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 St. Paul in his great spiritual exhortation to the Ephesians (6:16):

"Last of all I want to remind you that your strength must come from

the Lord's mighty power within you. Put on all of God's armor so

that you will be able to stand safe against all strategies and tricks of

Satan."
Let us pray.

Our Father, we notice that St. Paul, in listing the equipment of the Lord's warrior, does not provide any protection for the back. This leads us to believe that we should not retreat from our daily fight against the 'wiles of the devil.'

Against our enemy of discouragement, indecisiveness, impatience and frustration, re-equip our quiver with arrows of spiritual strength.

Against the enemy of anxiety that eats away at the hearts of some of us, give us the balm of brotherhood!

Thank You, Lord!
Amen.

Senator PEELER moved that the Senate stand adjourned.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Peeler

Alexander                 Bauer                     Branton
Bryan                     Drummond                  Fair
Giese                     Grooms                    Hayes
Hutto                     Leventis                  Martin
McConnell                 Mescher *                 Moore
O'Dell                    Passailaigue              Ravenel
Richardson                Ryberg                    Setzler
Thomas                    Waldrep                   Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Senate refused to adjourn.

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 Commission on Consumer Affairs, with term to commence September 30, 1999, and to expire September 30, 2003:

At-Large:

William Chester Cross, 5 The Summit Paris Mountain, Greenville, S.C. 29609 VICE Gregory J. English

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 1, 1996, and to expire September 1, 2000:

At-Large:

Steven Michael Calcutt, 1841 Brigadoone Lane, Florence, S.C. 29505 VICE William Patrick Flack (resigned)

Referred to the Committee on Banking and Insurance.

Reappointment, South Carolina Commission on Consumer Affairs, with term to commence September 1, 2000, and to expire September 1, 2004:

At-Large:

Steven Michael Calcutt, 1841 Brigadoone Lane, Florence, S.C. 29505

Referred to the Committee on Banking and Insurance.

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

1st Congressional District:

Harold M. Rhodes, III, 18 Shadowmoss Parkway, Charleston, S.C. 29414 VICE Darrell W. Givens

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2000, and to expire June 30, 2005:

At-Large:

Flynn Thomas Harrell, 3605 Old Lamplighters Road, Columbia, S.C. 29206 VICE Richard Kent Porth

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Real Estate Appraisers Board, with term to commence May 30, 1999, and to expire May 30, 2002:

Appraiser - General:

Carlton H. Segars, Jr., Segars and Assoc., 1713 Bradley Dr., Columbia, S.C. 29204 VICE Lamar Mason

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 1998, and to expire June 30, 2002:

5th Congressional District:

Derrick G. Williams, Post Office Box 977, Lancaster, S.C. 29721

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2000, and to expire June 30, 2004:

2nd Congressional District:

Alicia K. Harvey, 3605 Greenleaf Road, Columbia, S.C. 29206 VICE Melvin L. Burton, Jr.

Referred to the Committee on Medical Affairs.

Senator LEVENTIS introduced Dr. Michael K. Drakeford of Sumter, S.C., Doctor of the Day.

Document No. 2499
Agency: Department of Health and Environmental Control
SUBJECT: Solid Waste Management: Demonstration-of-Need
Received by Lt. Governor February 10, 2000
Referred to Medical Affairs Committee
120 day review expiration date June 9, 2000

On motion of Senator GROOMS, at 12:10 P.M., Senator MESCHER was granted a leave of absence until Friday.

S. 836 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 128 SO AS TO MAKE IT UNLAWFUL TO SELL OVER-THE-COUNTER WEIGHT LOSS PILLS OR DISTRIBUTE SAMPLES OF SUCH PILLS TO AN INDIVIDUAL UNDER THE AGE OF TWENTY-ONE YEARS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

On motion of Senator GIESE, with unanimous consent, the name of Senator GIESE was removed as a co-sponsor of the Bill.

The following were introduced:

S. 1151 (Word version) -- Senators Bauer, Anderson, Ford, McGill, Thomas, Ravenel, Branton, Peeler, Setzler, Courson, Wilson, Grooms, Reese, Martin, Elliott, Mescher, Fair, O'Dell, J. Verne Smith, Richardson, Leatherman, Giese, Gregory, Ryberg, Courtney, Russell, Waldrep, McConnell, Holland, Matthews and Leventis: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS OR WHO ARE TOTALLY AND PERMANENTLY DISABLED, SO AS TO INCREASE THE EXEMPTION FROM TWENTY THOUSAND DOLLARS TO TWO HUNDRED THOUSAND DOLLARS FOR A TAXPAYER WHO HAS ATTAINED THE AGE OF EIGHTY YEARS, AND OVER TEN YEARS TO REDUCE TO AGE SEVENTY THE AGE AT WHICH THIS INCREASED EXEMPTION APPLIES, TO DELETE OBSOLETE LANGUAGE, AND TO ALLOW THE HIGHER EXEMPTION TO THE SURVIVING SPOUSE IF THAT SPOUSE IS OTHERWISE ELIGIBLE FOR THE HOMESTEAD EXEMPTION.
l:\council\bills\bbm\9102htc00.doc

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

S. 1152 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO CLARIFY THE DEFINITIONS OF "DEMOTION" AND "PROMOTION".
l:\council\bills\skb\18183som00.doc

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

S. 1153 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF A MOTOR HOME AS RESIDENTIAL REAL PROPERTY, SO AS TO PROVIDE THAT A RECREATIONAL TRAILER ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE, AND THE TRUCK DESIGNED AND USED FOR THE PURPOSE OF TOWING SUCH A TRAILER, IS ALSO A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND IS CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES.
l:\council\bills\dka\3701mm00.doc

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

S. 1154 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO ADD THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION, PARTISAN PRESIDENTIAL PRIMARY ELECTION, OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY OR HAS EXECUTED AN AFFIDAVIT AT THE POLLING PLACE FOR THE PRIMARY THAT HE IS A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO ADD THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND TO AMEND SECTION 7-9-20 RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY, OR EXECUTING AN AFFIDAVIT AT THE PRIMARY POLLING PLACE AFFIRMING THAT THE VOTER IS A MEMBER OF THE POLITICAL PARTY HOLDING THE PRIMARY.
l:\council\bills\skb\18190som00.doc

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

S. 1155 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE TITLES, SO AS TO ADD SECTION 56-19-490 TO PROVIDE THAT A MOTOR VEHICLE RETURNED TO THE MANUFACTURER PURSUANT TO A LEMON LAW OR OTHER SIMILAR PROVISION SHALL ONLY BE TITLED WITH A PHRASE PRINTED ON THE TITLE STATING "RETURNED TO MANUFACTURER UNDER 'LEMON LAW' OR OTHER PROCEEDING" AND TO PROVIDE PENALTIES FOR VIOLATING THIS SECTION.
l:\s-res\dhh\003lemo.dmb.doc

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

H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".

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

H. 4327 (Word version) -- Reps. Lucas, Harris and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF ANY SCHOOL OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED 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. 4524 (Word version) -- Rep. Easterday: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENVILLE 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 SCHOOLS 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.

Read the first time and referred to the Greenville County Delegation.

H. 4568 (Word version) -- Reps. Klauber and Carnell: A BILL TO PROVIDE THAT WHERE THE POLLING PLACE OF A VOTING PRECINCT IS LOCATED WITHIN A SCHOOL IN GREENWOOD COUNTY, NO CHARGE MAY BE MADE FOR THE USE OF THAT POLLING PLACE DURING A GENERAL, SPECIAL, OR PRIMARY ELECTION OR REFERENDUM OF ANY TYPE WHETHER BINDING OR ADVISORY.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 4581 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DARLINGTON COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS 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. 4589 (Word version) -- Reps. Perry, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION HONORING THE MEMORY OF THE HONORABLE CARL WOODLEY LITTLEJOHN, JR., OF AIKEN COUNTY AND EXTENDING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS FAMILY AND COUNTLESS FRIENDS.

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

H. 4593 (Word version) -- Rep. Carnell, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ONE OF THEIR MOST CHERISHED FRIENDS, PRISCILLA NAVARRO SIMS (MRS. LANA HANCOCK SIMS), FOR HER UNBOUNDED COMMITMENT AND DEDICATION TO THE PALMETTO STATE ON THE OCCASION OF HER RETIREMENT AND TO WISH HER HAPPINESS AND GOOD HEALTH IN ALL THE YEARS TO COME.

Whereas, Priscilla Sims' illustrious lobbying career began with the South Carolina Railroad Association from 1972 through 1985. Her professional and keen business skills were further utilized in 1986, when she was named the lobbyist for CSX Transportation -- a position she has held until her recent retirement; and

Whereas, Priscilla was born in the Republic of Panama on July 14, 1933, and is the second child of Cecelia Smith Navarro and the late, renowned architect Rogelio Navarro. She has a sister, Clarita Riba and brother, Rogelio Navarro; and

Whereas, at the age of nine, her father passed away and her family came to the United States; and

Whereas, Priscilla grew up in New York City. She attended Rosemont College and graduated from Fordham University. For one year during college she attended the Sorbonne in Paris while visiting her aunt who was the Ambassador from Panama; and

Whereas, while visiting relatives in Panama, Priscilla met the love of her life, Columbia native Lana Hancock Sims, Sr., an officer in the United States Navy stationed in the Canal Zone and an aide to Admiral Miles from Beaufort, South Carolina; and

Whereas, she has been a resident of Columbia since 1957, and for twenty-one wonderful years she was the loving and devoted wife of her late husband, Lana Hancock Sims, Sr., a well-respected South Carolina lobbyist; and

Whereas, Priscilla provides love and constant support and inspiration to her four children: Lana, Jr., Mary Beth, Cathy, and Ted, and to their spouses Anne, Keith, David, and Allison; and

Whereas, she is the proud "Nina" to eight adorable grandchildren: Lana IV, McLean, Wesley, Ginny, Matthew, Landon, Daniel, and McKenna; and

Whereas, Priscilla Sims is truly a "class act" following in the style of her vivacious mother, Cecelia Dudley, who now lives in Columbia; and

Whereas, Priscilla has a reputation for opening her home up to friends and associates whenever the need arises. We all know her as a consummate chef and exquisite hostess who has the ability to entertain with a zest that is unmatched. No one leaves her home following a drop-in, birthday party, or a dinner without having the warmest feelings and admiration for this truly beloved lady; and

Whereas, Priscilla always has music in her heart and has made "LaVie En Rose" her signature song. She would love to share the stage with her favorite tenor, Luciano Pavarotti; and

Whereas, Priscilla has served on numerous boards including: Town Theatre Board of Directors, Vice President; Richland Memorial Hospital Board of Directors; Winthrop College Board of Visitors; University of South Carolina Law School Partnership Board; South Carolina Operation Lifesaver Executive Committee and Advisory Board; South Carolina Export Consortium, Treasurer; and South Carolina Society of Association Executives, Trade Show Chairman. She has served as the Provisional Chairman, Placement Chairman, Recording Secretary, and Vice President of the Junior League of Columbia; and

Whereas, in 1982, Priscilla Sims was selected 1982 Woman of the Year by the Women's Center of Midlands Technical College for making the best transition from a homemaker to working outside the home; and

Whereas, in her path through life Priscilla has continually and consistently thought of others -- always going the extra mile to ensure others are comforted and loved no matter what the occasion may be; and

Whereas, she is a long-time member of St. Joseph's Catholic Church and has served on the Parish Council; and

Whereas, beyond her business and professional life, Priscilla Sims is a woman who loves her family and delights in the experiences of her children and grandchildren; and

Whereas, hopefully, she now will find the time to indulge in the things she has always enjoyed, i.e., golfing, fishing, and even hunting for quail. While travel has always been an important part of her life, her retirement now offers even more opportunities for exploring the world; and

Whereas, there are times when it is difficult to find words for the proper expression of one's sentiments and this is such an occasion. We are saddened to say goodbye, but at the same time we rejoice that the value of her labors and unselfishness will long be remembered as an example for others to follow; and

Whereas, she is a truly distinguished South Carolinian, who has given most generously of her time and talents to the people of the Palmetto State for many years, and it would be most fitting and appropriate that the members of the General Assembly pause in their deliberations to honor Priscilla Navarro Sims. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, express their sincere appreciation and gratitude to one of their most cherished friends, Priscilla Navarro Sims (Mrs. Lana Hancock Sims), for her unbounded commitment and dedication to the Palmetto State on the occasion of her retirement and wish her happiness and good health in all the years to come.

Be it further resolved that a copy of this resolution be presented to Priscilla Navarro Sims.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 962 (Word version) -- Senators Moore, J. Verne Smith and Alexander: 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.

Ordered for consideration tomorrow.

S. 1133 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION CONGRATULATING THE BATESBURG-LEESVILLE HIGH SCHOOL PANTHERS ON WINNING THE 1999 CLASS AA STATE CHAMPIONSHIP IN FOOTBALL.

Returned with concurrence.

Received as information.

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

The following House Bill was read the third time and ordered returned to the House with amendments:

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.

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 adoption of the amendment previously proposed on Thursday, February 10, 2000.

Senator WILSON proposed the following amendment (JUD3804.002), which was adopted:

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 explained the amendment.

The amendment was adopted.

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

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

S. 1026 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.

Senator McCONNELL explained the Bill.

S. 1027 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: 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.

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.

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.

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

Senator MOORE proposed the following amendment (755R001.TLM), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 21 in the bill title and inserting in lieu thereof the following:

/   MAINTAINED AS A TEACHING HOSPITAL FOR THE PRIMARY PURPOSES OF TRAINING MENTAL HEALTH PERSONNEL AND PSYCHIATRIC RESEARCH;   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE 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.

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

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.

S. 305 (Word version) -- Senator Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT IN A COVENANT MARRIAGE THE GROUND FOR CONTINUOUS SEPARATION IS FOR A PERIOD OF AT LEAST TWO YEARS.

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0305.001), which was adopted:

Amend the joint resolution, as and if amended, page 1, line 27, as contained in SECTION 1, by striking line 27 in its entirety and inserting:

/ drunkenness.; and in a covenant marriage, continuous separation /.

Amend the joint resolution further, as and if amended, page 1, line 37, as contained in SECTION 2, by striking line 37 in its entirety and inserting:

/   that as a ground for divorce in a covenant marriage, continuous /.

Amend title to conform.

Senator HUTTO explained the amendment.

The committee amendment was adopted.

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

S. 1138 (Word version) -- Senators McConnell, Ravenel and Passailaigue: A CONCURRENT RESOLUTION DECLARING THURSDAY, FEBRUARY 17, 2000, AS "HUNLEY DAY" IN SOUTH CAROLINA.

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

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.

The Concurrent Resolution was adopted, ordered returned 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.

On motion of Senator McCONNELL, 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. 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 Amendment No. 2 (JUD0544.001) proposed by Senators HOLLAND and HUTTO and previously printed in the Journal of February 1, 2000.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senators LAND, HUTTO and RANKIN proposed the following Amendment No. 4 (JUD0544.003):

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

/ SECTION _____. Section 56-5-6520 of the 1976 Code is amended to read:

"Section 56-5-6520.   The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen years of age or less to wear a safety belt or other child restraint system as provided for in Article 47." /

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

/ SECTION _____.   Section 56-5-6530(9) and (10) of the 1976 Code are amended to read:

"(9)   occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to a lap belt;.

(10)   children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56." /

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

/ SECTION _____. Section 56-5-6540 of the 1976 Code is amended to read:

"(A)   A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs, assessments, or surcharges may be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. A fine imposed pursuant to this section against the driver for failing to wear a safety belt shall be assessed against the driver. A fine imposed pursuant to this section against an occupant of the vehicle eighteen years of age or older for failing to wear a safety belt shall be assessed against that occupant. A fine imposed pursuant to this section against an occupant or occupants seventeen years of age or less for failing to wear a safety belt shall be assessed against the driver if the driver is eighteen years of age or older; however, the total fine assessed against a driver for any one incident shall be no more than twenty-five dollars. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B)   A law enforcement officer may not stop and issue a citation to a driver for a violation of this article when the stop is made in conjunction with another violation of the motor vehicle laws or in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop when:

(1)   the driver or an occupant of the motor vehicle is not wearing a safety belt or other child restraint system as required by Article 47; or

(2)   the stop is made at a lawful checkpoint.

Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger in a vehicle may be searched solely as a result of a violation of this article.

(C)   A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is not admissible as evidence in a civil action." /

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

Senator RICHARDSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators LAND and RICHARDSON spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LAND continued explaining the amendment.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator LAND retaining the floor.

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bryan Welch Gayle of Irmo, S.C.

At 1:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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