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

Thursday, March 7, 2002
(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, these are weird days in which to have to bear the burden of leadership at any level. Hear a word from the ancient past: Deuteronomy 10:12ff:

"So now, O Israel, what does the Lord your God require of you? Only to fear the Lord your God, to walk in all his ways, to love Him, to serve the Lord your God with all your heart and with all your soul, and to keep the commandments of the Lord your God and His decrees that I am commanding you today for your own well-being."
Let us pray.

Father, bless the mothers and fathers of our dead soldiers, the cream of our youth, being brought home for burial.

Give us a vision of a social order where the throne of God is the dynamic center and the love of our fellow man the all-pervading principle.

We pray in the name of the God of Moses, the Lord of Lords!
Amen.

Point of Quorum

At 11:05 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Bauer
Branton                   Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Grooms
Hawkins                   Hayes                     Holland
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Peeler                    Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

A quorum being present, the Senate resumed.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointments

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2001, and to expire June 30, 2005
SC Bankers Association - Banker

Paul W. Stringer, The Palmetto Bank, 301 Hillcrest Ave., Laurens, S.C. 29360

Referred to the Committee on Banking and Insurance.

Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006

George W. Cox, P.O. Box 1110, Myrtle Beach, S.C. 29578

Referred to the General Committee.

Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006

5th Congressional District

Clyde M. Jones, 1002 Sunnyhill Dr., Camden, S.C. 29020

Referred to the General Committee.

Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006

3rd Congressional District

Paul H. Kennemore, Jr., Greenwood Saw Company, P.O. Box 12, Greenwood, S.C. 29648

Referred to the General Committee.

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006

4th Congressional District

Mary Sue Sonksen, 102 Edgebrook Ct., Spartanburg, S.C. 29302 VICE Cynthia E. Rhames

Referred to the General Committee.

Initial Appointment, South Carolina Crime Victims Advisory Board, with term to commence August 1, 1998, and to expire August 1, 2003

Crime victim

Barbara Keefe De Vane, 2218 Chadwick Dr., Florence, S.C. 29501 VICE Dennis H. Taylor

Referred to the Committee on Judiciary.

Expression of Personal Interest

Senator GREGORY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator GROOMS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

CO-SPONSOR ADDED

S. 986 (Word version) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land and Mescher: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS PURPOSE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 986.

Motion to Ratify Adopted

At 11:45 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:00 Noon.

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

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2710
Agency: Department of Natural Resources
SUBJECT: Non-Game and Endangered Species
Received by Lieutenant Governor March 7, 2002
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration July 5, 2002
(Subject to Sine Die revision)

Doctor of the Day

Senator LAND introduced Dr. Thomas E. Gibbons of Columbia, S.C., Doctor of the Day.

RECALLED

S. 944 (Word version) -- Senator Glover: A BILL TO GRANT THE FLORENCE COUNTY SCHOOL DISTRICT ONE BOARD OF TRUSTEES THE AUTHORITY TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT A REFERENDUM, TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED IF THE INCREASE EXCEEDS FIVE MILLS IN ORDER TO COMPLY WITH REQUIREMENTS OF STATE LAW, AND TO PROVIDE THAT THE INCREASE, EXCLUDING ANY INCREASES REQUIRED BY LAW, MAY NOT EXCEED TWENTY MILLS OVER A FIVE-YEAR PERIOD.

Senator GLOVER asked unanimous consent to make a motion to recall the Bill from the Florence County Delegation.

There was no objection.

The Bill was recalled from the delegation.

On motion of Senator GLOVER, the Bill was ordered placed on the local Calendar.

RECALLED

S. 1092 (Word version) -- Senators Leatherman and Short: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACCOMMODATIONS TAX, SO AS TO REDEFINE "TOURIST" TO DISTINGUISH BUSINESS COMMUTERS TO AND FROM CERTAIN UNDERDEVELOPED COUNTIES.

Senator SHORT asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled from the committee.

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

There was no objection.

RECALLED

H. 4413 (Word version) -- Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W.D. Smith and Bowers: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Senator WALDREP asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection.

The Bill was recalled from the committee.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1095 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR TUITION PAID TO AN INSTITUTION OF HIGHER LEARNING, SO AS TO PROVIDE THAT IN ORDER TO QUALIFY FOR THE TAX CREDIT THE STUDENT MUST HAVE EARNED AT LEAST TWENTY-SEVEN CREDIT HOURS RATHER THAN THIRTY CREDIT HOURS IN THE YEAR THE CREDIT IS CLAIMED IF THE STUDENT BEGAN EACH SEMESTER OF THAT YEAR WITH A COURSE LOAD OF AT LEAST FIFTEEN HOURS.
l:\council\bills\gjk\21102sd02.doc

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

S. 1096 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
l:\council\bills\swb\5193djc02.doc

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

S. 1097 (Word version) -- Senators Alexander, J. Verne Smith, Peeler, Patterson, Thomas, O'Dell, Ritchie, Giese and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-120 SO AS TO PROHIBIT REQUIRING PRIOR AUTHORIZATION OR OTHER RESTRICTIONS ON MEDICAID RECIPIENTS FOR ATYPICAL ANTIPSYCHOTIC MEDICATIONS USED TO TREAT MENTAL ILLNESS.
l:\council\bills\nbd\11339ac02.doc

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

S. 1098 (Word version) -- Senator Peeler: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA NURSES SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
l:\council\bills\pt\1788cm02.doc

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

S. 1099 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REAL PROPERTY OWNED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2685, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11364ac02.doc

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

S. 1100 (Word version) -- Senators Grooms and Mescher: A BILL TO PROVIDE THAT THE STATE PORTS AUTHORITY MUST OBTAIN THE APPROVAL OF A MAJORITY OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION PRIOR TO CONSTRUCTING A TERMINAL OR RAILROAD WITHIN THE BERKELEY COUNTY SCHOOL DISTRICT.
l:\council\bills\pt\1799dw02.doc

Senator GROOMS spoke on the Bill.

Point of Order

Senator GROOMS raised a Point of Order that the Bill was local in scope and should be placed on the Local and Uncontested Calendar.

Senator RYBERG spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The Bill was read the first time and referred to the Committee on Transportation.

S. 1101 (Word version) -- Senators Grooms and Mescher: A BILL TO PROVIDE THAT, PRIOR TO CONSTRUCTION OF RAILROADS IN BERKELEY COUNTY, A STUDY MUST BE CONDUCTED BY THE BERKELEY COUNTY LEGISLATIVE DELEGATION CONCERNING THE ECONOMIC AND ENVIRONMENTAL IMPACT OF THAT CONSTRUCTION PROJECT AND PROVIDE THAT, IF THE DELEGATION FINDS THAT THE PROJECT WOULD DIMINISH PROPERTY VALUES WITHIN BERKELEY COUNTY, THE PROJECT MAY NOT BE COMMENCED WITHOUT APPROVAL OF THE GENERAL ASSEMBLY.
l:\council\bills\pt\1801dw02.doc

Senator GROOMS spoke on the Bill.

Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1102 (Word version) -- Senators Branton and Grooms: A SENATE RESOLUTION TO COMMEND MISS MALLORY HETZEL FOR HER MAGNIFICENT PERFORMANCE ON THE GOLF COURSE WHILE REPRESENTING THE SUMMERVILLE GIRLS GOLF TEAM AND TO CONGRATULATE HER ON WINNING THE 2001 SOUTH CAROLINA HIGH SCHOOL GIRLS GOLF CHAMPIONSHIP.
l:\council\bills\swb\5185djc02.doc

The Senate Resolution was adopted.

S. 1103 (Word version) -- Senators Branton and Grooms: A SENATE RESOLUTION TO COMMEND THE SUMMERVILLE GIRLS CROSS COUNTRY TEAM FOR THEIR EXCELLENT SEASON OF COMPETITION AND TO CONGRATULATE THE TEAM ON WINNING THE 2001 GIRLS CROSS COUNTRY STATE CHAMPIONSHIP.
l:\council\bills\GJK\21088SD02.doc

The Senate Resolution was adopted.

S. 1104 (Word version) -- Senators Branton and Grooms: A SENATE RESOLUTION TO COMMEND THE LADY "WAVE" SWIM TEAM OF SUMMERVILLE HIGH SCHOOL FOR ANOTHER TERRIFIC SEASON OF COMPETITION AND CONGRATULATE THE TEAM ON WINNING THEIR SECOND CONSECUTIVE AAAA STATE CHAMPIONSHIP.
l:\council\bills\GJK\21093SD02.doc

The Senate Resolution was adopted.

S. 1105 (Word version) -- Senators Branton and Grooms: A SENATE RESOLUTION TO COMMEND THE WRESTLERS, COACHES, AND STAFF OF THE SUMMERVILLE HIGH SCHOOL WRESTLING TEAM FOR THEIR HARD-NOSED EFFORT DURING THE SEASON AND CONGRATULATE THE TEAM ON WINNING THE 2002 WRESTLING STATE CHAMPIONSHIP.
l:\council\bills\SWB\5177DJC02.doc

The Senate Resolution was adopted.

H. 3145 (Word version) -- Reps. Lourie, J.E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2001, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.

Senator GROOMS spoke on the Bill.

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

H. 3328 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.

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

H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4856 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE KARIN B. SKIPPER OF MID-CAROLINA HIGH SCHOOL IN NEWBERRY COUNTY UPON BEING NAMED THE EARTH SCIENCE TEACHER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA, THE SOUTH CAROLINA EARTH SCIENCE TEACHERS ASSOCIATION, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE UNIVERSITY OF SOUTH CAROLINA CENTER FOR SCIENCE EDUCATION, AND TO EXTEND SINCERE APPRECIATION FOR HER OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO PUBLIC EDUCATION IN SOUTH CAROLINA.

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

H. 4862 (Word version) -- Reps. Chellis, A. Young and Owens: A CONCURRENT RESOLUTION TO HONOR WOODY WOODCOCK OF SUMMERVILLE FOR AN AMAZING BOXING CAREER AND TO CONGRATULATE HIM FOR BEING INDUCTED INTO THE CAROLINAS BOXING HALL OF FAME ON APRIL 5, 2002, AT LOWE'S MOTOR SPEEDWAY CLUB IN CHARLOTTE, NORTH CAROLINA.

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

REPORTS OF STANDING COMMITTEES

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

S. 561 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-26-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF CONDITIONAL TEACHING CERTIFICATES BY THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE AWARDING OF CONDITIONAL CERTIFICATES AND PROVIDE THAT THE BOARD MAY AWARD A TEMPORARY TEACHING CREDENTIAL, UNDER CERTAIN CONDITIONS, TO A PERSON CHANGING CAREERS WHO DOES NOT QUALIFY FOR A PROFESSIONAL CERTIFICATE.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the TRANSPORTATION POLICY AND RESEARCH COUNCIL to attend a luncheon at the Summit Club on Tuesday, March 19, 2002, upon adjournment and lasting until 2:30 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA to attend a bird supper at Seawells on Tuesday, March 19, 2002, from 6:30 until 9:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA PRAYER FELLOWWSHIP to attend a prayer breakfast at the Sheraton Hotel on Wednesday, March 20, 2002, from 7:45 until 9:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA ASSOCIATION OF REALTORS to attend a midday reception at the Clarion Town House Hotel on Wednesday, March 20, 2002, from 12:30 until 2:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA HOSPITAL ASSOCIATION to attend a reception at the Clarion Town House Hotel on Wednesday, March 20, 2002, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the COUNCIL OF CHAMBERS OF YORK COUNTY to attend a reception at the South Carolina Museum on Wednesday, March 20, 2002, from 8:00 until 9:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA ASSOCIATION OF RESIDENTIAL CARE HOMES to attend a breakfast in #221 Blatt Building, on Thursday, March 21, 2002, from 8:30 until 10:30 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from STATE FARM INSURANCE COMPANIES to attend a luncheon on the State House Grounds on Tuesday, March 26, 2002, upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from SOUTH CAROLINA STATE UNIVERSITY to attend a reception at the Clarion Town House on Tuesday, March 26, 2002, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Message from the House

Columbia, S.C., March 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4539 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION HONORING AMERICA'S LEADERS FOR THEIR EFFORTS IN THE WAR AGAINST TERRORISM.
Very respectfully,
Speaker of the House

Received as information.

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

HOUSE BILL RETURNED

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

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

READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.

Senator LEATHERMAN asked to take up the Resolution for immediate consideration.

Senator GLOVER objected.

Point of Order

Senator LEATHERMAN raised a Point of Order that, under the provisions of Rule 51, a weighted vote of 60% would serve as an objection and the Senator's weighted vote did not meet that threshold amount.

The PRESIDENT stated that was correct.

Objection

Senator GLOVER asked unanimous consent to make a motion to reconsider the vote whereby the amendment (nbd\11356AC02) proposed by Senator LEATHERMAN was adopted on Wednesday, March 6, 2002.

Senator LEATHERMAN objected.

The question then was the third reading of the Resolution.

Senator GLOVER argued contra to the third reading of the Resolution.

Objection

Senator GLOVER asked unanimous consent to make a motion to reconsider the vote whereby the amendment (nbd\11356AC02) proposed by Senator LEATHERMAN was adopted on Wednesday, March 6, 2002.

Senator LEATHERMAN objected.

The question then was the third reading of the Resolution.

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

Ayes 2; Nays 2

AYES

Leatherman (47.34)        McGill (7.94)

Total--2

NAYS

Glover (24.99)            Land (5.77)

Total--2

By a weighted vote of 55.28 to 30.76,   the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.

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

There was no objection.

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

Senator HUTTO proposed the following amendment (JUD0065.012), which was adopted:

Amend the bill, as and if amended, page 3, line 32, in Section 7-13-190(E)(3), as contained in SECTION 2, by striking line 32 and inserting therein the following:

/   general elections.

When no person has filed a declaration to be a write-in candidate pursuant to this section, the candidate who filed for the office must be declared the winner by the authority charged by law with conducting the election, and the votes for the election must not be counted or otherwise tabulated. Nothing in this section requires a ballot containing the name of a person who has been declared the winner pursuant to this section to be reprinted to delete the winning candidate's name or candidates' names from the ballot." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE THIRD TIME, SENT TO THE HOUSE

S. 715 (Word version) -- Senators McConnell, J. Verne Smith, Hawkins and Peeler: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.

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

There was no objection.

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

Minority Report Removed

On motion of Senator MOORE, with unanimous consent, the Minority Report was removed.

The Committee on Judiciary proposed the following amendment (JUD0715.005), which was adopted:

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

/   SECTION   1.   Section 14-7-1110 of the 1976 Code is amended to read:

"Section 14-7-1110.   Any A person who is arraigned indicted for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery an A, B, C, or D Class Felony, or any other offense that carries a maximum term of imprisonment of fifteen years or more, except for a capital offense, is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. A person who is indicted for a capital offense has the right to peremptory challenges not exceeding ten, and the State in these cases has the right to peremptory challenges not exceeding five. Any A person who is indicted for any other crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no a non-capital case where there is more than one defendant jointly are tried, are no more than twenty ten peremptory challenges are allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly tried the State has ten challenges no more than ten peremptory challenges are allowed to the State."

SECTION   2.   Section 14-7-1120 of the 1976 Code is amended to read:

"Section 14-7-1120.   In criminal cases, the prosecution is entitled to one two and the defendant to two peremptory challenges for each alternate juror called under the provisions of Section 14-7-320. and in In civil cases, each party shall have has one strike for each alternate juror."

SECTION   3.   Chapter 7 of Title 14 of the 1976 Code is amended by adding:

"Section 14-7-1125.   In every criminal court of record where a party which is a governmental agency, entity, or subdivision of government, including a solicitor or governmental prosecutor, has obtained criminal records, driving records, or other specialized juror information, the information must be made available to the opposing party, including the opposing counsel, prior to the beginning of the jury selection process at no cost to the opposing party."

SECTION   4.   This act takes effect July 1, 2002, and applies to all criminal trials conducted on or after that date.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1001 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

The Committee on Judiciary proposed the following amendment (JUD1001.002), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 14, in Section 48-23-70(A)(5), as contained in SECTION 1, by striking lines 14-16 in their entirety and inserting therein the following:

/   (5)   consume or display an alcoholic beverage in public on lands of the State Commission of Forestry, except where specifically authorized by the commission. For purposes of this item, 'alcoholic beverage' means 'alcoholic beverage' as defined in Section 61-6-20, and beer, wine, and all other beverages defined as 'nonalcoholic beverages' in Section 61-4-10. /

Amend the bill further, as and if amended, page 2, line 22, in Section 48-23-70(C), as contained in SECTION 1, by striking line 22 in its entirety and inserting therein the following:

/   person who is convicted of violating a provision of items (1) through (4) of subsection (A)   /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED, AMENDED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.

The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.

The Committee on Corrections and Penology proposed the following amendment (BBM\10839HTC02), which was adopted:

Amend the joint resolution, as and if amended, in SECTION 1, by striking subsection (B) beginning on page 1, and inserting:

/ (B)   The committee consists of seventeen members as follows:

(1)   the Chairman of the Senate Committee on Corrections and Penology, ex officio, who shall serve as chairman;

(2)   the Director of the South Carolina Department of Corrections, ex officio;

(3)   the Director of the South Carolina Department of Probation, Parole and Pardon Services, ex officio;

(4)   the Director of the South Carolina Department of Juvenile Justice, ex officio;

(5)   five members appointed by the Governor, one each to represent the business, religious, health care provider, social service provider, and inmate/family advocacy communities;

(6)   four members appointed by the President Pro Tempore of the Senate, one each to represent the legal, religious, business, and health care provider communities;

(7)   four members appointed by the Speaker of the House of Representatives, one each from the business, religious, legal, and social service provider communities.

Members shall serve without compensation but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions to be paid equally from approved accounts of both houses of the General Assembly. A vacancy of an appointed member must be filled in the manner of original appointment. The task force shall meet as often as necessary and for its work employ the services of the staff of the South Carolina Department of Corrections, South Carolina Department of Juvenile Justice, South Carolina Department of Probation, Parole and Pardon Services, the Senate Committee on Corrections and Penology, and the House Judiciary Committee, as the task force determines appropriate. /

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

Senator Fair proposed the following amendment (BBM10840HTC02), which was adopted:

Amend the joint resolution, as and if amended, in SECTION 1, by striking subsection (B) beginning on page 1, and inserting:

/ (B)   The committee consists of sixteen members as follows:

(1)   the Chairman of the Senate Committee on Corrections and Penology, ex officio, who shall serve as chairman;

(2)   the Director of the South Carolina Department of Corrections, ex officio;

(3)   the Director of the South Carolina Department of Probation, Parole and Pardon Services, ex officio;

(4)   the Director of the South Carolina Department of Juvenile Justice, ex officio;

(5)   four members appointed by the Governor, one each to represent the inmate/family advocacy, victim advocacy, health care provider, and social service provider communities;

(6)   four members appointed by the President Pro Tempore of the Senate, one each to represent the legal, religious, business, and health care provider communities;

(7)   four members appointed by the Speaker of the House of Representatives, one each from the business, religious, legal, and social service provider communities.

Members shall serve without compensation but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions to be paid equally from approved accounts of both houses of the General Assembly. A vacancy of an appointed member must be filled in the manner of original appointment. The task force shall meet as often as necessary and for its work employ the services of the staff of the South Carolina Department of Corrections, South Carolina Department of Juvenile Justice, South Carolina Department of Probation, Parole and Pardon Services, the Senate Committee on Corrections and Penology, and the House Judiciary Committee, as the task force determines appropriate. /

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Senator FAIR proposed the following amendment (1010R001.MLF), which was adopted:

Amend the joint resolution, as and if amended, SECTION 1, page 2, by striking lines 19 through 22, and inserting therein the following:

/     (C)   The task force shall prepare a report with recommendations which must be submitted to the General Assembly before March 1, 2003. The task force terminates on the date it files its report or March 1, 2003, whichever occurs first.     /.

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1014 (Word version) -- Senators Hawkins, Grooms, Ravenel, Giese, Branton, Richardson, Peeler, Waldrep, Martin, Verdin, Thomas, Courson and Gregory: A BILL TO AMEND SECTION 44-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO REQUIRE PARENTAL CONSENT TO OBTAIN SAMPLES FOR TESTING AND TO PERFORM RESEARCH USING A SAMPLE TAKEN, TO AUTHORIZE A PARENT OR A PERSON OVER EIGHTEEN TO REQUEST IN WRITING THAT ANY SAMPLE TAKEN FOR TESTING BE DESTROYED AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE A REQUEST FORM ON ITS WEBSITE, TO REQUIRE THE DEPARTMENT TO DESTROY A SAMPLE FIFTEEN YEARS AFTER THE BIRTH OF A CHILD, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

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

The Medical Affairs Committee proposed the following amendment (NBD\11337AC02), which was adopted:

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

/SECTION   1.   Section 44-37-30 of the 1976 Code is amended to read:

"Section 44-37-30.   (A)   Every A child born in this State, except a child born of a parent who objects on religious grounds and indicates this objection before testing on a form promulgated in regulation by the Department of Health and Environmental Control, shall have neonatal testing to detect inborn metabolic errors and hemoglobinopathies. The Department of Health and Environmental Control shall prescribe by regulation the tests to be performed, the persons and institutions responsible for obtaining necessary samples for the prescribed test, the procedures to be followed in testing and recording the results of the tests, methods and procedures for storage of the samples, and the provision of appropriate counseling and medical referral. Blood taken to perform these tests must be stored by the department at minus 20 centigrade and available for additional tests as the department prescribes by regulation.

(B)   Information obtained as a result of the tests conducted pursuant to this section is confidential and may be released only to a parent or legal guardian of the child, the child's physician, and the child when eighteen years of age or older when requested on a form promulgated in regulation by the department.

(C)   A blood sample obtained pursuant to this section is confidential and may be released only as the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, directs the department at the time of testing or at any time after that on a form promulgated in regulation by the department.

(D)(1)   Unless otherwise directed pursuant to this subsection, a blood sample obtained pursuant to this section must be stored by the department at minus 20 centigrade and may be released for purposes of confidential, anonymous scientific study. The release of a blood sample must conform with regulations promulgated by the department. At the time of testing or at any time after that, on a form promulgated in regulation by the department, the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, may direct the department to:

(a)   return a blood sample in its entirety and any test results not less than two years after the date of testing;

(b)   destroy a blood sample in a scientifically acceptable manner not less than two years after the date of the testing; or

(c)   store a blood sample at minus 20 centigrade but not release the blood sample for confidential, anonymous scientific study.

(2)   A blood sample released for confidential, anonymous study pursuant to this section must not contain information which may be used to determine the identity of the donor. A blood sample released pursuant to this section may contain demographic or other statistical information. If scientific study identifies genetic information that may benefit the child, the department may notify confidentially the parent or legal guardian, or the child if eighteen years of age or older, of this information.

(E)   (1)   A blood sample that has not been stored at minus 20 centigrade before the effective date of this section must be destroyed in a scientifically acceptable manner six months from the effective date of this section unless a parent or legal guardian of a child from whom a blood sample was obtained, or the child if eighteen years of age or older, requests return of the blood sample on a form provided by the department.

(2)   A blood sample stored at minus 20 centigrade pursuant to this section before the effective date of this section must be retained as prescribed in subsection (D) unless directed by the parent or legal guardian of the child from whom a blood sample was obtained to destroy or return the blood sample.

(F)   The department shall promulgate regulations necessary for the implementation of this section. All forms must include information concerning the benefits of neonatal testing and storage of a blood sample.

(G)   A person who violates this section or fails to comply with the regulations promulgated pursuant to this section or who provides or obtains or otherwise tampers with a blood sample collected pursuant to this section is guilty of a misdemeanor felony and, upon conviction, must be fined not more than one hundred fifty thousand dollars or imprisoned for not more than thirty days. Children of parents objecting to tests on religious grounds are not required to receive the tests three years."

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

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the committee amendment.

The committee amendment was adopted.

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

SECOND READING BILLS

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

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

Senator BAUER explained the Bill.

H. 4702 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 778 OF 1988, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO STAGGER THE TERMS OF MEMBERS OF THE COMMISSION BEGINNING IN 2005.

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

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

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

S. 1093 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2668, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.

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

Senator MARTIN proposed the following amendment (JUD0963.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 21, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   Section 56-5-2780(A) of the 1976 Code is amended to read:

"(A)   A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. A first offense for a violation of Section 56-5-2770(a) or (e) must be tried exclusively in magistrates court.

Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Senator LEVENTIS spoke on the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3032 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

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

The Committee on Judiciary proposed the following amendment (JUD3032.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 25, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 33-1-103.   A corporation or partnership, as defined in this section, may designate an employee or principal of the corporation or partnership to represent it in magistrates court. This designation must be in writing and must be submitted to the magistrate at the time the initial pleading in the case is filed by the party. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of law, the person so designated, while representing the corporation or partnership in magistrates court, is not engaging in the unauthorized practice of law.

As used in this section, a corporation or partnership is defined as a general partnership, a limited liability partnership, a limited liability company, a limited partnership, a professional association, a professional corporation, a nonprofit corporation, a business corporation, or a statutory close corporation."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

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

MADE SPECIAL ORDER

S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.

Senator MARTIN moved that the Joint Resolution be made a Special Order.

Senator LEVENTIS objected.

Senators MARTIN and LEATHERMAN spoke on the motion.

The question then was the motion to make the Joint Resolution a Special Order.

By a division vote of 20-4, the Joint Resolution was made a Special Order.

OBJECTION, POINT OF ORDER

H. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.

Senator FORD spoke on the Resolution.

Objection

Senator GLOVER asked unanimous consent to make a motion to hold the Resolution pending a ruling regarding the appropriate census data to be applied to Senate Rule 51.

Senator MARTIN objected.

Senator GLOVER spoke on the Resolution.

Point of Order

Senator MARTIN raised a Point of Order that the motion was out of order inasmuch as the Resolution was not before the body for consideration and the motion was not made in a timely manner.

The PRESIDENT sustained the Point of Order.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

MADE SPECIAL ORDER

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

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

The Bill was made a Special Order.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 7, 2002, at 12:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R203, S. 520 (Word version)) -- Senator Patterson: AN ACT TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
L:\COUNCIL\ACTS\520DW02.DOC

(R204, S. 826 (Word version)) -- Senators Martin and Elliott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, AS AMENDED, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2003, BEFORE WHICH DATE IT MUST MAKE ITS REPORT, AND TO FURTHER PROVIDE FOR THE DURATION OF A MEMBER'S TERM.
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(R205, S. 856 (Word version)) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: AN ACT TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, TO PROVIDE THE DEPARTMENT MAY USE UP TO ONE THIRD OF THE FUNDS FOR LAW ENFORCEMENT, NOXIOUS AQUATIC WEED CONTROL, AND ACQUISITION, TO PROVIDE THAT REVENUE COLLECTED OR FUNDS REMAINING IN THE WATER RECREATIONAL RESOURCES FUND CREATED BY ACT 1134 OF 1968 MUST BE TRANSFERRED TO THE FUND, TO PROVIDE THAT CERTAIN FUNDS COLLECTED BY THE STATE TREASURY MUST BE ALLOCATED TO THE FUND, TO PROVIDE FOR DISPOSITION OF SURPLUS PROPERTY BY THE DEPARTMENT AND THAT IT IS UNLAWFUL FOR RETIRED EMPLOYEES OF THE DEPARTMENT TO PURCHASE SURPLUS PROPERTY DIRECTLY FROM THE DEPARTMENT, TO PROVIDE FOR THE DISPOSITION OF PROCEEDS FROM THE SALE OF THE DEPARTMENT'S SURPLUS PROPERTY ORIGINALLY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS, AND TO PROVIDE THAT THE DEPARTMENT MUST PROVIDE COUNTY LEGISLATIVE DELEGATIONS WITH AN ANNUAL INVENTORY OF PROPERTY PURCHASED WITH COUNTY WATER RECREATIONAL RESOURCES FUNDS.
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(R206, S. 877 (Word version)) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
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(R207, S. 933 (Word version)) -- Senators Ravenel, McConnell and Grooms: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
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(R208, S. 965 (Word version)) -- Senator Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
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(R209, H. 3447 (Word version)) -- Reps. Cato, Cobb-Hunter, Jennings, Bales, Barfield, Barrett, Battle, G. Brown, J. Brown, Carnell, Davenport, Delleney, Edge, Harrison, Hayes, Hinson, Howard, Kelley, Knotts, Lee, Limehouse, Littlejohn, Lourie, McCraw, Meacham-Richardson, J.H. Neal, Rutherford, Sandifer, Scott, F.N. Smith, J.E. Smith, Talley, Taylor, Walker, Webb, Whatley, Whipper, Wilkins, White, Miller and Simrill: AN ACT TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF SOCIAL WORKERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO REVISE SOCIAL WORK LICENSURE CLASSIFICATIONS AND THEIR RESPECTIVE AREAS AND SCOPE OF PRACTICE; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SOCIAL WORKERS; AND TO PROVIDE PROCEDURES, REQUIREMENTS, IF ANY, AND TIME FRAMES WITHIN WHICH TO CONVERT A CURRENT LICENSE TO A LICENSE WITHIN THE REVISED CLASSIFICATIONS.
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(R210, H. 4485 (Word version)) -- Reps. Huggins, Bingham, Edge, Frye, Koon, Riser and Sandifer: AN ACT TO AMEND SECTIONS 25-1-420, 25-1-430, 23-49-20, 23-49-30, 23-49-60, 38-75-470, AS AMENDED, 44-61-30, AS AMENDED, 48-40-60, AND 49-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".
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(R211, H. 4567 (Word version)) -- Reps. Taylor, Carnell and Wilder: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAMES OF CERTAIN PRECINCTS AND REDESIGNATE THE MAP REFERENCE OF THE MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
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(R212, H. 4804 (Word version)) -- Reps. Harvin and J. Young: A JOINT RESOLUTION TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD OF ANY INSTRUCTIONAL PROGRAM; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO ITS FISCAL EMERGENCY; AND TO EXEMPT THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2001-2002; AND TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2002-2003 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO FISCAL EMERGENCY, AND TO EXEMPT THE DISTRICT FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT AND THE EDUCATION FINANCE ACT.
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STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Committee on Transportation, on motion of Senator RYBERG, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 2001, and to expire February 13, 2008

At-Large

William H. Stern, President, Stern & Stern Assoc., 8910 Two Notch Road, Suite 500, Columbia, S.C. 29223 VICE Edgar A. Buck

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1999, and to expire February 13, 2006

At-Large

John Fleming Hassell III, President, The Maritime Assoc, P. O. Box 494, Charleston, S.C. 29402 VICE James C. Morton, Jr.

MOTION ADOPTED

On motion of Senator BAUER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Frontis Smith of Leesville, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 8, 2002, it stand adjourned to meet next Tuesday, March 12, 2002, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:33 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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