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 St. Matthew's Gospel, Chapter 13 (v. 24):
"Another parable He put before them, saying,
'The kingdom of heaven may be compared to a
man who sowed good seed in his field; but
while men were sleeping, his enemy came
and sowed weeds among the wheat, and went away'."
Let us pray.
Lord, we know something about trying to do good and then evil in many forms comes to frustrate our best hopes for good.
Help us to maneuver the dangerous, moral quicksands that undermine life and society.
Help us to identify our enemies and be prepared to frustrate them.
Help us today to plant some good seed in good soil in a world that is full of weeds.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
S. 997 -- Senators Short, Jackson and Gregory: A BILL TO AMEND CHAPTER 39, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAWNBROKERS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PLEDGED GOODS," A MOTOR VEHICLE CERTIFICATE OF TITLE, OTHER THAN A CERTIFICATE OF TITLE TO A MOBILE HOME; AND TO PROVIDE THAT IF ANY LOAN IN WHICH THE PLEDGED GOODS IS A MOTOR VEHICLE CERTIFICATE OF TITLE REMAINS UNPAID AFTER A PERIOD OF SIXTY DAYS FROM THE DUE DATE OR ANY RENEWAL OR EXTENSION THEREOF, THE PAWNBROKER AND THE PLEDGOR HAVE THE SAME RIGHTS AS ACCORDED UNDER PART 5, CHAPTER 9, TITLE 36 OF THE UNIFORM COMMERCIAL CODE.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Bill was referred to the Committee on Banking and Insurance.
The following were introduced:
S. 1022 -- Senator Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MACK WILLIE RHODES AS A TRUE PUBLIC SERVANT AND OUTSTANDING SOUTH CAROLINIAN ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY ON FEBRUARY 25, 1998.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1023 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-17-161 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BEAR THE COSTS OF THE S.W.A.B. TEST INSPECTION REQUIRED OF MEAT PACKING COMPANIES BY THE FEDERAL GOVERNMENT.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1024 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-400 SO AS TO ESTABLISH A PROCEDURE TO BE FOLLOWED IN HAVING REPAIRS MADE TO A DAMAGED MOTOR VEHICLE UNDER AN AUTOMOBILE INSURANCE POLICY DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE WITH RESPECT TO THE USE OF PARTS OR PRODUCTS FOR MAKING THE REPAIRS AND THE UTILIZATION OF REPAIR PERSONS OR FACILITIES, INCLUDING PROHIBITING CERTAIN ACTS, PROMULGATING REGULATIONS, AND ESTABLISHING A CRIMINAL OFFENSE AND A PENALTY.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
Read the first time and referred to the Committee on Corrections and Penology.
S. 1026 -- Senator Fair: A BILL TO AMEND ACT 437 OF 1988, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REVISE THE PURPOSE OF THE ACT AND STATE THAT THE GOAL OF THE ACT IS TO REDUCE THE INCIDENCE OF SEXUAL ACTIVITY AMONG SCHOOL AGE YOUTH AND PROMOTE VIRTUOUS BEHAVIOR; AND TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION ACT AND THE PROGRAM OF COMPREHENSIVE HEALTH EDUCATION, SO AS TO REVISE THE CONTENTS AND REQUIREMENTS OF THE PROGRAM.
Read the first time and referred to the Committee on Education.
S. 1027 -- Senators Setzler and Lander: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1028 -- Senators Fair, Thomas, Courtney, Ryberg and Wilson: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING SECTION 41-1-110 SO AS TO ENACT THE "PROHIBITION OF NEGATIVE CHECK-OFF ACT" WHICH PROHIBITS A PAYER BY INACTION FROM BEING CONSIDERED TO HAVE AGREED TO CERTAIN PAYMENTS OR A SERIES OF PAYMENTS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1029 -- Senators Fair, Giese, Thomas, Courtney, Ryberg and Wilson: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT BY ADDING SECTION 41-1-120 SO AS TO ENACT THE "LABOR ORGANIZATION DEDUCTIONS ACT".
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1030 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL BEAR THE COST OF OFF-SITE ROAD IMPROVEMENTS A SCHOOL DISTRICT INCURS WHEN IT ENTERS INTO A BUILDING PROGRAM.
Read the first time and referred to the Committee on Transportation.
S. 1031 -- Senators Martin, Alexander, Bryan and Waldrep: A BILL TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 59-39-105 OF THE 1976 CODE RELATING TO THE REQUIREMENTS FOR A STAR DIPLOMA, FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL WHO HAVE COMPLETED TWENTY-FOUR UNITS OF CREDIT WITH THE ADDITIONAL REQUIRED UNITS IN ANY COURSE SHALL MEET THE COURSE REQUIREMENTS FOR THE STAR DIPLOMA AND SCHOLARSHIP; AND TO AMEND SECTION 59-39-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STAR DIPLOMAS AND THE REQUIREMENTS FOR A STAR DIPLOMA, SO AS TO PROVIDE THAT HONORS COURSES SHALL BE INCLUDED, ALONG WITH ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE COURSES, IN THOSE COURSES WHERE GRADE POINT AVERAGES ARE ADJUSTED TO REFLECT GREATER DIFFICULTY.
Senator MARTIN spoke on the bill.
Read the first time and on motion of Senator MARTIN, with unanimous consent, ordered placed on the Calendar without reference.
H. 4355 -- Reps. Fleming, Haskins, Leach, Meacham, Sandifer and Walker: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD DAYCARE FACILITIES AND TO DEFINE "CHILD DAYCARE FACILITIES".
Read the first time and referred to the Committee on Judiciary.
H. 4364 -- Reps. Cato, Knotts, Littlejohn, Mason, Stille, Vaughn and Hinson: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY", AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4423 -- Reps. Harrell, Wilkins, Haskins, Allison, Altman, Barfield, Barrett, Bauer, Beck, Boan, Bowers, H. Brown, J. Brown, Byrd, Campsen, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Hamilton, A. Harris, Harrison, Hawkins, Hinson, Jennings, Jordan, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Littlejohn, Loftis, Martin, Mason, McAbee, McGee, Quinn, McKay, McMaster, Meacham, Moody-Lawrence, Mullen, Neilson, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, D. Smith, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Vaughn, Walker, Webb, Young, Young-Brickell, Kinon and Woodrum: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SINE DIE ADJOURNMENT DATE IS SHORTENED BY ONE STATEWIDE LEGISLATIVE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ANNUAL GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES.
Read the first time and referred to the Committee on Judiciary.
H. 4467 -- Rep. Klauber: A BILL TO AMEND SECTION 35-1-1590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING THE UNIFORM SECURITIES ACT, SO AS TO CREATE CERTAIN FELONY OFFENSES AND PENALTIES AND REVISE THE PENALTY FOR THE EXISTING MISDEMEANOR OFFENSE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4577 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
Read the first time and referred to the Committee on Finance.
H. 4591 -- Reps. Spearman, McAbee and Clyburn: A BILL TO AMEND ACT 1139 OF 1968, RELATING TO THE SCHOOL BOARD OF TRUSTEES IN SALUDA COUNTY, SO AS TO DELETE A PROVISION WHICH REQUIRES THE SCHOOL BUDGET AND TAX LEVY TO BE SUBJECT TO THE APPROVAL OF A MAJORITY OF THE COUNTY COMMISSIONERS RESIDING IN SCHOOL DISTRICT NO. 1.
Senator LANDER explained the Bill.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4603 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO CONGRATULATE DR. MAMIE B. DUPREE OF SUMTER COUNTY, PRINCIPAL OF LAMAR ELEMENTARY SCHOOL, ON HER SELECTION AS A WOMAN OF ACHIEVEMENT FOR 1998 BY THE GOVERNOR'S OFFICE COMMISSION ON WOMEN IN APPRECIATION FOR HER EXEMPLARY SERVICE TO PUBLIC EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4604 -- Reps. J. Hines and M. Hines: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MS. HERMENA SWINTON OF FLORENCE COUNTY AND TO HONOR HER ON THE OCCASION OF BEING SELECTED AS THE "1997 OUTSTANDING OLDER SOUTH CAROLINIAN" BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE ON AGING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4612 -- Reps. Young, Woodrum and Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING HARRY T. HARVIN, D.D.S., OF SUMTER COUNTY FOR HIS OUTSTANDING CAREER OF SERVICE AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4615 -- Reps. G. Brown and Harvin: A CONCURRENT RESOLUTION TO COMMEND AND THANK WADE S. KOLB, JR., OF SUMTER FOR HIS OUTSTANDING SERVICE AS SOLICITOR OF THE THIRD JUDICIAL CIRCUIT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4616 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE SOUTH CAROLINA MEDICAL ASSOCIATION ON THE CELEBRATION OF ITS ONE HUNDRED FIFTY YEARS OF IMPROVING THE HEALTH OF THE CITIZENS OF THIS STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4620 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING MRS. LILLIE MCCOY HUCKS ON THE HAPPY OCCASION OF HER SEVENTIETH BIRTHDAY, FEBRUARY 13, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HAYES from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 534 -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 844 -- Senators Courson, Leventis, Reese, Washington and Short: A BILL TO AMEND SECTION 41-43-250 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF CONFIDENTIAL INFORMATION SUBMITTED TO OR COMPILED BY THE JOBS ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO SPECIFY WHEN AND UNDER WHAT CIRCUMSTANCES INFORMATION IS DEEMED TO BE CONFIDENTIAL; TO REQUIRE THE AUTHORITY TO PROVIDE THE SENATE FINANCE COMMITTEE OR THE HOUSE WAYS AND MEANS COMMITTEE WITH ANY MATERIAL IT MAY REQUEST REGARDING A LOAN OR GRANT; AND TO REQUIRE FINAL APPROVAL BY THE GENERAL ASSEMBLY FOR LOANS INITIALLY APPROVED BY THE AUTHORITY THAT ARE GUARANTEED BY THE STATE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 897 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO EXERCISE CONGRESSIONAL JURISDICTION OVER COMMERCE OVER THE INTERNET BY ESTABLISHING A MORATORIUM ON THE IMPOSITION OF EXACTIONS THAT WOULD INTERFERE WITH THE FLOW OF COMMERCE VIA THE INTERNET.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
S. 963 -- Senators J. Verne Smith, Alexander, Brandon, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 3470 -- Reps. Kirsh, Edge, Barfield, Meacham and Simrill: A BILL TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO CHANGE THE TERM "COMMISSIONER" TO "DIRECTOR" AND TO CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Vocational Ass. and Vocational Directors Ass. to attend a drop-in, Room 208 Blatt Bldg. on Wednesday, February 18, 1998, from 9:00 until 11:30 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Dental Assn. to attend a reception at the Capital City Club on Wednesday, February 18, 1998, upon adjournment and lasting until 2:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Municipal Assn. of S.C. to attend a reception at Adam's Mark on Wednesday, February 18, 1998, from 6:00 until 7:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Cable Television to attend a reception at Capital City Club on Wednesday, February 18, 1998, from 7:30 until 9:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Disability Groups (to members of the Peidmont and Pee Dee Regions) attend a reception in Room 208 Blatt Bldg. on Tuesday, February 19, 1998, from 8:30 until 11:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Probate Judges to attend a reception at Adam's Mark on Tuesday, February 24, 1998, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Nursery Assn. to attend a breakfast at Capital City Club on Wednesday, February 25, 1998, from 8:00 until 9:30 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Pharmacy Assn. to attend a luncheon at Holiday Inn, Coliseum on Wednesday, February 25, 1998, upon adjournment and lasting until 2:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Electric Cooperatives of S.C. to attend a reception at Adam's Mark on Wednesday, February 25, 1998, from 6:00 until 7:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
S. 89 -- Senator Holland: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS.
The House returned the Bill with amendments.
On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 946 -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ANTHONY G. JORDAN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998.
Returned with concurrence.
Received as information.
S. 1020 -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING LAUREN LUCAS OF BROOKLAND-CAYCE HIGH SCHOOL OF LEXINGTON COUNTY ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO HIGH SCHOOL STUDENT VOLUNTEERS IN "THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS" PROGRAM.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 198 -- Senators Cork, Giese and Rose: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1997, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator CORK proposed the following amendment (GJK\21170SD.98), which was adopted:
Amend the bill, as and if amended, by striking Section 56-3-1975 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 56-3-1975. (A) Each handicapped parking place must be clearly identified as a handicapped parking place. If the handicapped parking place is on public property, the marker must be maintained by the political subdivision having jurisdiction over the public property or the street or highway where the handicapped parking place is located. If the handicapped parking place is on private property, the marker must be maintained by the owner of the property.
(B) A post or wall-mounted sign erected after June 30, 1998, must include the fine for unlawful use of a handicapped parking place. The sign must read 'Reserved Parking', must display the handicapped symbol, and must state that the penalty for violation is a two hundred dollar fine. If a local government's fine exceeds two hundred dollars, then that amount must be placed on the identification sign. Omission of the fine on an identifying sign is not a defense to a prosecution for unlawful use of a handicapped parking place.
(C) Notwithstanding the provisions of subsection (B), political subdivisions or private property owners who have existing stock of post or wall-mounted signs that do not include the fine for unlawful use of a handicapped parking place may exhaust their existing stock before compliance with the provisions of subsection (B)." /
Renumber sections to conform.
Amend title to conform.
Senator CORK 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.
S. 865 -- Senators McConnell, Reese and Mescher: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO DELETE A PROVISION ALLOWING A FORMER MEMBER OF THE GENERAL ASSEMBLY TO BE ELECTED TO A FAMILY COURT JUDGESHIP NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (865R001.CBH), which was adopted:
Amend the bill, as and if amended, page 1, after line 34, by adding an appropriately numbered new SECTION at the end to read:
/SECTION ___. Section 20-7-420 of the 1976 Code, as last amended by Act No. 71, Section 39 of 1997, is further amended by adding a new subitem at the end to read:
"( ) to order sibling visitation where the court finds it is in the best interest of the children."/
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.
H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.
Senator SETZLER 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 PASSAILAIGUE proposed the following amendment (3908R009.ELP), which was adopted:
Amend the bill, as and if amended, page 2, line 12, by striking the words /may be taken/ and inserting in lieu thereof the following:
/ may be taken /
Amend the bill further, as and if amended, page 2, line 34, after the word /tender/ by inserting the following:
/ as provided in Section 12-51-50 /
Amend the bill further, as and if amended, page 5, by striking Section 5 in its entirety and inserting in lieu thereof the following:
/SECTION 5. Except as otherwise provided, this act takes effect ninety days after approval by the Governor./
Amend title to conform.
The amendment was adopted.
Clerk's Note: Conflicts between amendments previously adopted and Senator PASSAILAIGUE's amendment necessitated the following correcting amendment (3908R011.FC):
Amend the bill, as and if amended, page 5, by striking lines 36 and 37 and inserting in lieu thereof the following:
D. Parts A, B, and C of this section take effect upon approval by the Governor. However, any organization issued a Class F license shall receive the benefits of a Class F license retroactive to October 1, 1997, except that the limitation on the use of bingo proceeds by a Class F licensee is effective upon approval by the Governor.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 4574 -- Reps. Limehouse, Campsen, Mack, Breeland, Whatley and Altman: A BILL TO AMEND ACT 1235 OF 1970, AS AMENDED, RELATING TO THE CHARLESTON COUNTY AIRPORT DISTRICT AND ITS GOVERNING BOARD, SO AS TO ADD THE MAYOR OF MOUNT PLEASANT, EX OFFICIO, TO THE GOVERNING BOARD OF THE DISTRICT.
On motion of Senator RAVENEL, H. 4574 was ordered to receive a third reading on Friday, February 13, 1998.
S. 948 -- Senators Ford and Patterson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST MARRIAGES OF WHITES AND NEGROES, SO AS TO REPEAL THE PROHIBITION.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a second reading:
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST MARRIAGES OF WHITES AND NEGROES, SO AS TO REPEAL THE PROHIBITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article III, Section 33 of the Constitution of this State be amended to read:
"Section 33. The marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more of negro blood, shall be unlawful and void. No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Article III, Section 33 of the Constitution of this State be amended so as to repeal the prohibition against the marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more of Negro blood?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator McCONNELL, with unanimous consent, S. 948 was ordered to receive a third reading on Friday, February 13, 1998.
S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.
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 (JUD0863.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 16-25-90 of the 1976 Code is amended to read:
"Section 16-25-90. Notwithstanding any provisions provision of Chapter Chapters 13 and 21 of Title 24, and notwithstanding any other provisions provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against his or her spouse shall be eligible for parole after serving one-fourth of his or her prison term when the inmate at the time he or she pled guilty to, nolo contendere to, or was convicted of an offense against his or her spouse, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the spouse. This section shall not affect the provisions of Section 17-27-45."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the committee 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.
H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
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 (JUD3337.002), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 40, in Section 1-23-570, as contained in SECTION 3, by striking SECTION 3 in its entirety and inserting therein the following:
/SECTION 3. Section 1-23-570 of the 1976 Code, as added by Act No. 181 of 1993, is amended to read:
"Section 1-23-570. The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the division, including budgetary matters, assignment of cases, and the administrative duties and responsibilities of the support staff. The chief judge shall assign judges of the division to hear contested cases of the various state departments and commissions for which it is responsible on a general rotation and interchange basis by scheduling and assigning administrative law judges based upon subject matter no less frequently than every six months."/
Amend the bill further, as and if amended, page 3, beginning on line 30, in Section 1-23-650, as contained in SECTION 5, by striking SECTION 5 in its entirety and inserting therein the following:
/SECTION 5. Section 1-23-650 of the 1976 Code, as last amended by Act No. 452 of 1994, is further amended to read:
"Section 1-23-650. Rules governing the internal administration and operations of the Administrative Law Judge Division shall be:
(1) proposed by the chief judge of the division and adopted by a majority of the judges of the division; or
(2) proposed by any judge of the division and adopted by seventy-five percent of the judges of the division.
Each administrative law judge may appoint, hire, contract, and supervise the support staff he is individually allotted pursuant to Section 1-23-580(B). Rules governing practice and procedure before the division which are:
(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and
(2) not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code;
shall upon approval by a majority of the judges of the division be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution; provided, however, the division shall adopt the South Carolina Rules of Civil Procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."/
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (3337R002.CBH), which was adopted:
Amend the bill, as and if amended, page 4, line 11, by adding an appropriately numbered new SECTION at the end to read:
/SECTION _____. Section 1-7-310 of the 1976 Code is amended to read:
"Section 1-7-310. There shall be is one solicitor for each judicial circuit, to be elected by the qualified electors of the circuit, who shall hold holds his office for the term of four years. A solicitor must be licensed to practice law by the South Carolina Bar at the time of his election and throughout his term.
Successors to solicitors whose terms expire in 1975 shall be elected in the general election of 1974 and each four years thereafter, and successors to those whose terms expire in 1977 shall be elected in the general election of 1976 and each four years thereafter."/
Amend title to conform.
Senator HUTTO explained 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.
S. 605 -- Senator Cork: A BILL TO AMEND SECTION 4-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNEXATION OF PART OF ONE COUNTY BY ANOTHER, SO AS TO REQUIRE THE APPROVAL OF THE COUNTY COUNCIL OF THE COUNTY FROM WHICH THE AREA IS PROPOSED TO BE TRANSFERRED WHERE THE AREA TO BE ANNEXED IS LESS THAN FIVE THOUSAND ACRES IN SIZE OR WHERE THE AREA TO BE ANNEXED HAS A POPULATION RATIO OF LESS THAN ONE ELECTOR FOR EACH TEN ACRES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator CORK proposed the following Amendment No. 1 (JUD0605.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 1, in Section 4-5-120(B), as contained in SECTION 1, by striking lines 1 and 2 in their entirety and inserting therein the following:
/county governing body of the county from which the area is proposed to be transferred must approve by resolution the annexation petition. A copy of the approving resolution must accompany the petition when the petition is filed in the office of the clerk of court of the county and transmitted to the Governor."/
Amend title to conform.
Senator CORK explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator McCONNELL desired to be recorded as voting against the second reading of the Bill.
S. 852 -- Senators Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton, Hutto and Giese: A BILL TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (852R001.HSP), which was adopted:
Amend the bill, as and if amended, page 1, line 25, by striking the word / Endowment / and inserting:
/ Trust /.
Amend the bill further, as and if amended, page 1, line 28, by striking the word / Endowment / and inserting:
/ Trust /.
Amend the bill further, as and if amended, page 1, line 39, by striking the word / Endowment / and inserting:
/ Trust /.
Amend the bill further, as and if amended, page 2, by striking lines 23 through 25 and inserting:
/ furthering the operation and maintenance of the Jocassee Gorges./
Amend the bill further, as and if amended, page 3, line 4, before the /"/ by adding the following new section to read:
/Section 50-3-980. None of said land so noted as Jocassee Gorges shall be sold, traded, leased, or mortgaged without the approval of the South Carolina General Assembly./
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
The question then was the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator PEELER, with unanimous consent, S. 852 was ordered to receive a third reading on Friday, February 13, 1998.
S. 683 -- Senators Hutto, Martin, Rose and Ford: A JOINT RESOLUTION DIRECTING THE STATE LAW ENFORCEMENT DIVISION (SLED) TO SUBMIT THE DATAMASTER BREATHALYSER TEST TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, OR COMPARABLE MEDICAL RESEARCH FACILITY IN THIS STATE, FOR EXTENSIVE TESTING ON HUMAN BEINGS TO DETERMINE THE ACCURACY OF THE TEST IN DETERMINING THE BLOOD ALCOHOL LEVEL OF A PERSON WHEN ADMINISTERED BY MEMBERS OF LAW ENFORCEMENT; TO REQUIRE SLED TO SUBMIT THE NECESSARY EQUIPMENT TO THE MEDICAL FACILITY WITHIN TEN DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION; TO REQUIRE THAT THE MEDICAL FACILITY CONDUCT ITS STUDY WITHIN ONE HUNDRED AND EIGHTY DAYS AND PROVIDE SLED WITH A REPORT WHICH SLED MUST PROVIDE TO THE GENERAL ASSEMBLY BY JANUARY 1, 1998.
Senator HUTTO asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
Senator HUTTO asked unanimous consent to commit the Joint Resolution to the Committee on Judiciary.
There was no objection.
S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010, OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator PASSAILAIGUE explained the Bill.
Senator J. VERNE SMITH objected to further consideration.
S. 846 -- Senators Washington, Leventis, Reese, Gregory, Hutto and Short: A BILL TO AMEND SECTION 56-1-540 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILES, RECORDS, AND INDEXES TO BE KEPT BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT THE DEPARTMENT FROM MAINTAINING RECORDS OF ACCIDENTS AS A PART OF A LICENSEE'S DRIVING RECORD UNLESS THE LICENSEE IS CONVICTED OF A TRAFFIC VIOLATION IN CONNECTION WITH THE ACCIDENT.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following Amendment No. 1 (846R001.CBH):
Amend the bill, as and if amended, page 1, after line 34, after the last sentence, by adding the following:
/Nothing contained herein shall affect the duties of the Department of Public Safety to maintain accident reports as required by Sections 56-5-1260 through 56-5-1360 of the 1976 Code./
Amend title to conform.
Senator HUTTO explained the amendment.
On motion of Senator BRYAN, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SETZLER spoke on the Bill.
On motion of Senator SETZLER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading, and retaining its place on the Calendar in the status of Interrupted Debate, with Senator SETZLER retaining the floor.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, February 13, 1998, it stand adjourned to meet next Tuesday, February 17, 1998, at 12:00 Noon, which motion was adopted.
At 11:57 A.M., on motion of Senator DRUMMOND, 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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