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 a tantalizing rendering in The New Revised Version of John 7:10:
"But after his brothers had gone to the festival, then he also went,
not publicly but as it were in secret."
Let us pray.
Come, dear Lord, come quickly! Come, publicly or secretly! But come! In our caucus consultations, our committees, on the floor... publicly or secretly!
As the old hymn-writer sang,
"I need Thee every hour... temptations lose their power...
when Thou art near."
Upon the altar of public trust we lay our talents, our souls, our minds and our bodies in the service of all Your children.
Let us not be too surprised or unprepared for the miracle of Your grace in the affairs of nations, when, suddenly, we come to better and happier times.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator MOORE, at 11:00 A.M., Senator HOLLAND was granted a leave of absence for today.
On motion of Senator GLOVER, at 11:20 A.M., Senator FORD was granted a leave of absence until 2:30 P.M.
At 12:34 P.M., Senator WALDREP requested a leave of absence until 1:30 P.M.
The following were introduced:
S. 1180 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 59-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE CHAIRMAN AND CLERK OF A SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE APPROVED MINUTES OF EACH MEETING OF THE BOARD BE POSTED ON THE DISTRICT'S INTERNET WEBSITE, IF THE DISTRICT MAINTAINS A SITE, AND TO PROVIDE TIME FRAMES FOR THIS POSTING, TO PROVIDE THAT NOTICE OF MEETINGS OF THE SCHOOL BOARD BE PUBLISHED IN A LOCAL NEWSPAPER OF GENERAL CIRCULATION AND POSTED ON THE DISTRICT'S INTERNET WEBSITE, IF THE DISTRICT MAINTAINS A SITE, TO PROVIDE THAT NOTICE INCLUDES DATE, TIME, PLACE, AND AGENDA OF THE MEETING, AND TO PROVIDE THAT THE BOARD'S ANNUAL REPORT TO THE CITIZENS OF THE DISTRICT INCLUDES A LIST OF THE MEETINGS HELD IN THE PREVIOUS YEAR, AND THE AGENDA AND APPROVED MINUTES OF EACH MEETING.
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Read the first time and referred to the Committee on Education.
S. 1181 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 19, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS, BY ADDING SECTION 59-19-350, SO AS TO AUTHORIZE EACH SCHOOL BOARD TO ESTABLISH A PROGRAM PERMITTING LEGAL RESIDENTS OF SOUTH CAROLINA AND THE DISTRICT WHO HAVE ATTAINED SIXTY YEARS OF AGE TO ATTEND HIGH SCHOOL CLASSES ON A SPACE AVAILABLE BASIS, TO PROVIDE FOR THE PAYMENT OF MATERIALS COSTS, AND TO PROVIDE THAT THE BOARD SHALL DEVELOP A POLICY TO INCORPORATE THE SENIOR CITIZENS ATTENDING HIGH SCHOOL CLASSES AND VOCATIONAL CLASSES INTO ITS MENTORING PROGRAMS, WHEN APPROPRIATE.
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Read the first time and referred to the Committee on Education.
S. 1182 (Word version) -- Senators Drummond, Reese, Passailaigue and Mescher: A BILL TO AMEND SECTION 12-6-3510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF INVESTMENTS MADE IN A QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND A MOTION PICTURE PRODUCTION FACILITY OR POST-PRODUCTION FACILITY, SO AS TO ELIMINATE THE FIFTEEN THOUSAND DOLLAR LIMIT ON THE CREDIT FOR ONE QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND TO INCREASE THE CARRY-FORWARD ON THESE CREDITS FROM FIVE TO FIFTEEN YEARS, TO CLARIFY THE ENTITIES ELIGIBLE FOR THESE CREDITS, TO PROVIDE WHEN THE CREDIT IS EARNED AND FOR RECOVERY OF UNEARNED CREDITS, TO CLARIFY WHAT CONSTITUTES "INVESTMENT" ELIGIBLE FOR THE CREDIT, AND TO CLARIFY AND MAKE MORE SPECIFIC DEFINITIONS RELATING TO THESE CREDITS.
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Read the first time and referred to the Committee on Finance.
S. 1183 (Word version) -- Senators Peeler, Fair and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-15, SO AS TO PROVIDE THAT FOR ALL PURPOSES OF STATE LAW THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY IS A STATE AGENCY AND TO PROVIDE A NONDISPOSITIVE LISTING OF THOSE LAWS APPLICABLE TO THE AUTHORITY AS A RESULT, AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO THE EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO DELETE THE EXEMPTION FOR THE PUBLIC SERVICE AUTHORITY.
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Senator PEELER spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1184 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL ELECTIONS CONDUCTED BY MUNICIPAL ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE CHAIRMAN OF EACH COMMISSION MUST BE
Read the first time and referred to the Committee on Judiciary.
S. 1185 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 30-4-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES, SO AS TO REQUIRE PUBLIC BODIES WHICH MAINTAIN INTERNET WEBSITES TO POST THE NOTICE OF THE REGULAR, CALLED, SPECIAL, OR RESCHEDULED MEETINGS ON THE SITE AND TO PROVIDE TIME FRAMES; AND TO AMEND SECTION 30-4-90, RELATING TO MINUTES OF MEETINGS OF PUBLIC BODIES, SO AS TO REQUIRE PUBLIC BODIES WHICH MAINTAIN INTERNET WEBSITES TO POST THE MINUTES WITHIN FIVE DAYS AFTER THEY ARE ADOPTED AND TO KEEP THE MINUTES ON THE SITE FOR THE NEXT THIRTY DAYS.
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Read the first time and referred to the Committee on Judiciary.
S. 1186 (Word version) -- Senators Matthews and Hutto: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator MATTHEWS, with unanimous consent, S.1186 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1187 (Word version) -- Senator Peeler: A BILL TO PROVIDE THAT ON OR BEFORE JANUARY 1, 2001, THE STATE BUDGET AND CONTROL BOARD SHALL ISSUE A REQUEST FOR PROPOSALS (RFP) SOLICITING BIDS FOR THE PURCHASE OF
Read the first time and referred to the Committee on Judiciary.
H. 4311 (Word version) -- Reps. Sandifer and Emory: A BILL TO AMEND SECTIONS 36-9-301 AND 36-9-312, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN COLLATERAL OTHER THAN INVENTORY, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.
Read the first time and referred to the Committee on Judiciary.
H. 4337 (Word version) -- Reps. Wilkins, Quinn, Cato, Haskins, Loftis, Tripp, Vaughn, Riser, Easterday, Hamilton and Rice: A BILL TO AMEND
Read the first time and referred to the Committee on Judiciary.
H. 4644 (Word version) -- Reps. Lucas, Harris, Jennings and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL, SO AS TO PROVIDE FOR SIX LOCAL EDUCATION ADVISORY COUNCILS FOR THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO PROVIDE FOR THE MEMBERSHIP OF THE COUNCILS AND ELECTION PROCEDURES FOR SUCH MEMBERS.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 4649 (Word version) -- Reps. Harris, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT UP TO SIX SCHOOL DAYS MISSED IN JANUARY AND FEBRUARY, 2000, BY THE STUDENTS OR TEACHERS, OR BOTH, OF ANY SCHOOL OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO CONDITIONS CAUSED BY ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS
Read the first time and referred to the Committee on Education.
Senator MOORE from the Committee on Medical Affairs polled out S. 1062 favorable with amendment:
S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.
AYES
Moore J. Verne Smith Peeler Bryan Courson Giese Thomas Hayes Jackson Alexander Fair Hutto Anderson Branton Grooms Ravenel
Short Bauer
Ordered for consideration tomorrow.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4442 (Word version) -- Reps. Cato and Tripp: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.
Senator McCONNELL explained the Bill.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 1178 (Word version) -- Senators Patterson, Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-17, SO AS TO EXTEND ELIGIBILITY FOR STATE EMPLOYEE BENEFITS TO TEMPORARY STATE EMPLOYEES, TO REQUIRE TEMPORARY EMPLOYEES TO MEET THE SAME ELIGIBILITY REQUIREMENTS APPLICABLE TO PERMANENT
H. 4635 (Word version) -- Reps. Webb, Rice, Robinson and Trotter: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
On motion of Senator MARTIN, H. 4635 was ordered to receive a third reading on Friday, February 25, 2000.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Ravenel, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 26 (544R013.ELP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION _____. The 1976 Code is amended by adding:
"Section 56-5-2941. In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, the court may require such person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle during the time required by the court.
If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945." /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senators LAND, PASSAILAIGUE and McCONNELL proposed the following Amendment No. 27 (544R012.JCL):
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/ SECTION ______. The 1976 Code is amended by adding:
"Notwithstanding any other provision of law, all fines collected pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2944, for driving under the influence of alcohol or any other substance offenses pursusant to Sections must be placed in the Personal Property Tax Relief Fund established in Section 12-37-2735 and used to reduce the ad valorem tax on personal motor vehicles." /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Drummond Fair Giese Hayes Jackson Leventis Martin Richardson Smith, J. Verne Thomas Waldrep Wilson
Anderson Bauer Branton Courson Elliott Ford * Glover Grooms Hutto Land Leatherman Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin *
Ravenel Reese Ryberg Setzler Short
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Our respective "no" votes on Amendment No. 27 were based on the fact that the amendment would have de-funded the very court that must enforce and judge the "per se" law if it passes. Refunding car tax should be done, but not on this Bill. Additionally, we believe that, if Amendment No. 27 passes, it will kill the Bill.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senators MARTIN and DRUMMOND argued contra to the adoption of the amendment and Senator PASSAILAIGUE argued in favor.
Senators LAND and McCONNELL argued in favor of the adoption of the amendment.
On motion of Senator RAVENEL, with unanimous consent, the name of Senator RAVENEL was removed as a co-sponsor of S. 544.
Senator McCONNELL continued arguing in favor of the adoption of the amendment.
On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, with Senator McCONNELL retaining the floor.
On behalf of the PRESIDENT Pro Tempore, Senator PATTERSON, and the entire membership of the Senate, Senator COURSON moved, with unanimous consent, that the Senate stand adjourned out of respect to the memory of Mrs. Blanche Belin Smith of Pamplico, S.C., the dear mother of our esteemed and beloved colleague, Mrs. Betty Smith Graham.
Senator MOORE moved that, when the Senate adjourns on Friday, February 25, 2000, it stand adjourned to meet next Tuesday, February 29, 2000, at 12:00 Noon, which motion was adopted.
At 1:16 P.M., on motion of Senator MOORE, 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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