Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator MARTIN.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, the Psalmist in Psalm 50 gives us some light and direction for today.
Verse 3: "In the morning I will direct my prayer unto You, O Lord!
And will look up!"
Let us pray.
God, our Father, the Eternal One: at the beginning of a new week of stewardship, help us to look up and be drawn together in unity of spirit and find amidst our differences a common purpose in seeking with all our hearts to say, and to do, together, the things that will enrich the common life of all South Carolinians.
You are the eternal source of life, and light, and power.
Give us the lamp of faith, the will to labor with determination, and the desire to walk circumspectly, and without fear, because we move forward, trusting in Him, and the Spirit, in Whose Name we say our prayer.
Amen.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present.

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

Senator DRUMMOND introduced Dr. Roger Gaddy of Winnsboro, S.C., Doctor of the Day.

Senator DRUMMOND introduced Dr. Duren Johnson of Lancaster, S.C., Doctor of the Day.

On motion of Senator McGILL, at 12:00 Noon, Senator SHORT was granted a leave of absence for today.

H. 4466 -- Reps. Sheheen and H. Brown: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from Legislative Council.
There was no objection.

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

Senator PASSAILAIGUE proposed the following amendment (4466R001.WHB), which was adopted:
Amend the bill, as and if amended, page 1, line 30, by striking the word / 1997 / and inserting in lieu thereof the following:
/   1996   /.
Amend title to conform.

The amendment was adopted.

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

The following were introduced:

S. 973 -- Senator Leventis: A SENATE RESOLUTION RECOGNIZING MR. DAVID M. WINKLES, JR., OF SUMTER COUNTY FOR HIS OUTSTANDING LEADERSHIP IN THE AGRICULTURAL INDUSTRY IN THIS STATE AND CONGRATULATING HIM ON HIS ELECTION AS PRESIDENT OF THE SOUTH CAROLINA FARM BUREAU FEDERATION.
Senator LEVENTIS spoke on the Resolution.

The Senate Resolution was adopted.

S. 974 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER TO BE PRESENT AT HIS EXECUTION.
Read the first time and referred to the Committee on Corrections and Penology.

S. 975 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER TO BE PRESENT AT HIS EXECUTION.
Read the first time and referred to the Committee on Corrections and Penology.

S. 976 -- Senator Reese: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO REDUCE FROM TEN YEARS TO FIVE YEARS THE STATE-COVERED ENTITY SERVICE REQUIRED FOR A RETIREE TO REMAIN IN THE INSURANCE PLAN UPON RETIREMENT.
Read the first time and referred to the Committee on Finance.

S. 977 -- Senators McConnell, Wilson, Thomas, Russell and Courson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAXATION AND ASSESSMENT RATIOS FOR PROPERTY, SO AS TO PROVIDE A GRADUAL TAX CUT AND EVENTUAL ELIMINATION OF TAXES FOR PERSONAL MOTOR VEHICLES, CAPPING THE TAXES AT 1997 ASSESSMENTS, LOWERING THE TAXES BY TWENTY-FIVE DOLLARS FOR TAX YEAR 1998, INCREASING THE TAX CUT TO SEVENTY-FIVE DOLLARS FOR TAX YEAR 1999, AND INCREASING THE TAX CUT AN ADDITIONAL FIFTY DOLLARS IN EACH LATER TAX YEAR AND TO ALLOW THE GENERAL ASSEMBLY TO DELAY FOR ONE YEAR ALL OR PART OF THE NEXT YEAR'S INCREASE IN THE TAX CUT AMOUNT FOR PERSONAL MOTOR VEHICLES IF A FURTHER TAX CUT IN THAT YEAR WOULD RESULT IN A GROWTH OF TOTAL REMAINING REVENUE FROM ALL SOURCES OF LESS THAN ONE HUNDRED MILLION DOLLARS, AND TO PROVIDE THAT THE STATE REPLACE LOCAL REVENUE AFFECTED BY A GRADUAL REDUCTION AND EVENTUAL ELIMINATION OF TAX ON PERSONAL MOTOR VEHICLES.
Read the first time and referred to the Committee on Finance.

S. 978 -- Senators Wilson, Drummond, Ravenel, Grooms, Setzler, J. Verne Smith, Fair, Thomas, Leatherman, Mescher, Russell, Hayes, Waldrep, Courtney, Alexander, Cork, Holland and Lander: A BILL TO ENACT THE "TELEMARKETING PRIVACY ACT OF 1998" BY AMENDING CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES AND TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY ADDING ARTICLE 23 SO AS TO ENACT PROVISIONS ESTABLISHING TELEMARKETING PRIVACY IN THIS STATE, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, A DATABASE, CRIMINAL PENALTIES, INVESTIGATIONS BY THE ATTORNEY GENERAL AND THE CIRCUIT SOLICITORS, AND THE SEEKING OF INJUNCTIVE AND OTHER RELIEF BY THE ATTORNEY GENERAL; BY AMENDING SECTION 35-1-520, AS AMENDED, RELATING TO THE UNIFORM SECURITIES ACT, BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, INVESTMENT ADVISER REPRESENTATIVES, AND DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION, SO AS TO PROVIDE THAT THE SECURITIES COMMISSIONER MAY BY ORDER DENY, SUSPEND, OR REVOKE A REGISTRATION IF HE FINDS THAT THE ORDER IS IN THE PUBLIC INTEREST AND THAT THE APPLICANT OR REGISTRANT OR, IN THE CASE OF A BROKER-DEALER OR INVESTMENT ADVISER, A PARTNER, OFFICER, OR DIRECTOR, A PERSON OCCUPYING A SIMILAR STATUS OR PERFORMING SIMILAR FUNCTIONS, OR A PERSON DIRECTLY OR INDIRECTLY CONTROLLING THE BROKER-DEALER OR INVESTMENT ADVISER HAS CONTACTED BY TELEPHONE A PERSON OR AN ENTITY WHO HAS FILED A NOTICE WITH THE LOCAL EXCHANGE CARRIER AS PROVIDED IN SECTION 58-9-2710; BY AMENDING SECTION 33-56-140, AS AMENDED, RELATING TO SOLICITATION OF CHARITABLE FUNDS, INVESTIGATIONS OF CHARITABLE ORGANIZATIONS OR PROFESSIONAL SOLICITORS, NOTICE OF NONCOMPLIANCE, PENALTIES, AND GROUNDS FOR INJUNCTION, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT, IF A CHARITABLE ORGANIZATION, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITOR FAILS TO FILE A REGISTRATION APPLICATION, STATEMENT, REPORT, OR OTHER INFORMATION REQUIRED TO BE FILED WITH THE ATTORNEY GENERAL OR VIOLATES THE PROVISIONS OF CHAPTER 56 OF TITLE 33 OR OF THE TELEMARKETING PRIVACY ACT OF 1998, THE ATTORNEY GENERAL SHALL NOTIFY THE CHARITABLE ORGANIZATION, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITOR OF THIS FACT BY MAILING A NOTICE BY REGISTERED OR CERTIFIED MAIL, WITH RETURN RECEIPT REQUESTED, TO ITS LAST KNOWN ADDRESS, AND PROVIDE THAT THE ATTORNEY GENERAL, IF HE HAS REASON TO BELIEVE THAT A PERSON IS KNOWINGLY AND WILFULLY OPERATING IN VIOLATION OF CHAPTER 56 OF TITLE 33 OR OF THE TELEMARKETING PRIVACY ACT OF 1998, MAY BRING AN ACTION TO ENJOIN THE CHARITABLE ORGANIZATION, PROFESSIONAL FUND-RAISING COUNSEL, PROFESSIONAL SOLICITOR, OR OTHER PERSON FROM CONTINUING THE VIOLATION, DOING ANY OTHER ACTS IN FURTHERANCE OF IT, AND FOR OTHER RELIEF THE COURTS CONSIDER APPROPRIATE.
Read the first time and referred to the Committee on Judiciary.

S. 979 -- Senators Martin and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.
Read the first time and referred to the Committee on Judiciary.

S. 980 -- Senators Ford, McConnell, Glover, Patterson, Ravenel, J. Verne Smith, Anderson and Hutto: A CONCURRENT RESOLUTION TO CAUSE THE BLACK LIBERATION FLAG TO BE FLOWN FROM THE FLAGPOLE ATOP THE STATE HOUSE AND INSIDE THE CHAMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY DURING THE PERIOD OF JANUARY 15-24, THE MONTH OF FEBRUARY, AND ON JUNE 19, "JUNETEENTH", AND DURING "KWANZAA", DECEMBER 26 THROUGH JANUARY 1, AS OFFICIAL RECOGNITION OF THE STRUGGLE FOR LIBERATION AND SUBSTANTIAL CONTRIBUTIONS OF CERTAIN CITIZENS, IN KEEPING WITH THE LEGISLATIVE POLICY OF HONORING SUCH CONTRIBUTIONS THROUGH THE DISPLAY OF FLAGS.
Introduced and referred to the Committee on Judiciary.

S. 981 -- Senator Giese: A BILL TO AMEND SECTION 40-35-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO REQUIRE AN ASSOCIATE DEGREE WITH ONE YEAR OF ON-SITE SUPERVISED EXPERIENCE RATHER THAN A HIGH SCHOOL EDUCATION.
Read the first time and referred to the Committee on Medical Affairs.

S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.
Read the first time and referred to the Committee on Transportation.
S. 983 -- Senator Washington: A CONCURRENT RESOLUTION CONGRATULATING ELIZABETH AIKEN SANTAGATI ON RECEIVING THE "COMMUNITY LEADERSHIP AWARD" FROM THE COMMUNITY MINISTERIAL ALLIANCE ON JANUARY 17, 1998, AND COMMENDING HER FOR HER YEARS OF LEADERSHIP, DEDICATION, AND HARD WORK ON BEHALF OF HER COMMUNITY.
The Concurrent Resolution was adopted, ordered sent to the House.

H. 3330 -- Rep. Sharpe: A BILL TO AMEND CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF GEOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40; AND AMONG OTHER THINGS, TO SPECIFY MINIMUM GEOLOGY OR GEOPHYSIC COURSE HOURS TO SATISFY THE EDUCATIONAL REQUIREMENT FOR REGISTRATION; TO REPLACE CERTIFICATES WITH REGISTRATION CARDS; TO PROVIDE FOR BOARD ASSIGNED SERIAL NUMBERS; AND TO AUTHORIZE A BOARD SEAL.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4295 -- Reps. Neilson, Stuart and Rhoad: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 1998.
Introduced and referred to the Committee on Medical Affairs.

H. 4358 -- Reps. Loftis, J. Brown, Leach, Robinson, Stille, Vaughn and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-770 SO AS TO AUTHORIZE LICENSED PRACTICAL NURSES TO PROVIDE CERTAIN SERVICES IN RESIDENTIAL SETTINGS AND PUBLIC SCHOOLS WITHOUT THE ON-SITE SUPERVISION OF A NURSE, DOCTOR, OR DENTIST IF CERTAIN PROCEDURES ARE FOLLOWED.
Read the first time and referred to the Committee on Medical Affairs.

H. 4469 -- Reps. Limehouse, Cato, Campsen and H. Brown: A BILL TO AMEND SECTION 54-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF PORT PILOTS SO AS TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH CERTAIN SHORT BRANCH LICENSE REQUIREMENTS AND RESTRICTIONS; AND TO AMEND SECTION 54-15-120 RELATING TO PREREQUISITES TO LICENSING IN THE PORT OF CHARLESTON, SO AS TO REVISE THE LEVELS WHICH AN APPRENTICE MUST OBTAIN BEFORE LICENSURE.
Read the first time and referred to the Committee on Transportation.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.

On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4540 -- Reps. Loftis and Leach: A BILL TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

The PRESIDENT assumed the Chair at 12:12 P.M.

Senator COURSON from the Committee on Invitations has polled out S. 957 favorable:
S. 957 -- Senators J. Verne Smith, Courson, Giese, Hayes, Hutto, Jackson, Martin, Moore, Ravenel, Ryberg and Short: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 4, 1998, AS "HOSPITAL DAY".

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations has polled out H. 4497 favorable:
H. 4497 -- Reps. Felder, Altman, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Fleming, Gamble, Gourdine, Harrell, A. Harris, Harrison, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Klauber, Law, Leach, Limehouse, Lloyd, Mack, Maddox, Martin, McGee, McMahand, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Pinckney, Rodgers, Sandifer, Simrill, D. Smith, Stille, Trotter, Webb, Whatley, and Woodrum: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 4, 1998, AS "HOSPITAL DAY".

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Ordered for consideration tomorrow.

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

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

S. 290 -- Senator Anderson: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.

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

S. 972 -- Senators Bryan, Russell, Reese, Courtney and Lander: A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.
Senator BRYAN explained the Bill.

S. 972 -- Senators Bryan, Russell, Reese, Courtney and Lander: A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.
On motion of Senator BRYAN, with unanimous consent, the names of Senators PEELER and SHORT were added as co-sponsors of the Bill.

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

On motion of Senator DRUMMOND, the Senate agreed that, when the Senate stands adjourned today, that it stand adjourned to reconvene at 12:00 Noon on Wednesday, February 4, 1998.

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: 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 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.

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

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

At 12:22 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 12:00 Noon.

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