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 the exhortation, long ago, of the Psalmist (122:6):

"Pray for the peace of Jerusalem:

They shall prosper that love thee."
Let us pray.

O God, our Father, we join with men, women, youth and little children in Cuba, in Israel, the Middle East, Russia, and around the whole world who are suffering in many forms trying to find a bit of peacefulness.

Our earnest prayer is that men and women of good will and sober judgment may prevail.

We thank You for all the good things that are happening in our good land and that You will be pleased to use us this day to be a blessing to the people of South Carolina... by the grace of the God that we love and has brought us all the way to this good day.
Amen

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

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

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

At-Large:

Carolyn McCoy Govan, 317 Marlboro Ave., Hartsville, S.C. 29550 VICE Edward B. Hart

Referred to the Committee on Education.

Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1999, and to expire June 30, 2003:

4th Congressional District:

James E. Talley, 482 South Irwin St., Spartanburg, S.C. 29303 VICE Frederick D. Hobby

Referred to the Committee on Judiciary.

Senator LAND introduced Dr. J. Hiott Capers of Sumter, S.C., Doctor of the Day.

Senator WILSON rose for an Expression of Personal Interest.

Senator RAVENEL rose for an Expression of Personal Interest.

S. 1055 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-25 SO AS TO ESTABLISH LAWFUL CATCH LIMITS FOR BASS AND OTHER FISH, TO ESTABLISH A MINIMUM SIZE LIMIT FOR BASS, AND TO RESTRICT THE USE OF FISHING DEVICES FOR SLADE'S LAKE IN EDGEFIELD COUNTY.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

Senator MOORE asked unanimous consent to place the Bill on the Calendar.

H. 4523 (Word version) -- Reps. Stille, Townsend and Carnell: 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 32 SO AS TO PROVIDE FOR THE ISSUANCE OF AND A TWENTY-DOLLAR FEE FOR TEMPORARY LICENSE PLATES AND REGISTRATION CARDS TO MANUFACTURERS OF TRAILERS AND SEMI-TRAILERS WHO IN TURN MAY ISSUE THEM FOR TRAILERS AND SEMI-TRAILERS BEING MOVED FROM THE MANUFACTURER'S PLACE OF BUSINESS TO A DEALER OR PURCHASER'S PLACE OF BUSINESS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS ARTICLE.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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

There was no objection.

Senator DRUMMOND asked unanimous consent to give the Bill a second reading today and a third reading tomorrow.

On motion of Senator DRUMMOND, with unanimous consent, H. 4523 was ordered to receive a third reading on Friday, February 11, 2000.

The following were introduced:

S. 1138 (Word version) -- Senators McConnell, Ravenel and Passailaigue: A CONCURRENT RESOLUTION DECLARING THURSDAY, FEBRUARY 17, 2000, AS "HUNLEY DAY" IN SOUTH CAROLINA.
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On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1139 (Word version) -- Senator Land: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO IMMEDIATELY MAKE DETERMINATIONS REGARDING CLAIMS CURRENTLY PENDING AGAINST THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND AND THE WAREHOUSE RECEIPTS GUARANTY FUND FOR LOSSES INCURRED IN THE MATTER OF SOUTHERN SOYA CORPORATION; AND TO FURTHER PROVIDE CONSIDERATIONS APPLICABLE TO THE PROCESSING OF CLAIMS.
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Senator LAND spoke on the Resolution.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1140 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
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Read the first time and referred to the Committee on Education.

S. 1141 (Word version) -- Senator Setzler: A BILL TO AMEND SECTIONS 59-18-120, 59-18-370, 59-18-900, 59-18-930, 59-18-1500, AND 59-18-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, DISSEMINATION OF RESULTS, ANNUAL SCHOOL REPORT CARDS AND PROGRAMS FOR SCHOOLS RATED UNSATISFACTORY FOR PURPOSES OF THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO PROVIDE THAT HIGH SCHOOL IMPROVEMENT RATINGS MUST BE BASED ON A COMBINATION OF LONGITUDINAL DATA WHERE AVAILABLE IN COMBINATION WITH APPROPRIATE COMPARISONS OF COHORTS OF STUDENTS AND TO MAKE A CONFORMING AMENDMENT TO THIS REVISED DEFINITION, TO PROVIDE FOR SPECIAL CRITERIA FOR PERFORMANCE RATINGS FOR SCHOOLS INCLUDING KINDERGARTEN THROUGH GRADES TWO, AND SPECIAL SCHOOLS AND FOR DUAL REPORT CARDS FOR SCHOOLS ENROLLING STUDENTS ACROSS TYPICAL ORGANIZATIONAL LEVELS, TO CLARIFY THE REQUIREMENTS FOR NEWSPAPERS IN WHICH REPORT CARDS MUST BE PUBLISHED, AND TO CLARIFY THAT THE PROVISIONS APPLICABLE TO THE APPOINTMENT OF AN EXTERNAL REVIEW COMMITTEE FOR A DISTRICT RECEIVING A BELOW AVERAGE RATING ALSO EXTENDS TO A DISTRICT WITH AN UNSATISFACTORY RATING.
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Read the first time and referred to the Committee on Education.

S. 1142 (Word version) -- Senators Branton, Ravenel, Grooms, Waldrep, McConnell, Peeler, Anderson, Ryberg and Bauer: A BILL TO AMEND SECTION 12-6-1170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM FIFTEEN THOUSAND DOLLARS TO SEVENTEEN THOUSAND DOLLARS.
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Read the first time and referred to the Committee on Finance.

S. 1143 (Word version) -- Senators Land, Passailaigue, Ford, Mescher, Washington and Bryan: A BILL TO AMEND SECTION 4-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL OPTION REVENUES FOR TRANSPORTATION FACILITIES, SO AS TO PROVIDE FOR A LOCAL OPTION SALES AND USE TAX IN AN AMOUNT UP TO AND INCLUDING ONE PERCENT, TO ALLOW REVENUE FROM THE TAX TO BE USED ALSO FOR MASS TRANSIT SYSTEMS AND FOR GREENBELTS, AND TO DELETE OUTDATED REFERENCES.
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Read the first time and referred to the Committee on Finance.

S. 1144 (Word version) -- Senators Courtney, Saleeby and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 42, SO AS TO ENACT THE "WORKERS' COMPENSATION SELF-INSURANCE GUARANTY FUND ACT".
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Read the first time and referred to the Committee on Judiciary.

S. 1145 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.
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Read the first time and referred to the Committee on Judiciary.

S. 1146 (Word version) -- Senators Branton, Ravenel, Leatherman, Russell, Grooms, McConnell, Peeler, Waldrep and Bauer: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THE JURISDICTIONAL AMOUNT FROM FIVE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS EFFECTIVE JULY 1, 2000.
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Read the first time and referred to the Committee on Judiciary.

S. 1147 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO TAKE NECESSARY STEPS TO EFFECT FORMAL RECOGNITION OF THE FOUR HOLES INDIAN ORGANIZATION EDISTO TRIBAL COUNCIL AND THE EASTERN CHEROKEE, SOUTHERN IROQUOIS, AND UNITED TRIBES OF SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 1148 (Word version) -- Senators Passailaigue, Ravenel, Land, McGill, Ford, J. Verne Smith, Leventis, McConnell, Reese, Mescher, O'Dell, Short, Setzler, Washington and Hutto: A SENATE RESOLUTION TO COMMEND THE BACCALAUREATE PROGRAMS IN NATURAL SCIENCES AT THE COLLEGE OF CHARLESTON FOR THEIR OUTSTANDING ACHIEVEMENT IN ACADEMIC EXCELLENCE.
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Senator PASSAILAIGUE spoke on the Resolution.

The Senate Resolution was adopted.

S. 1149 (Word version) -- Senators Matthews, Patterson, Anderson, Glover and Washington: A CONCURRENT RESOLUTION INVITING THE UNITED STATES SURGEON GENERAL AND ASSISTANT SECRETARY FOR HEALTH, THE CHIEF HEALTH OFFICIAL FOR THE COUNTRY, THE HONORABLE DAVID SATCHER, M.D., PH.D. TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON TUESDAY, MARCH 7, 2000.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 1150 (Word version) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT AT THE DISCRETION OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, UP TO FIVE SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE CHESTER COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000, WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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Read the first time and referred to the Committee on Education.

H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.

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

H. 4304 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 40-57-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, SO AS TO CLARIFY CERTAIN CIRCUMSTANCES UNDER WHICH A TRUST ACCOUNT MUST BE ESTABLISHED AND MAINTAINED.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4546 (Word version) -- Reps. Harvin and M. McLeod: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED IN SEPTEMBER, 1999, AND UP TO TWO SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4549 (Word version) -- Reps. Hayes and M. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF THE THREE DILLON COUNTY SCHOOL DISTRICTS DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4551 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24 AND 25, 2000, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND THE SCHOOL DAY OF JANUARY 26, 2000, BY THE STUDENTS OF ALMA ELEMENTARY SCHOOL IN CHEROKEE COUNTY DUE TO A LACK OF ELECTRICITY FOR SCHOOL YEAR 1999-2000 ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4579 (Word version) -- Reps. Sharpe, Altman, Allison, Barrett, Battle, Cotty, Davenport, Emory, Inabinett, Kirsh, Leach, Littlejohn, Lucas, McCraw, M. McLeod, Miller, Moody-Lawrence, J.H. Neal, Rhoad, D. Smith, Vaughn, Walker, Webb, Wilkes and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR FFA ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 19-26, 2000.

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

At 11:17 A.M., Senator LAND assumed the Chair.

Senator COURSON from the Committee on Invitations polled out H. 4510 favorable:

H. 4510 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 1, 2000.

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

Ordered for consideration tomorrow.

S. 1128 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE WARDLAW ACADEMY "PATRIOTS" FOOTBALL TEAM OF EDGEFIELD COUNTY ON CAPTURING THE 1999 SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISA) CLASS A STATE CHAMPIONSHIP TITLE.

Returned with concurrence.

Received as information.

S. 956 (Word version) -- Senators Setzler, Elliott, Wilson, Branton, Reese, Alexander and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-755 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO DEVISE AND IMPLEMENT A PLAN REVISING THE PRESCRIPTION DRUG BENEFIT FOR STATE HEALTH INSURANCE PLAN MEMBERS FROM THE REIMBURSEMENT METHOD TO A COPAYMENT METHOD, TO PROVIDE THAT THE COPAYMENT ON A GENERIC PRESCRIPTION DRUG IS FIVE DOLLARS AND ON A NONGENERIC PRESCRIPTION DRUG IS TWENTY DOLLARS, AND TO TREAT AS A GENERIC PRESCRIPTION DRUG FOR COPAYMENT PURPOSES A NONGENERIC PRESCRIPTION DRUG THAT IS NOT AVAILABLE IN GENERIC FORM OR THAT IS CERTIFIED BY THE PRESCRIBING DOCTOR TO BE MORE EFFECTIVE THAN IN THE GENERIC FORM.

On motion of Senators COURSON and GIESE, with unanimous consent, the names of Senator COURSON and GIESE were added as co-sponsors of the Bill.

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

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. 3455 (Word version) -- Reps. Lloyd, Clyburn, Parks, J. Hines, Scott, Bales, Taylor, Rutherford and M. Hines: A BILL TO AMEND SECTION 56-1-3350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO REVISE THE AGE OF A PERSON WHO MAY APPLY FOR A SPECIAL IDENTIFICATION CARD.

At 11:50 A.M., Senator MOORE assumed the Chair.

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 131 (Word version) -- Senators Passailaigue, Russell, Hutto and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Senator PASSAILAIGUE explained the Bill.

S. 456 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN EQUIPMENT THAT MUST BE MAINTAINED ON A MOTORCYCLE, SO AS TO DELETE THE PROVISION THAT REGULATES THE HEIGHT OF MOTORCYCLE HANDLEBARS.

S. 1121 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 25-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE PRISONER OF WAR COMMISSION, SO AS TO REDUCE THE NUMBER OF REQUIRED MEETINGS FROM THREE TO TWO YEARLY.

S. 1053 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.

By prior motion of Senator DRUMMOND, with unanimous consent

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

S. 755 (Word version) -- Senator Bryan: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES, AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 44-11-10, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A MENTAL HEALTH FACILITY; TO AMEND SECTION 44-15-50, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 44-15-80, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 44-17-410, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-540, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS REQUIRED; TO AMEND SECTION 44-17-580, RELATING TO HOSPITALIZATION FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE FOR THE DISMISSAL OF PROCEEDINGS WHEN A PERSON IS NOT IN NEED OF INVOLUNTARY TREATMENT; TO AMEND SECTION 44-22-150, RELATING TO THE RESTRAINT, SECLUSION, OR PHYSICAL COERCION OF PATIENTS RESIDING IN MENTAL HEALTH OR ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO DEFINE RESTRAINT; TO AMEND SECTION 44-23-1100, RELATING TO THE DISCLOSURE OF INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF INFORMATION PURSUANT TO SECTION 44-22-100; AND TO REPEAL SECTION 44-23-50.

Senator BRYAN asked unanimous consent to carry over all amendments to third reading.

H. 3786 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CONDUCTING A PARTY PRIMARY AND THE CERTIFICATION OF CANDIDATES PLACED ON PRIMARY BALLOTS, SO AS TO REQUIRE CANDIDATES TO BE CERTIFIED IN WRITING, ADD SATURDAY TO SUNDAY AS A DEADLINE FOR CERTIFICATION WHICH WOULD BE MOVED TO THE FOLLOWING MONDAY IF IT FELL ON THOSE DAYS, REQUIRE THE WRITTEN CERTIFICATION TO VERIFY THE QUALIFICATIONS OF A CANDIDATE, REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE EACH PARTY WITH AN AFFIDAVIT WHICH MUST BE USED TO CERTIFY A CANDIDATE, AND PROVIDE A PENALTY FOR FAILURE TO FILE OR FOR KNOWINGLY FALSIFYING AN AFFIDAVIT.

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 (JUD3786.001), 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 7-11-15 of the 1976 Code is amended to read:

"Section 7-11-15.   In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy between noon on March sixteenth and noon on March thirtieth as provided in this section.

(1)   Candidates seeking nomination for a statewide, congressional, or district office which that includes more than one county shall file their statements of intention of candidacy with the State Executive Committee of their respective party.

(2)   Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit them along with the applicable filing fees to the respective State Executive Committees. Provided, however, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The State Executive Committees must certify candidates pursuant to Section 7-13-40.

(3)   Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party.

Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The State Executive Committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if the candidate's statement of intention of candidacy has not been filed with the county election commission or State Election Commission, as the case may be, by the deadline. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy.

The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.

If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.

The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."

SECTION   2.   Section 7-11-210 of the 1976 Code is amended to read:

"Section 7-11-210.     Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election or political party convention, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on March thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: "I hereby file my notice as a candidate for the nomination as __________ in the primary election or convention to be held on __________. I affiliate with the __________ Party, and I hereby pledge myself to abide by the results of the primary or convention. I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election. I hereby affirm that I meet, or will meet by the time of the general or special election, or as otherwise required by law, the qualifications for this office'.

Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall file with and place in the possession of the county chairman or other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge.

The notice of candidacy required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of the county chairman or other officer as may be named by the county committee with whom the candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in behalf of a candidate shall not be valid.

In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order."

SECTION   3.   Section 7-13-40 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:

"Section 7-13-40.   In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written Certification certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."

SECTION   4.   Section 7-13-320 of the 1976 Code, is amended by adding an appropriately numbered subsection to read:

"( )   Each county election commission must provide a copy of each ballot style to be used for primary, general, and special elections in the absentee precinct in the county to the Executive Director of the State Election Commission not later than September fifteenth in the case of general elections, and not later than forty days prior to the date of the election in the case of special and primary elections. If the ballot styles are not available by these deadlines, the executive director must determine when absentee ballots for that county will be available. If a determination is made that absentee ballots will not be available in sufficient time to adequately effectuate absentee voting, the executive director is empowered to direct the county board of voter registration to provide the blank ballots provided by Section 7-15-360 until the regular ballots are available. The executive director must also notify the chairman of the county's legislative delegation of his findings and the action taken."

SECTION   5.   Section 7-13-330 of the 1976 Code is amended to read:

"Section 7-13-330.   The arrangement of general election ballots containing the names of candidates for office shall must conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and shall must contain the specified instructions there set forth and no other:

GENERAL ELECTION OFFICIAL BALLOT

No. ______ ____________ COUNTY, SOUTH CAROLINA

November ____, 19____

____________

Initials of Issuing Officer

OFFICIAL BALLOT
GENERAL ELECTION

___________________ County, South Carolina

November ____, 19____
Precinct __________

INSTRUCTIONS--To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote a mixed ticket, or in other words for candidates of different parties or petition candidates, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square [ ] opposite the name of each candidate on the ballot for whom you wish to vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside of the ballot.

-------------------------------------------------------------------------------

Name of Party Name of Party Petition
Names of Office 0 0 0

-------------------------------------------------------------------------------

STATE Governor Governor Governor

Governor [ ] Name of [ ] Name of [ ] Name of

Candidate Candidate Candidate

-------------------------------------------------------------------------------
Lieutenant Lieut. Governor Lieut. Governor Lieut. Governor

Governor [ ] Name of [ ] Name of [ ] Name of

Candidate Candidate Candidate

-------------------------------------------------------------------------------
Secretary of Sec. of State Sec. of State Sec. of State
State     [ ] Name of [ ] Name of [ ] Name of

  Candidate Candidate Candidate

-------------------------------------------------------------------------------
CONGRES- U.S. Senator U.S. Senator U.S. Senator
SIONAL   [ ] Name of [ ] Name of [ ] Name of

Senator Candidate Candidate Candidate

-------------------------------------------------------------------------------
Representative U.S. Repre- U.S. Repre- U.S. Repre-
in Congress sentative sentative sentative

  [ ] Name of [ ] Name of [ ] Name of
District   Candidate Candidate Candidate

------------------------------------------------------------------------------ "

SECTION   6.   Section 7-13-350 of the 1976 Code, as last amended by Act. 412 of 1998, is further amended to read:

"Section 7-13-350.   The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission under this title for one or more of the offices, national, state, circuit, multi-county district, countywide, less than countywide, or municipal to be voted on in the general election, held on the first Tuesday following the first Monday in November, must be placed upon the appropriate ballot for the election as candidates nominated by the party by the authority charged by law with preparing the ballot if the names of the nominees are certified, in writing, by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on September first August fifteenth or, if September first August fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday; and for a special or municipal general election, by at least twelve o'clock noon on the forty-fifth sixtieth day prior to the date of holding the election, or if the forty-fifth sixtieth day falls on Sunday, by twelve o'clock noon on the following Monday. Political parties nominating candidates by primary or convention must verify the qualifications of those candidates prior to certification to the authority charged by law with preparing the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which he has filed. Any candidate who does not, or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which he has filed shall not be nominated and certified, and such candidate's name shall not be placed on a general, special, or municipal election ballot."

SECTION   7.   Section 7-13-351 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:

"Section 7-13-351.   Any nominee by petition for one or more of the offices, national, state, circuit, multi-county district, countywide, or less than countywide offices, to be voted on in the general election must be placed upon the appropriate ballot by the officer, commissioners, or other authority charged by law with preparing the ballot if the petition is submitted to the officer, commissioner, or other authority, as the case may be, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August first July fifteenth or, if August first July fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday. At the time the petition is submitted, the authority charged with accepting it shall issue a receipt to the person submitting the petition which shall must reflect the date it was submitted and the total number of signatures contained therein in the petition. The board of voter registration of each respective county shall must check the petition at the request of the authority charged with printing the ballot for that office and shall must certify the results to the authority not later than twelve o'clock noon September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday.

The petition of any candidate in any special election, including municipal special elections, must be submitted to the authority charged with printing the ballot for those offices not later than twelve o'clock noon, on the sixtieth day prior to the date of the holding of the election, or if the sixtieth day falls on Sunday, by not later than twelve o'clock noon on the following Monday. At the time a petition is submitted, the authority charged with accepting it must issue a receipt to the person submitting the petition which must reflect the date it the petition was submitted and the total number of signatures contained therein in the petition. The candidate submitting the petition must certify, on a form designed and provided by the State Election Commission, that he meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. The board of voter registration of each respective county must check the petition at the request of the authority charged with printing of the ballots for that office and must certify the results thereof to the authority not later than twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday.

Once submitted for verification, a petition for nomination of a candidate for any office may not be returned to the petitioner, but must be retained by the authority to whom the petition was submitted and must become a part of the records of the election for which it the petition was submitted.

In the event of an emergency declared by the Governor and the conditions precipitating the emergency declaration prevent a candidate from filing the nominating petition within the time required by this section, the candidate has an additional five days to submit the nominating petition to the appropriate office.

The authority to whom a petition is submitted must verify that qualifications of each potential petition candidate prior to certification of that candidate to be placed on the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which the petition is submitted. Any candidate who does not, or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office sought shall not have his name placed on the ballot."

SECTION   8.   Section 7-13-352 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:

"Section 7-13-352.     Any candidate for a nonpartisan office, multi-county district, countywide, or less than countywide, including municipal offices, to be voted on at the time of the general election, who qualifies by statement of candidacy shall file the statement of candidacy with the authority responsible by law for conducting the election not later than twelve o'clock noon on September first August fifteenth or, if September first August fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Each candidate must affirm, in writing, that he meets, or will meet by the time of the election, or as otherwise required by law, the qualifications for the office sought. The authority with whom statements of candidacy are filed must verify that each candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. Any candidate who does not, or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office sought shall not have his name placed on the ballot."

SECTION   9.   Section 7-13-355 of the 1976 Code is amended to read:

"Section 7-13-355.   No question may be submitted to the qualified electors in a referendum held at the time of a general election unless the question is submitted to the appropriate election commission to be placed on the ballot no later than 12:00 noon on September first August fifteenth or, if September first August fifteenth falls on Saturday or Sunday, not later than 12:00 noon on the following business day."

SECTION   10.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

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

At 12:09 P.M., Senator SETZLER assumed the Chair.

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

S. 1087 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 44-77-50, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO DECLARATION OF DESIRE FOR A NATURAL DEATH, SO AS TO CLARIFY THAT A PERSON WHO HAS EXECUTED A DECLARATION OF DESIRE FOR A NATURAL DEATH MAY RECEIVE MEDICATION FOR THE ALLEVIATION OF PAIN.

Senator WALDREP explained the Bill.

S. 673 (Word version) -- Senator Glover: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REAUTHORIZE THE RYAN WHITE CARE ACT AS A SOURCE OF FUNDING FOR PREVENTION, TREATMENT, AND HIV AND AIDS-RELATED OUTREACH SERVICES.

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

S. 688 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 23, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DROUGHT RESPONSE ACT OF 1985, SO AS TO REVISE THE DROUGHT INDICES, TO REVISE REQUIREMENTS FOR PROVIDING NOTICE OF A DROUGHT TO THE MEDIA, TO REVISE APPOINTMENT PROCEDURES FOR MEMBERS APPOINTED TO LOCAL COMMITTEES IN EACH DROUGHT MANAGEMENT AREA, TO PROVIDE FOR CURTAILMENT OF WATER WITHDRAWALS, AND TO REVISE STANDARDS TO BE USED TO EVALUATE WHICH WATER WITHDRAWALS MUST BE CURTAILED.

Senator LEVENTIS explained the Bill.

On motion of Senator GIESE, with unanimous consent, the Bill was carried over.

H. 3804 (Word version) -- Reps. Knotts, Whatley, Seithel, Koon, McGee, Wilkins, Harrison, Allison, Altman, Askins, Bales, Barrett, Battle, Bauer, Beck, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Gilham, Gourdine, Hamilton, Haskins, Hawkins, Hinson, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mason, McCraw, M. McLeod, Meacham-Richardson, Miller, J.H. Neal, Neilson, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilder, Woodrum and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEAPONS, BY ADDING ARTICLE 7 SO AS TO PROVIDE DEFINITIONS RELATING TO BOMBS AND WEAPONS OF MASS DESTRUCTION, TO PROHIBIT MANUFACTURE, TRANSPORTATION, POSSESSION, OR USE OF BOMBS AND WEAPONS OF MASS DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Senator WILSON proposed the following amendment (JUD3804.002):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/   SECTION   ___.   If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.     /

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/   SECTION   ___.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO asked unanimous consent to carry the Bill over.

There was no objection.

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 WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (S-CLERK0544.04.CBH) proposed by Senator HUTTO and previously printed in the Journal of February 1, 2000.

On motion of Senator HAYES, with unanimous consent, the Bill was carried over.

Debate was interrupted with Senator HAYES retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT, IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.

Senator McCONNELL asked unanimous consent to make a motion that the Bill be made a Special Order.

Senator RYBERG objected.

The Senate proceeded to a vote.

The Bill was made a Special Order.

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. James L. Simpson of Rock Hill, S.C.

Senator DRUMMOND moved that, when the Senate adjourns on Friday, February 11, 2000, it stand adjourned to meet next Tuesday, February 15, 2000, at 12:00 Noon, which motion was adopted.

At 12:18 P.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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