or director of the organization under oath setting forth:

(1)   the name and address of the organization;

(2)   a description of the organization;

(3)   evidence of exemption under 26 U.S.C 501(c)(3);

(4)   that the organization has been located in this State for at least thirty days before the date of application;

(5)   that the organization is not or will not be using a paid promoter to conduct or promote the raffle; and

(6)   that the organization will use only paper tickets which will be drawn from a collective pool of tickets.

(B)   All proceeds from a raffle after payment of prizes shall be expended only for tax exempt purposes of the sponsoring organization. No fee or expenses may be paid to a promoter to conduct or promote a raffle authorized pursuant to this section.

(C)   A permit issued pursuant to this section must specifically prohibit the use of a machine or device prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. No raffle authorized pursuant to this section may use other than paper tickets drawn from a collective pool.

(D)   Nothing in this section limits or otherwise affects Section 61-2-180. /


Printed Page 1399 . . . . . Tuesday, April 17, 2001

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION ___. Section 16-19-10 is amended by adding the following sentence at the end to read:

"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section." /

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read;:

/ SECTION ___. Section 16-19-20 is amended by adding the following sentence at the end to read:

"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section." /

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read;:

/ SECTION ___. Section 16-19-30 is amended by adding the following sentence at the end to read:

"A raffle conducted by an organization pursuant to Section 33-57-165 is not a lottery for purposes of this section." /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator MARTIN, with unanimous consent, Amendment No. 74A was taken up for immediate consideration.

Amendment No. 74A

Senators MARTIN, RYBERG and THOMAS proposed the following Amendment No. 74A (GJK\20513MM01), which was subsequently replaced with Amendment No. 74B:

Amend the bill, as and if amended, in Section 33-57-160(A)(17) of the 1976 Code, page 10, by adding immediately after the first sentence of item (17): / The advertising may not exceed one percent of the previous year's gross sales, not to exceed five million dollars a year; provided that, during the initial year of operation of the lottery, advertising expenses may not exceed five million dollars.. /

Renumber sections to conform.

Amend title to conform.


Printed Page 1400 . . . . . Tuesday, April 17, 2001

Senator MARTIN explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by the Joint Assembly, with Senator MARTIN retaining the floor.

RECESS

At 12:23 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Elections

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 a Concurrent Resolution adopted by both Houses:

H. 3787 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Election to the Board of Trustees for The Citadel

The PRESIDENT announced that nominations were in order to elect a successor to the at-large position on the Board of Trustees for The Citadel.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Col.


Printed Page 1401 . . . . . Tuesday, April 17, 2001

Dennis J. Rhoad of Charleston, S.C. had been screened and found qualified to serve.

Representative Phillips indicated that Col. Dennis J. Rhoad had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Dennis J. Rhoad had been elected to the at-large position on the Board of Trustees for The Citadel for the term prescribed by law.

Election to the Board of Trustees for
Coastal Carolina University, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 2nd Congressional District, Seat #4.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. James F. Kane of Columbia, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James F. Kane was elected to a position on the Board of Trustees for Coastal Carolina University, 2nd Congressional District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for
Coastal Carolina University, 3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 3rd Congressional District, Seat #6.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William L. Lyles, Jr. of Anderson, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 1402 . . . . . Tuesday, April 17, 2001

Whereupon, the PRESIDENT announced that the Honorable William L. Lyles, Jr. was elected to a position on the Board of Trustees for Coastal Carolina University, 3rd Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
Coastal Carolina University, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 4th Congressional District, Seat #8.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Keith S. Smith of Greer, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Keith S. Smith was elected to a position on the Board of Trustees for Coastal Carolina University, 4th Congressional District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for
Coastal Carolina University, 5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 5th Congressional District, Seat #10.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert D. Brown of Camden, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert D. Brown was elected to a position on the Board of Trustees for Coastal Carolina University, 5th Congressional District, Seat #10 for the term prescribed by law.


Printed Page 1403 . . . . . Tuesday, April 17, 2001

Election to the Board of Trustees for
Coastal Carolina University, 6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 6th Congressional District, Seat #12.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Cathy B. Harvin of Summerton, S.C. had been screened and found qualified to serve and placed her name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cathy B. Harvin was elected to a position on the Board of Trustees for Coastal Carolina University, 6th Congressional District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for
Coastal Carolina University, At-Large District, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the At-Large District, Seat #14.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Dean P. Hudson of Conway, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Dean P. Hudson was elected to a position on the Board of Trustees for Coastal Carolina University, At-Large District, Seat #14 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #8.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mrs.


Printed Page 1404 . . . . . Tuesday, April 17, 2001

Debra Gammons of Greenville, S.C., Dr. J. H. Corbitt of Greenville, S.C., Mr. W. T. Maynard of Spartanburg, S.C. and Mr. Lawrence R. Miller of Greenville, S.C. had been screened and found qualified to serve.

Representative Phillips placed the names of Dr. Corbitt and Mr. Miller in nomination.

On motion of Representative Phillips, with unanimous consent, the names of Mrs. Gammon and Mr. Maynard were withdrawn from consideration.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Dr. Corbitt:

Anderson               Branton                Drummond
Elliott                Ford                   Giese
Glover                 Gregory                Grooms
Hawkins                Hayes                  Hutto
Land                   Leventis               Matthews
McGill                 Mescher                Moore
O'Dell                 Patterson              Pinckney
Rankin                 Ravenel                Ryberg
Saleeby                Thomas                 Verdin
Waldrep                Wilson

Total--29

The following named Senators voted for Mr. Miller:

Alexander              Bauer                  Courson
Fair                   Leatherman             Martin
McConnell              Peeler                 Richardson
Ritchie                Smith, J. Verne

Total--11

The following named Senator abstained from voting:

Passailaigue

Total--1


Printed Page 1405 . . . . . Tuesday, April 17, 2001

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Dr. Corbitt:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
McCraw                 McLeod                 Miller
Neal, J.H.             Neal, J.M.             Ott
Parks                  Phillips               Rhoad
Rutherford             Scott                  Sheheen
Smith, F.N.            Snow                   Weeks
Whipper                Wilder

Total--44

The following named Representatives voted for Mr. Miller:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill

Printed Page 1406 . . . . . Tuesday, April 17, 2001

Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--73

RECAPITULATION

Total number of Senators voting   40
Total number of Representatives voting   117
Grand Total   157
Necessary to a choice   79
Of which Dr. Corbitt received   73
Of which Mr. Miller received   84

Whereupon, the PRESIDENT announced that the Honorable Lawrence R. Miller was elected to a position on the Board of Trustees for the College of Charleston from the 4th District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University, 2nd District, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 2nd District, Seat #3.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Bill Ellen of Columbia, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Bill Ellen was elected to a position on the Board of Trustees for Francis Marion University from the 2nd District, Seat #3 for the term prescribed by law.


Printed Page 1407 . . . . . Tuesday, April 17, 2001

Election to the Board of Trustees
for Francis Marion University, 4th District, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 4th District, Seat #7.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. L. Franklin Elmore of Greenville, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable L. Franklin Elmore was elected to a position on the Board of Trustees for Francis Marion University from the 4th District, Seat #7 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University, 5th District, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, 5th District, Seat #5.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. James W. Sanders of Gaffney, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James W. Sanders was elected to a position on the Board of Trustees for South Carolina State University, 5th District, Seat #5 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University, 6th District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, 6th District, Seat #6.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr.


Printed Page 1408 . . . . . Tuesday, April 17, 2001

Maurice Washington of Charleston, S.C. and Mr. Jesse J. Williams, Jr. of Greeleyville, S.C. had been screened and found qualified to serve and placed their names in nomination.

On motion of Representative Phillips, the name of Mr. Jesse J. Williams, Jr. was withdrawn from consideration.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Maurice Washington was elected to a position on the Board of Trustees for South Carolina State University, 6th District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University, At-Large District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, At-Large District, Seat #8.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Neville Lorick of Columbia, S.C. had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Neville Lorick was elected to a position on the Board of Trustees for South Carolina State University, At-Large District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University, At-Large District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University, At-Large District, Seat #10.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. William C. Clinkscales of Clemson, S.C. had been screened and found qualified to serve and placed his name in nomination.


Printed Page 1409 . . . . . Tuesday, April 17, 2001

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William C. Clinkscales was elected to a position on the Board of Trustees for South Carolina State University, At-Large District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for
the Wil Lou Gray Opportunity School

The PRESIDENT announced that nominations were in order to elect successors to four at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mrs. Clotilda Diggs of Florence, S.C., Mr. Russell E. Hart of Roebuck, S.C., Mr. Dan Smith of Gaffney, S.C., Mrs. Elizabeth Thrailkill of Fort Lawn, S.C., Mrs. Donna Bagwell of Greenville, S.C. and Mr. Perry Johnson of Garden City, S.C. had been screened and found qualified to serve and placed their names in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mrs. Diggs:

Alexander              Anderson               Bauer
Branton                Courson                Drummond
Elliott                Fair                   Ford
Giese                  Glover                 Gregory
Grooms                 Hutto                  Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  O'Dell
Patterson              Peeler                 Pinckney
Rankin                 Ravenel                Reese
Richardson             Ritchie                Ryberg
Saleeby                Setzler                Smith, J. Verne
Thomas                 Waldrep                Wilson

Total--39


Printed Page 1410 . . . . . Tuesday, April 17, 2001

The following named Senators voted for Mr. Hart:

Anderson               Courson                Drummond
Ford                   Giese                  Glover
Grooms                 Hawkins                Hutto
Land                   Leventis               Matthews
McConnell              McGill                 Moore
O'Dell                 Patterson              Peeler
Pinckney               Rankin                 Reese
Richardson             Ritchie                Ryberg
Saleeby                Setzler                Verdin
Waldrep                Wilson

Total--29

The following named Senators voted for Mr. Smith:

Alexander              Bauer                  Branton
Courson                Drummond               Elliott
Fair                   Ford                   Giese
Glover                 Grooms                 Hawkins
Hayes                  Hutto                  Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  O'Dell
Patterson              Peeler                 Pinckney
Ravenel                Reese                  Richardson
Ritchie                Ryberg                 Saleeby
Setzler                Thomas                 Waldrep
Wilson

Total--37

The following named Senators voted for Mrs. Thrailkill:

Alexander              Anderson               Bauer
Branton                Courson                Drummond
Elliott                Fair                   Giese
Glover                 Gregory                Hayes
Hutto                  Land                   Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Patterson
Peeler                 Pinckney               Ravenel

Printed Page 1411 . . . . . Tuesday, April 17, 2001

Reese                  Ryberg                 Saleeby
Setzler                Smith, J. Verne        Thomas
Verdin                 Waldrep                Wilson

Total--36

The following named Senators voted for Mrs. Bagwell:

Anderson               Fair                   Gregory
Hawkins                Hayes                  Martin
Smith, J. Verne        Thomas                 Verdin

Total--9

The following named Senators voted for Mr. Johnson:

Alexander              Bauer                  Branton
Elliott                Ford                   Gregory
Grooms                 Hawkins                Hayes
Leatherman             Mescher                Rankin
Ravenel                Richardson             Ritchie
Smith, J. Verne        Verdin

Total--17

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mrs. Diggs:

Allen                  Barfield               Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Davenport              Delleney               Emory
Freeman                Frye                   Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Huggins                Jennings
Kennedy                Kirsh                  Knotts
Koon                   Lee                    Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McGee

Printed Page 1412 . . . . . Tuesday, April 17, 2001

McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Phillips
Riser                  Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, F.N.            Smith, W.D.            Snow
Stuart                 Talley                 Weeks
Whatley                Whipper                Wilder
Witherspoon

Total--67

The following named Representatives voted for Mr. Hart:

Allen                  Allison                Altman
Bales                  Barrett                Battle
Bingham                Breeland               Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Coates
Cobb-Hunter            Coleman                Cotty
Dantzler               Davenport              Easterday
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Harrell                Harvin                 Hayes
Hines, J.              Hinson                 Huggins
Jennings               Kennedy                Kirsh
Knotts                 Koon                   Law
Lee                    Limehouse              Littlejohn
Lourie                 Lucas                  McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Neal, J.M.
Ott                    Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Robinson               Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sinclair
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley

Printed Page 1413 . . . . . Tuesday, April 17, 2001

White                  Wilder                 Wilkins
Young, A.              Young, J.

Total--89

The following named Representatives voted for Mr. Smith:

Allen                  Allison                Bales
Battle                 Bingham                Bowers
Brown, G.              Carnell                Cobb-Hunter
Coleman                Cotty                  Dantzler
Davenport              Delleney               Emory
Fleming                Freeman                Frye
Gourdine               Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Huggins
Jennings               Kirsh                  Knotts
Koon                   Law                    Leach
Lee                    Littlejohn             Loftis
Lourie                 Lucas                  McCraw
McLeod                 Merrill                Miller
Neal, J.M.             Ott                    Phillips
Rhoad                  Riser                  Sharpe
Sheheen                Simrill                Sinclair
Smith, F.N.            Smith, J.R.            Stille
Stuart                 Talley                 Thompson
Walker                 Webb                   Whatley
Wilder

Total--61

The following named Representatives voted for Mrs. Thrailkill:

Altman                 Bales                  Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan

Printed Page 1414 . . . . . Tuesday, April 17, 2001

Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Kennedy                Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Lloyd
Loftis                 Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod                 Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Sheheen                Smith, D.C.            Smith, G.M.
Smith, J.R.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Webb
Weeks                  Whatley                White
Wilder                 Wilkins                Witherspoon
Young, J.

Total--97

The following named Representatives voted for Mrs. Bagwell:

Allison                Altman                 Barfield
Barrett                Bowers                 Campsen
Cato                   Chellis                Coates
Dantzler               Delleney               Easterday
Gilham                 Hamilton               Harrell
Harrison               Harvin                 Kelley
Klauber                Leach                  Limehouse
Loftis                 Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Robinson               Rodgers
Rutherford             Sandifer               Scarborough
Simrill                Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Taylor
Townsend               Tripp                  Trotter

Printed Page 1415 . . . . . Tuesday, April 17, 2001

Vaughn                 Walker                 White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--49

The following named Representatives voted for Mr. Johnson:

Allison                Altman                 Bales
Barfield               Barrett                Brown, G.
Brown, J.              Campsen                Cato
Chellis                Clyburn                Coates
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hinson
Kelley                 Kennedy                Klauber
Law                    Leach                  Limehouse
Littlejohn             Loftis                 McGee
Meacham-Richardson     Merrill                Owens
Parks                  Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sheheen                Sinclair               Smith, D.C.
Smith, G.M.            Snow                   Stille
Taylor                 Thompson               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--61

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   109
Grand Total   151
Necessary to a choice   76
Of which Mrs. Diggs received   106
Of which Mr. Hart received   118
Of which Mr. Smith received   98
Of which Mrs. Thrailkill received   133


Printed Page 1416 . . . . . Tuesday, April 17, 2001

Of which Mrs. Bagwell received   58
Of which Mr. Johnson received   78

Whereupon, the PRESIDENT announced that the Honorable Clotilda Diggs, the Honorable Russell E. Hart, the Honorable Dan Smith and the Honorable Elizabeth Thrailkill were elected to the four positions on the Board of Trustees for the Wil Lou Gray Opportunity School, at-large positions for the terms prescribed by law.

Election to the Legislative Audit Council

Subsequent to the election to boards of trustees of certain colleges and universities, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 501 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX TUESDAY, AT 12:30 P.M. APRIL 17, 2001, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT SUCCESSORS TO THE MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS MUST OTHERWISE BE FILLED.

The PRESIDENT announced that nominations were in order to elect successors to three positions on the Legislative Audit Council.

Representative Harrison indicated that Mr. Philip Laughridge of Columbia, S.C. and Mr. Henry Swink of Effingham, S.C. had been screened and found qualified to serve and their names were placed in nomination.

Representative Harrison moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that the Honorable Philip Laughridge of Columbia and the Honorable Henry Swink of Effingham


Printed Page 1417 . . . . . Tuesday, April 17, 2001

were elected to two positions on the Legislative Audit Council for the terms prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

AFTERNOON SESSION

The Senate reassembled, at 1:44 P.M., and was called to order by the PRESIDENT.

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 496 (Word version) -- Judiciary Committee: 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 PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND


Printed Page 1418 . . . . . Tuesday, April 17, 2001

SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.

The Senate resumed consideration of the Bill, the question being the adoption of Amendment No. 74A (GJK\20513MM01) proposed by Senators MARTIN, RYBERG and THOMAS.

Senator MARTIN spoke on the amendment.

On motion of Senator MARTIN, with unanimous consent, Amendment No. 74A was substituted with Amendment No. 74B.

Amendment No. 74B

Senators MARTIN, RYBERG and THOMAS proposed the following Amendment No. 74B (496R018.LAM), which was withdrawn:

Amend the bill, as and if amended, in Section 33-57-160(A)(17) of the 1976 Code, page 10, by adding immediately after the first sentence of item (17):

/ The advertising may not exceed one percent of the previous year's gross sales; provided that, during the initial year of operation of the lottery, advertising expenses may not exceed five million dollars. /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Senator MOORE spoke on the amendment.

Senator MOORE moved to lay the amendment on the table.


Printed Page 1419 . . . . . Tuesday, April 17, 2001

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

Ayes 22; Nays 22

AYES

Anderson                  Drummond                  Elliott
Ford                      Glover                    Hutto
Jackson                   Land                      Leventis
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Passailaigue
Patterson                 Pinckney                  Rankin
Ravenel                   Reese                     Saleeby
Setzler

Total--22

NAYS

Alexander                 Bauer                     Branton
Courson                   Fair                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Leatherman                Martin
Mescher                   Peeler                    Richardson
Ritchie                   Ryberg                    Smith, J. Verne
Thomas                    Verdin                    Waldrep
Wilson

Total--22

The PRESIDENT voted "No."

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator PASSAILAIGUE argued contra to the adoption of the amendment.

RECESS

At 2:32 P.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.


Printed Page 1420 . . . . . Tuesday, April 17, 2001

At 2:36 P.M., the Senate resumed.

Senator PASSAILAIGUE resumed speaking on the amendment.

On motion of Senator MOORE, with unanimous consent, Amendment No. 74B was withdrawn.

On motion of Senator MOORE, with unanimous consent, Amendment No. 74C was taken up for immediate consideration.

Amendment No. 74C

Senators MARTIN, RYBERG and THOMAS proposed the following Amendment No. 74C (496R019.LAM), which was adopted:

Amend the bill, as and if amended, in Section 33-57-160(A)(17) of the 1976 Code, page 10, by adding immediately after the first sentence of item (17):

/ The amount spent on advertising may not exceed 7.5 million dollars during the initial year of operation of the lottery. During the second year of operation of the lottery, the amount spent on advertising may not exceed one and a half percent of the previous year's gross sales. For the third and subsequent years of operation of the lottery, the amount spent on advertising may not exceed one percent of the previous year's gross sales. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Amendment No. 81

Senator BRANTON proposed the following Amendment No. 81 (JUD0496.033), which was adopted:

Amend the bill, as and if amended, page 36, line 20, in Section 33-57-420(A)(1) as contained in SECTION 2, by adding after /   members   / the following:

/   , one of whom must be the Chairman of the House Education and Public Works Committee   /

Amend the bill further, as and if amended, page 36, line 21, in Section 33-57-420(A)(1) as contained in SECTION 2, by adding after /   members   / the following:


Printed Page 1421 . . . . . Tuesday, April 17, 2001

/ , one of whom must be the Chairman of the Senate Education Committee   /

Renumber sections to conform.

Amend title to conform.

Senator BRANTON explained the amendment.

Senator BRANTON moved that the amendment be adopted.

The amendment was adopted.

Previously Proposed and Carried Over
Amendment No. 5 Withdrawn

Senators RITCHIE and RICHARDSON proposed the following amendment (BBM\10159HTC01), which was withdrawn:

Amend the bill, as and if amended, page 29, by inserting after line 26:

/ Section 33-57-335.   The right to broadcast on radio or television the results of lottery games and lottery winners is vested exclusively in the South Carolina Educational Television Commission. The commission may license other broadcast outlets to air the results of lottery games and lottery winners for fees generally prevailing in such commercial licensing arrangements. The commission may retain these licensing fees and use them to defray the expenses of its digital conversion program. /

Renumber sections to conform.

Amend title to conform.

Point of Order Moot

On motion of Senator RICHARDSON, with unanimous consent, Amendment No. 5 was withdrawn. Consequently, the Point of Order raised by Senator PASSAILAIGUE on April 10, 2001, that the amendment was out of order inasmuch as it was violative of Article III, Section 15 of the S.C. Constitution, was moot.

Amendment No. 11D

Senators THOMAS and HAYES proposed the following Amendment No. 11D (IND EX 2 BDA.RWH), which was adopted:

Amend the bill, as and if amended, Section 33-57-140(N) as contained in SECTION 2, page 7, by striking lines 29 through 33 and inserting the following:


Printed Page 1422 . . . . . Tuesday, April 17, 2001

/   (N) A member of the board must not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A member of the board who violates this section must be dismissed summarily.       /.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Amendment No. 16B

Senators THOMAS and HAYES proposed the following Amendment No. 16B (IND EX BDA 3.RWH), which was adopted:

Amend the bill, as and if amended, Section 33-57-160(C) as contained in SECTION 2, page 11, by striking line 5 and inserting the following:

/     to, the prohibition of contributing to or making independent expenditures relative to the campaign of a candidate   /.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Amendment No. 19D

Senators THOMAS and HAYES proposed the following Amendment No. 19D (IND EX 4 BDA.RXH), which was adopted:

Amend the bill, as and if amended, Section 33-57-190(D) as contained in SECTION 2, page 14, by striking lines 3 through 7 and inserting the following:

/     (D) The chief executive officer must not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A chief executive officer who violates this section must be dismissed summarily.         /.

Renumber sections to conform.


Printed Page 1423 . . . . . Tuesday, April 17, 2001

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Amendment No. 21C

Senators THOMAS and HAYES proposed the following Amendment No. 21C (IND EX 6 BDA.RWH), which was adopted:

Amend the bill, as and if amended, Section 33-57-230(F) as contained in SECTION 2, page 19, by striking lines 6 and 7 and inserting the following:

/     procurement contract with the corporation shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a       /.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Amendment No. 22A

Senators THOMAS and HAYES proposed the following Amendment No. 22A (496THPRO), which was adopted:

Amend the bill, as and if amended, Section 33-57-230(E), page 17, line 31, by inserting after / Act. / a new sentence to read: / A violation of the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230. /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 34B

Senator THOMAS proposed the following Amendment No. 34B (GJK\20509SD01), which was adopted:


Printed Page 1424 . . . . . Tuesday, April 17, 2001

Amend the bill, as and if amended, in Section 33-57-440 of the 1976 Code, as contained in SECTION 2, page 40, by adding new items (3) and (4) to subsection (A):

/ (3)   The corporation must establish a prize structure for each lottery game that is based upon sound actuarial principles and does not rely upon proceeds generated from future or other lottery games. The corporation may establish a lottery reserve fund to further accomplish this purpose.

(4)   For the purpose of Section 33-57-320, the amount of withholding is based on the total prize value but the payment of withholding tax must be adjusted according to the payment schedule for the prize. /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 69B

Senator McCONNELL proposed the following Amendment No. 69B (JUD0496.022A), which was adopted:

Amend the bill, as and if amended, page 5, beginning on line 35, by striking Section 33-57-135 and inserting therein the following:

/   Section 33-57-135. (A) Notwithstanding the provisions of Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, regarding the Administrative Procedures Act, the South Carolina Lottery Corporation has the authority to adopt temporary regulations to implement the provisions of this chapter, which must be consistent with the provisions of this chapter. These temporary regulations are not considered regulations as defined by the Administrative Procedures Act; however, these temporary regulations have the force and effect of law. The only lottery games that may be played pursuant to these temporary regulations are instant tickets and online lottery games. A multistate lottery game must not be played under these temporary regulations and may be implemented only when regulations have been promulgated and take effect pursuant to the Administrative Procedures Act. The corporation must submit regulations for the implementation of this chapter as required in Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, to the General Assembly for review in


Printed Page 1425 . . . . . Tuesday, April 17, 2001

accordance with the Administrative Procedures Act by January 15, 2002.

(B) For purposes of this section, `temporary regulations' means regulations regarding the programs, policies, and procedures required to implement the provisions of this chapter.

(C) The temporary regulations authorized in this section are repealed on April 15, 2004, or on the effective date of regulations promulgated pursuant to the Administrative Procedures Act, whichever date occurs first.   /

Amend the bill further, as and if amended, page 12, beginning on line 41, Section 33-57-170 as contained in SECTION 2, by striking subsection (A) and inserting therein the following:

/   (A)   Except as authorized in Section 33-57-135, in accordance with the Administrative Procedures Act, the board must promulgate regulations relating to categories of lottery games and the conduct of those games. An emergency regulation may not be used to approve a category of a lottery game, except that a lottery game within a category may be modified by an emergency regulation. A lottery game may be suspended by a majority vote of the board.   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator JACKSON, with unanimous consent, Amendment No. 83A was taken up for immediate consideration.

Amendment No. 83A

Senators JACKSON and GREGORY proposed the following Amendment No. 83A (GJK\20521SD01), which was adopted:

Amend the bill, as and if amended, by adding immediately after Section 33-57-165:

/   Section 33-57-167.   (A) Transit advertisements of lottery games or the sale of lottery tickets by the lottery corporation or a lottery vendor are prohibited, whether done directly or indirectly. This prohibition does not apply to lottery retailers.

(B)   'Transit advertisements' mean advertising on or within private or public vehicles used for transportation for hire and all


Printed Page 1426 . . . . . Tuesday, April 17, 2001

advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, or airport. /

Renumber sections to conform.

Amend title to conform.

Senator JACKSON explained the amendment.

Senator JACKSON moved that the amendment be adopted.

Senator GREGORY spoke on the amendment.

The amendment was adopted.

Amendment No. 78

Senator McCONNELL proposed the following Amendment No. 78 (496C109MRH.GFM), which was adopted:

Amend the bill, as and if amended, SECTION 2, page 7, by striking lines 6 through 16 and inserting the following:

/   (D)   The members shall serve terms of four years, except that all members' regular terms shall be co-terminus with their appointing official. The initial appointments shall be as follows:

(1)   the Governor must appoint three members to serve initial two-year terms, and two members to serve regular terms. The chairman appointed by the Governor must serve an initial term of two years;

(2)   the Speaker must appoint two members to serve regular terms; and

(3)   the President Pro Tempore must appoint two members to serve regular terms.         /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Amendment No. 80

Senator MOORE proposed the following Amendment No. 80 (DEREG,495), which was adopted:

Amend the bill, as and if amended, Section 33-57-460 (B), (3), (b), page 42, Line 36 by inserting after /   programs     / and inserting


Printed Page 1427 . . . . . Tuesday, April 17, 2001

/     , to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better     /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Amendment No. 23D

Senators THOMAS and HAYES proposed the following Amendment No. 23D (IND EX 10 BDA.RWH), which was adopted:

Amend the bill, as and if amended, Section 33-57-230(A) as contained in SECTION 2, page 17, line 10, by striking the word /each/ and inserting the word / the /.

Amend the bill further, as and if amended, Section 33-57-230(A)(7) as contained in SECTION 2, page 18, by striking lines 15 through 18 and inserting the following:

/   (7) contributions to or independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, any political party as defined in Section 8-13-1300(26), or a committee as defined in Section 8-13-1300(6), for the twelve-month period before the application and up to the date of disqualification of the application or awarding of the contract, whichever occurs first; and   /.

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 27A

Senators THOMAS and HAYES proposed the following Amendment No. 27A (GJK\20522SD01), which was adopted:

Amend the bill, as and if amended, page 44, line 35, by deleting / " /.

Amend further, page 44, after line 36, by inserting a new section to read:

/ Section 33-57-520.   The State Ethics Commission and the Attorney General have standing to enforce a provision of this chapter." /


Printed Page 1428 . . . . . Tuesday, April 17, 2001

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 56A

Senator RITCHIE proposed the following Amendment No. 56A (496C005.MRH), which was adopted:

Amend the bill, as and if amended, Section 33-57-150, as contained in SECTION 2, page 8, beginning on line 37, by deleting item (4) and inserting:

/ (4)   promulgate regulations relating to the categories of lottery games and conduct of lottery games pursuant to the Administrative Procedures Act and as specified in this chapter; and /.

Amend the bill further, as and if amended, Section 33-57-160(A)(3), as contained in SECTION 2, page 9, line 11, after /business/, by inserting / and promulgate regulations relating to the categories of lottery games and the conduct of the games, pursuant to the Administrative Procedures Act and this chapter /.

Amend the bill further, as and if amended, Section 33-57-160(A)(6), as contained in SECTION 2, page 9, line 19, by deleting /and policies and procedures adopted pursuant/ and inserting / relating to the categories of lottery games and the conduct of the games pursuant to the Administrative Procedures Act and /.

Amend the bill further, as and if amended, Section 33-57-160(A)(7), as contained in SECTION 2, page 9, line 23, after /games/, by inserting / , subject to the Administrative Procedures Act and this chapter /

Amend the bill further, as and if amended, Section 33-57-160(A)(19), as contained in SECTION 2, page 11, line 25, after /regulations/, by inserting / pursuant to the Administrative Procedures Act and this chapter /.

Amend the bill further, as and if amended, Section 33-57-190(A), as contained in SECTION 2, page 14, line 36, after /promulgated/, by inserting / pursuant to the Administrative Procedures Act and this chapter /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.


Printed Page 1429 . . . . . Tuesday, April 17, 2001

The amendment was adopted.

Amendment No. 86

Senators FAIR and HAWKINS proposed the following Amendment No. 86 (GJK\20523MM01), which was adopted:

Amend the bill, as and if amended, by deleting Section 33-57-320(H), page 31, line 1 and inserting:

/   (H)   During the first year in which the lottery is operational, one million dollars from net proceeds must be remitted to the State Treasurer to be credited to an account, separate and distinct from the general fund, entitled 'Problem and Compulsive Gambling Fund'. The State Budget and Control Board, upon consulting with the Department of Mental Health, the Department of Alcohol and Other Drug Abuse Services, and the Board of the Lottery Corporation, shall contract with the Department of Alcohol and Other Drug Abuse Services or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies from the fund for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, with five hundred thousand dollars of that amount to be used for prevention programs including, in part or in totality, mass media communications. Nothing in this section prevents the State Budget and Control Board from contracting with any combination of agencies which meet the criteria provided for in this section, including a combination that includes the Department of Alcohol and Other Drug Abuse Services. During the second and succeeding years of operation, one million two hundred fifty thousand dollars of unclaimed prize money must be credited to the fund for those purposes, with at least seven hundred fifty thousand dollars being used for prevention programs including, in part or in totality, mass media communications. Semi-annually the director of the selected agency shall report to the board on the programs implemented with these funds, including nonidentifying statistical information pertaining to persons served by these programs. The director of the agency also shall provide a copy of the report to the General Assembly promptly upon receipt of the semi-annual reports.

(I)   Unclaimed prize money in excess of the amount to effectuate the purposes of this section, not to exceed ten million dollars annually, must be credited to the South Carolina Department of Education for the


Printed Page 1430 . . . . . Tuesday, April 17, 2001

purchase of school buses for public education. Any funds remaining must be transferred to the Education Lottery Account. /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Amendment No. 82A

Senator RITCHIE proposed the following Amendment No. 82A (JUD0496.034A), which was adopted:

Amend the bill, as and if amended, page 22, line 28, by adding the following:

/   Section 33-57-265. (A) Any person required to undergo a background investigation pursuant to this chapter must undergo both a state and national criminal history background investigation as a part of the required investigation. Any person required to undergo a background investigation may be required to supply fingerprints, along with other personal identifying information, for submission to the Federal Bureau of Investigation (FBI) through the State Law Enforcement Division (SLED). The corporation is authorized to use SLED and FBI criminal history records for the screening of persons required to undergo background investigations.

(B) This section applies to persons described in Section 33-57-140(B)(2), Section 33-57-200(E), Section 33-57-230(A), and Section 33-57-250(C).

(C) (1) In the case of an investigation of a person, as defined in Section 33-57-120(13), other than an individual, the required background investigations may be performed on any or all principals of the person, as determined by the corporation.

(2) For purposes of this section, `principal' means:

(a)   the directors and officers of an association;

(b)   all partners of a partnership, limited partnership, or limited liability partnership;

(c)   all members of a limited liability company, or if the company is a manager-managed company, all members and managers;

(d)   for a corporation, its directors, officers, and stockholders with a ten percent or more direct or beneficial interest or any person or entity that receives more than ten percent of the net income; and


Printed Page 1431 . . . . . Tuesday, April 17, 2001

(e)   an employee who has day-to-day operational management responsibilities for the business or entity.

(3)(a) If a corporation is a member of a controlled group of corporations, as defined in 26 U.S.C. 1563, or a member of an affiliated group of corporations, as defined in 26 U.S.C. 1504, and at least one member of the group of corporations is a publicly-held corporation, only the corporation which seeks the vendor or retailer contract pursuant to this chapter is considered a principal for purposes of this chapter, along with its directors, officers, and stockholders as described in subitem (2)(d).

(b) For purposes of subitem (a) of this item, 'publicly held corporation' means a corporation:

(i)     whose shares are traded on a national exchange; and

(ii)   whose total assets at the end of the corporation's most recent fiscal quarter exceeded one billion dollars.

(D) SLED must collect, retain, expend, and carry forward fees associated with conducting criminal history investigations to offset the cost of performing the investigations. In the case of vendors, the fee for the criminal background investigation must be included in the fee imposed pursuant to Section 33-57-230(A). In the case of retailers, the fee for the criminal background investigation is in addition to the uniform application fee imposed pursuant to Section 33-57-250(B)(3) and must be paid by retailer applicant at the time of application.   /

Amend the bill further, as and if amended, page 22, after line 20, in Section 33-57-250 as contained in SECTION 2, by adding the following:

/   (C) An applicant must undergo a criminal background investigation performed in accordance with Section 33-57-265.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 85A

Senators BRANTON, SETZLER, MATTHEWS and PATTERSON proposed the following Amendment No. 85A (GJK\20525MM01), which was adopted:


Printed Page 1432 . . . . . Tuesday, April 17, 2001

Amend the bill, as and if amended, in Section 33-57-460(C)(2), as contained in SECTION 2, page 43, line 14, by inserting after / education / the words / with priority to annual grants earmarked for teachers working toward their masters' degree or advanced education in their areas of certification, or both /

Renumber sections to conform.

Amend title to conform.

Senator BRANTON explained the amendment.

Senator BRANTON moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 86A

Senators HUTTO and PINCKNEY proposed the following Amendment No. 86A (JUD0496.200), which was tabled:

Amend the bill, as and if amended, page 12, in Section 33-57-165, as contained in SECTION 2, by striking /26 U.S.C. 501(c)(3)/ where it appears twice in the section and inserting therein / 26 U.S.C. 501(c) /.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator RYBERG moved to lay the amendment on the table.

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

Ayes 22; Nays 21

AYES

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

Total--22


Printed Page 1433 . . . . . Tuesday, April 17, 2001

NAYS

Anderson                  Drummond                  Elliott
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Leventis                  Matthews                  McGill
Moore                     O'Dell                    Passailaigue
Patterson                 Pinckney                  Rankin
Reese                     Saleeby                   Setzler

Total--21

Objection

During the roll call vote, Senator RYBERG asked unanimous consent to make a motion to withdraw the motion for a roll call vote and request a voice vote on the measure.

Senator PINCKNEY objected.

The amendment was laid on the table.

Amendment No. 87

Senators McCONNELL and MOORE proposed the following Amendment No. 87 (JUD0496.022B), which was adopted:

Amend the bill, as and if amended, page 5, beginning on line 35, by striking Section 33-57-135 and inserting therein the following:

/   Section 33-57-135. (A) Notwithstanding the provisions of Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, regarding the Administrative Procedures Act, the South Carolina Lottery Corporation has the authority to adopt temporary regulations to implement the provisions of this chapter, which must be consistent with the provisions of this chapter. These temporary regulations are not considered regulations as defined by the Administrative Procedures Act; however, these temporary regulations have the force and effect of law. The only lottery games that may be played pursuant to these temporary regulations are instant tickets and online lottery games. A multistate lottery game must not be played under these temporary regulations and may be implemented only when regulations have been promulgated and take effect pursuant to the Administrative Procedures Act. The corporation must submit regulations for the implementation of this chapter as required in Sections 33-57-120, 33-57-130, 33-57-150, and 33-57-170, to the General Assembly for review in


Printed Page 1434 . . . . . Tuesday, April 17, 2001

accordance with the Administrative Procedures Act by January 15, 2002.

(B) For purposes of this section, `temporary regulations' means regulations regarding the programs, policies, and procedures required to implement the provisions of this chapter.

(C) The temporary regulations authorized in this section are repealed on July 15, 2004, or on the effective date of regulations promulgated pursuant to the Administrative Procedures Act, whichever date occurs first. If regulations promulgated pursuant to the Administrative Procedures Act have not taken effect by July 15, 2004, the corporation may promulgate the temporary regulations authorized by this section as emergency regulations pursuant to Section 1-23-130. For purposes of this section, the circumstances required for emergency regulations in Section 1-23-130(A) shall not apply, but all other provisions of Section 1-23-130 shall be applicable.   /

Amend the bill further, as and if amended, page 12, beginning on line 41, Section 33-57-170 as contained in SECTION 2, by striking subsection (A) and inserting therein the following:

/   (A)   Except as authorized in Section 33-57-135, in accordance with the Administrative Procedures Act, the board must promulgate regulations relating to categories of lottery games and the conduct of those games. An emergency regulation may not be used to approve a category of a lottery game, except as provided in Section 33-57-135 and except that a lottery game within a category may be modified by an emergency regulation. A lottery game may be suspended by a majority vote of the board.   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Statement by Senators McCONNELL and ALEXANDER

The amendment extends raffles to cooperative telephone companies, benevolent life insurance companies, teacher retirement funds, agricultural organizations and organizations not organized for profit but operated exclusively for the promotion of social welfare which net proceeds are devoted to recreation and are qualified under 26 USCA Section 50l. This spreads raffles to these groups but leaves out other nonprofits that are not qualified. This type of legislation should be


Printed Page 1435 . . . . . Tuesday, April 17, 2001

passed only after careful study by a legislative committee. Today, one group is trying to outdo the other and create a bad precedent. We voted against the original amendment last week because it was inartfully drawn and only went along with the earlier correcting amendment today to tie it down tighter. However, now the Senate is repeating its mistake of last week.

Amendment No. 88

Senators BRANTON and BAUER proposed the following Amendment No. 88 (GJK\20526MM01, which was not adopted:

Amend the bill, as and if amended, in Section 33-57-200(A), as contained in SECTION 2, page 15, line 29, by inserting after / to, / the words / full forty-hour work week and /

Renumber sections to conform.

Amend title to conform.

Senator BRANTON explained the amendment.

The amendment was not adopted.

Amendment No. 89

Senator JACKSON, GLOVER and FORD proposed the following Amendment No. 89 (JUD0496.035), which was not adopted:

Amend the bill, as and if amended, page 46, lines 3-5, in Section 33-57-480 as contained in SECTION 2, by striking subsection (D) and inserting therein following:

/   (D)   A student receiving a LIFE or Palmetto Fellows Scholarship must not receive an SC HOPE Scholarship pursuant to this section. /

Renumber sections to conform.

Amend title to conform.

Senator JACKSON explained the amendment.

The amendment was not adopted.

Motion Adopted

Senator LEATHERMAN asked unanimous consent to make a motion that no further amendments, with the exception of technical, perfecting and conforming amendments, be accepted by the Desk.

There was no objection and the motion was adopted.


Printed Page 1436 . . . . . Tuesday, April 17, 2001

Amendment No. 90

Senator RICHARDSON proposed the following Amendment No. 90 (496R019.SHR), which was tabled:

Amend the bill, as and if amended, beginning on page 12, by deleting Section 33-57-165 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

Senator RYBERG moved to lay the amendment on the table.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator RYBERG argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 5:55 P.M., Senator MARTIN assumed the Chair.

Senator RYBERG moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

Senator HAWKINS desired to be recorded as voting against the motion to table the amendment.

Amendment No. 91A

Senator PINCKNEY proposed the following Amendment No. 91A (496R020.CCP), which was adopted:

Amend the bill, as and if amended, page 12, beginning on line 26, in Section 33-57-165, as contained in SECTION 2, by striking Section 33-57-165 in its entirety and inserting therein the following:

/ Section 33-57-165.   (A)   In addition to the powers and duties granted to the corporation elsewhere in this chapter, the corporation must issue permits to private organizations qualified pursuant to this subsection to conduct raffles intended to raise money for charitable purposes. In order to qualify pursuant to this subsection, the organization must be exempt from taxation under 26 U.S.C. 501(c)(3) or (c)(10) and must file with the corporation an application in writing


Printed Page 1437 . . . . . Tuesday, April 17, 2001

on a form approved by the corporation containing a statement by an officer or director of the organization under oath setting forth:

(1)   the name and address of the organization;

(2)   a description of the organization;

(3)   evidence of exemption under 26 U.S.C 501(c)(3) or (c)(10);

(4)   that the organization has been located in this State for at least thirty days before the date of application;

(5)   that the organization is not or will not be using a paid promoter to conduct or promote the raffle; and

(6)   that the organization will use only paper tickets which will be drawn from a collective pool of tickets.

(B)   All proceeds from a raffle after payment of prizes shall be expended only for tax exempt purposes of the sponsoring organization. No fee or expenses may be paid to a promoter to conduct or promote a raffle authorized pursuant to this section.

(C)   A permit issued pursuant to this section must specifically prohibit the use of a machine or device prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. No raffle authorized pursuant to this section may use other than paper tickets drawn from a collective pool.

(D)   Nothing in this section limits or otherwise affects Section 61-2-180. /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

The amendment was adopted.

Amendment No. 92

Senator RICHARDSON proposed the following Amendment No. 92 (JUD0496.202), which was adopted, but was subsequently reconsidered and withdrawn:

Amend the bill, as and if amended, page 44, beginning on line 26, in Section 33-57-480, as contained in SECTION 2, by striking /, or the granting of professional degrees/.

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.


Printed Page 1438 . . . . . Tuesday, April 17, 2001

PRESIDENT PRESIDES

At 6:07 P.M., the PRESIDENT assumed the Chair.

Senator RICHARDSON continued explaining the amendment.

The amendment was adopted.

On motion of Senator GLOVER, with unanimous consent, Amendment No. 93 was taken up for immediate consideration.

Amendment No. 93

Senators GLOVER, JACKSON and FORD proposed the following Amendment No. 93 (JUD0496.036), which was not adopted:

Amend the bill, as and if amended, page 45, lines 20, in Section 33-57-480 as contained in SECTION 2, by striking / two   / and inserting therein following:   /   three   /

Amend the bill further, as and if amended, page 46, lines 3-5, in Section 33-57-480 as contained in SECTION 2, by striking subsection (D) and inserting therein following:

/   (D)   A student receiving a LIFE or Palmetto Fellows Scholarship may also receive a SC HOPE Scholarship pursuant to this section, up to a maximum of one thousand five hundred dollars.   /

Renumber sections to conform.

Amend title to conform.

Senator GLOVER explained the amendment.

Senator MARTIN moved to lay the amendment on the table.

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

Ayes 19; Nays 24

AYES

Alexander                 Bauer                     Courson
Fair                      Giese                     Grooms
Hawkins                   Hayes                     Leatherman
Martin                    McConnell                 Mescher
Peeler                    Richardson                Ritchie

Printed Page 1439 . . . . . Tuesday, April 17, 2001

Ryberg                    Thomas                    Verdin
Wilson

Total--19

NAYS

Anderson                  Branton                   Drummond
Elliott                   Ford                      Glover
Holland                   Hutto                     Jackson
Land                      Leventis                  Matthews
McGill                    Moore                     O'Dell
Passailaigue              Patterson                 Pinckney
Rankin                    Reese                     Saleeby
Setzler                   Smith, J. Verne           Waldrep

Total--24

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was not adopted.

Adoption of Amendment No. 92 Reconsidered

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 92, previously proposed by Senator RICHARDSON, was adopted.

There was no objection and the motion to reconsider was adopted.

The question then was the adoption of Amendment No. 92.

On motion of Senator RICHARDSON, with unanimous consent, Amendment No. 92 was withdrawn.

Adoption of Amendment No. 93 Reconsidered

Having voted on the prevailing side, Senator RANKIN asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 93, previously proposed by Senators GLOVER, JACKSON and FORD, was not adopted.

Senator MARTIN moved to table the motion to reconsider.


Printed Page 1440 . . . . . Tuesday, April 17, 2001

On motion of Senator MARTIN, with unanimous consent, the motion to table was withdrawn.

Senator GLOVER spoke on the motion.

The motion to reconsider was adopted.

On motion of Senator GLOVER, Amendment No. 93 was withdrawn.

On motion of Senator GLOVER, with tnanimous consent, Amendment No. 93A was taken up for immediate consideration.

Amendment No. 93A

Senators GLOVER, JACKSON, FORD, PINCKNEY and ANDERSON proposed the following Amendment No. 93A (JUD0496.036A), which was adopted:

Amend the bill, as and if amended, page 45, lines 17-22, in Section 33-57-480 as contained in SECTION 2, by striking subsection (A) and inserting therein following:

/   (A)(1)   SC HOPE Scholarships are hereby established and are provided by the State. These scholarships cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of two thousand dollars per year, except as provided in item (2) of this subsection, to eligible resident students attending four-year public and independent institutions as defined in subsection (B).

(2) For an eligible resident student who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship, during the first year of attendance only, these scholarships cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of three thousand dollars per year.   /

Renumber sections to conform.

Amend title to conform.

Senator GLOVER explained the amendment.

The amendment was adopted.

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


Printed Page 1441 . . . . . Tuesday, April 17, 2001

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

Ayes 36; Nays 9

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Elliott
Ford                      Giese                     Glover
Hayes                     Holland                   Hutto
Jackson                   Land                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel*                  Richardson
Saleeby                   Setzler                   Short*
Smith, J. Verne           Waldrep                   Wilson

Total--36

NAYS

Drummond                  Fair                      Gregory*
Grooms                    Hawkins                   Reese
Ritchie                   Ryberg                    Verdin

Total--9

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

Senator DRUMMOND spoke on the Bill.

Senator J. VERNE SMITH spoke on the Bill.

Statement by Senator FAIR

Many of you have reminded us that you voted against the lottery, but the voters have decided, so we are moving forward with an idea that we


Printed Page 1442 . . . . . Tuesday, April 17, 2001

know is not going to cause our State to prosper. This is an exercise in frustration and forbearance for many of us.

You know, Providence (God) may allow prosperity to occur in spite of our ignorance and propensity to do wrong yet, our sacred writings and our Founding Fathers warn us that, if we remove morality from daily life, we do so at our individual peril and that we endanger the health and well being of our society.

With legalized gambling we are accommodating behavior that has proven to corrupt the morals of our citizens.

This is wrong. Spending the profits on worthwhile measures underscores the truth of the sagacious advice from a Founding Father from Greenville who said, "It is never right to do wrong, so give yourself an opportunity to do right."

This is wrong and I encourage you to vote "no" with me against the lottery.

Statement by Senators RYBERG and GREGORY

We did not vote for the lottery in its final form. Although many positive enhancements were made to the original Bill, we felt there were still some safeguards missing. We felt that there were broad restrictions on the oversight and accountability until the role of the Administrative Procedures Act was greatly diminished.

Statement by Senator GROOMS

My thoughts have been centered on Jack, my youngest son, as today is his second birthday. I just spoke with him on the telephone and all he could say in his sweet and excited little voice was, "DADDY, DADDY, DADDY." My conversation with my two-year-old reminded me that the work we do here, we do for the children of today and the children of tomorrow. As the games begin, our children will come to know a State different than the one I knew as I grew up. I voted "no" on this Lottery Bill because I believe it will harm our children and hinder their collective opportunities for a happy and successful life. This lottery will produce winners and losers. The question that only time will answer is, "Did Jack win today?"

ADJOURNMENT

At 6:55 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1B for the exclusive purpose of the introduction and referral of Bills, receipt of communications and committee reports and the reading


Printed Page 1443 . . . . . Tuesday, April 17, 2001

and passage of local matters and uncontested matters which have previously received unanimous consent to be taken up.

LOCAL APPOINTMENTS
Confirmation

Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Greenville County Magistrate, with term to commence upon confirmation and to expire April 30, 2002

Charles Ralph Garrett, 270 Pilot Road, Greenville, S.C. 29609 VICE James M. Looper

MOTION ADOPTED

On motion of Senators HAYES and GREGORY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bruce Updike of Tega Cay, S.C.

ADJOURNMENT

At 6:55 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M, under the provisions of Rule 1B.

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