Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a few words from Psalm 34 (vv. 7-8):
"The angel of the Lord encamps around those who fear Him, and delivers them.
O taste and see that the Lord is good."
Let us pray.
Our Father, as we return to this Chamber of Decision, refreshed and renewed, give us the feeling of St. Paul when he said, 'I have strength for anything through Him who gives me power.'
Lord, lest we grow weary with many concerns, lift up our hearts that we may believe that what we were afraid we could not do, that we CAN do; and what we thought was hopeless is now possible!
From each heart, hear the silent prayer that the words of our mouths and the meditations of our hearts may be acceptable in Your sight, O Lord, our strength and our Redeemer.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 13, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1998, and to expire April 1, 2002:
Interested Party:
Sabra C. Slaughter, Ph.D., Executive Director, South Carolina Area Health Education Consortium, Medical University of South Carolina, 171 Ashley Avenue, Charleston, S.C. 29425 VICE Donna A. Hollis
Referred to the Committee on Medical Affairs.
April 14, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
6th Congressional District:
Ms. Mary T. Williams, 2602 Andover Road, Florence, S.C. 29501 VICE Frederick A. Hoefer, II
Referred to the Committee on Judiciary.
April 28, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, State Board of Medical Examiners, with term to commence December 31, 1998, and to expire December 31, 2002:
Physician - At-Large - Senate:
Louis E. Costa, II, D.M.D., M.D., 247 Calhoun Street, Charleston, S.C. 29401
Referred to the Committee on Medical Affairs.
April 30, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina State Forestry Commission, with term to commence June 30, 1998, and to expire June 30, 2004:
Public - Senate:
Mr. J. Kenneth Hill, 103 Fairway Drive, Fort Mill, S.C. 29716 VICE Joe P. Simpson
Referred to the Committee on Fish, Game and Forestry.
May 4, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Advisory Board to the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1997, and to expire June 30, 2001:
At-Large:
Mr. Charles L. McLafferty, 1587 Tolly Ganly Circle, Orangeburg, S.C. 29118
Referred to the Committee on Medical Affairs.
On motion of Senator MOORE, at 12:00 Noon, Senator SHORT was granted a leave of absence from 12:00 Noon - 1:30 P.M.
Senator LEATHERMAN introduced Dr. Thomas L. Stoughon of Florence, S.C., Doctor of the Day.
The following were introduced:
S. 1231 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
Read the first time and referred to the Committee on Judiciary.
S. 1232 (Word version) -- Senator Alexander: A SENATE RESOLUTION RECOGNIZING JIM FARMER OF WALHALLA FOR HIS DEDICATION, COMMITMENT, AND TIRELESS EFFORTS TO BOY SCOUTING THE WORLD OVER AS HE STEPS DOWN AS SCOUTMASTER OF BOY SCOUT TROOP 45.
The Senate Resolution was adopted.
H. 4922 (Word version) -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.
Read the first time and referred to the Committee on Transportation.
H. 4943 (Word version) -- Reps. Whatley, Phillips, Fleming, McCraw, Limehouse, Whipper, Felder, Cotty, Beck, Leach, Klauber, Seithel, Lanford, Bailey, Vaughn, Young-Brickell, Keegan, Kelley, Woodrum, Stille, Davenport, Young, Haskins, Rodgers, Edge, Law, Riser and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT.
Read the first time and referred to the Committee on Judiciary.
H. 5103 (Word version) -- Reps. Miller and T. Brown: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator PASSAILAIGUE, H. 5103 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 5117 (Word version) -- Reps. McGee, McKay and Young: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2253, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5129 (Word version) -- Reps. Whipper and Howard: A CONCURRENT RESOLUTION CONGRATULATING MRS. BESSIE BRANCH MURRAY OF RICHLAND COUNTY ON BEING SELECTED AS THE CHAPPELLE MEMORIAL AFRICAN METHODIST EPISCOPAL CHURCH'S MOTHER OF THE YEAR FOR 1998.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 1145 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-HALF MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 4453 (Word version) -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT ANY PERSON WHO BAITS, ASSISTS WITH BAITING, OR CAUSES TO HAVE BAITED A DOVE FIELD OVER WHICH ONE OR MORE PERSONS ARE CHARGED WITH ILLEGALLY SHOOTING DOVES OVER BAIT IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 4757 (Word version) -- Reps. Barfield, Battle, T. Brown, Davenport, Edge, Miller, Sharpe, Witherspoon, Mullen, Rhoad, Hamilton and J. Smith: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS, AND TO PROVIDE FOR CERTAIN EXTENSIONS OF AND EXCEPTIONS TO THIS CLOSURE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 4802 (Word version) -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 4886 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH "ARCHERY EQUIPMENT", "BOW AND ARROWS", AND "CROSSBOWS" MAY BE USED IN THE HUNTING AND TAKING OF CERTAIN GAME.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 4939 (Word version) -- Reps. Tripp, Wilkins, Haskins, McMahand and F. Smith: A JOINT RESOLUTION TO REQUIRE COLONIAL PIPELINE SETTLEMENT REVENUES TO BE CREDITED TO THE MITIGATION TRUST FUND FOR ENVIRONMENTAL CLEANUP OF THE REEDY RIVER.
Ordered for consideration tomorrow.
Columbia, S.C., May 7, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 22 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Very respectfully,
Speaker of the House
On motion of Senator McCONNELL, the Senate insisted upon its amendments to S. 22 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, COURTNEY and FORD of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 12, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Klauber, Young and Hawkins of the Committee of Conference on the part of the House on:
S. 22 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Very respectfully,
Speaker of the House
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 1219 (Word version) -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.
Senator LAND 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 LAND proposed the following amendment (1219R001.JCL), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof:
/ TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 3 of Act 375 of 1947 is amended to read:
"Section 3. The Clarendon Hospital District Board of Trustees may build, construct, establish, extend, maintain, lease, or operate a public hospital in the Clarendon Hospital District for the benefit of the public subject to the rules and regulations of the Clarendon Hospital District Board of Trustees and the provisions of this act and its amendments; purchase, convey, lease, and hold real estate, water rights, and property rights reasonably necessary in its judgment for carrying out the purposes of this act; purchase, lease, or acquire by gift or otherwise hospital equipment and make contracts reasonably promotive of achieving the purposes of this act so that the Clarendon Hospital District may be served by a public hospital. The Clarendon Hospital District Board of Trustees may contract with the federal government and its agencies and the State and its political subdivisions and pledge hospital revenues to assist in the accomplishment of the purposes of this act.
The Clarendon Hospital District Board of Trustees may build, construct, establish, extend, maintain, operate, or lease a hospital and operate related medical services including nursing homes, medical practices, pharmacies, wellness centers, home health services, and other facilities as may be determined by the Clarendon Hospital District Board of Trustees. It may purchase, convey, lease, and hold real estate and other property rights reasonably necessary in its judgment to carry out the purposes of this act. It may loan funds to physicians and other persons or institutions involved in providing medical care. It may purchase, lease, or acquire by gift, or otherwise, land, buildings, or equipment and execute notes, mortgages, and contracts reasonably promotive of the purpose of the acts so that the Clarendon Hospital District may be served by a public hospital and other related medical facilities. The Clarendon Hospital District Trustees may contract with the federal government and its agencies and the State and its political subdivisions. To assist in the accomplishment of the purposes of this act and in addition to all other powers and authority of the Clarendon Hospital District to incur debt as set forth elsewhere in this act, the Clarendon Hospital District may obtain loans from, and issue notes to, banks or other lending institutions or other governmental entities and secure such loans with a pledge of hospital revenues and assets, including mortgaging or granting security interests in real and personal property of the Clarendon Hospital District; provided, such loans:
(a) shall be authorized by a resolution of the board of trustees, without the necessity of obtaining consents or approvals from any other party or entity;
(b) shall be under such terms and conditions as established by the board of trustees; and
(c) shall not require a public bid from such banks or other lending institutions or other government entities."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar: H. 4569 (Word version) -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.
Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration, carrying over all amendments to third reading.
There was no objection.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 941 (Word version) -- Senators Courson, Wilson, Leatherman, Ryberg, Giese, Peeler, Russell, Thomas, Fair and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6 OF THE ARTICLE SO AS TO REQUIRE PROPERTY CLASSIFIED AS "ALL OTHER PERSONAL PROPERTY" TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS AND TO MAKE A CONFORMING AMENDMENT.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator PASSAILAIGUE spoke on the Joint Resolution.
Senator THOMAS raised a Point of Order that pursuant to the motion adopted on Wednesday, April 8, 1998, "the Senate would proceed to a consideration of S. 947 when either consideration on the General Appropriation Bill has been completed or a decision has been rendered by the Supreme Court, whichever event occurs first" and, therefore, S. 947 was the order of the day.
The PRESIDENT sustained the Point of Order.
Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not S. 941 would remain in the status of Interrupted Debate, with Senator PASSAILAIGUE retaining the floor.
The PRESIDENT stated that was correct.
THE SENATE PROCEEDED TO A CONSIDERATION OF S. 947.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator PASSAILAIGUE argued contra to the second reading of the Bill.
On motion of Senator J. VERNE SMITH, with unanimous consent, debate was adjourned on the Bill, with Senator PASSAILAIGUE retaining the floor.
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Clayton B. Kleckley of West Columbia, S.C.
At 12:55 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M.
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