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, Jesus said to his disciples at a critical point in his ministry, as recorded by St. John (7:6) (Rendered in the New International Version)
"The right time for me has not yet come;
For you any time is right."
Let us pray.
O You, the God of Sinai and of Galilee... and even of South Carolina, the cynics of our day have sought to rob us of the shining glow of the "world above." The skeptics have dimmed our view of the "world beyond." But we know that we must find our way to cope in the "world about us."
Help us to believe that the Spirit of God that brooded over the dark and the deep at creation's dawn can yet, even yet, enlighten the spirit of man and kindle his enthusiasm to work to make the kingdoms of this world the KINGDOM OF GOD IN TRUTH.
If it be possible, Lord, let that miracle, the miracle of changed hearts, begin with us.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Mr. President, fellow Members of the Senate,
This past Friday, the staff of the Ethics Committee delivered to your Gressette Building Offices the annual Statement of Economic Interests Forms for the calendar year 1999. The completed forms are due in the Ethics Committee office by the close of business Monday, April 17, 2000.
However, you might notice that we had delivered the form to you a few weeks earlier this year. As you know, this is an election year and the law requires you to deliver a current Statement of Economic Interests Form to your county party officials at the same time you file for reelection. Therefore, I felt that you should have these documents in your hand in a timely manner for both purposes.
Thank you.
At 11:32 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts immediately following the Joint Assembly.
There was no objection and a message was sent to the House accordingly.
S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. Verne Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short and Rankin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.
On motion of Senator McGILL, with unanimous consent, the name of Senator McGILL was added as a co-sponsor.
S. 1168 (Word version) -- Senators J. Verne Smith, Drummond, Ford, Mescher, Russell, Thomas, Glover and Hayes: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 28 SO AS TO ENACT THE "SOUTH CAROLINA COMPETITIVE POWER ACT OF 2000" WHICH REQUIRES THE PUBLIC SERVICE COMMISSION TO ADOPT A PLAN FOR RESTRUCTURING THE ELECTRIC UTILITY INDUSTRY, REQUIRES INVESTOR-OWNED UTILITIES, MUNICIPAL UTILITIES, RURAL ELECTRIC COOPERATIVES, JOINT AGENCIES, AND STATE-OWNED UTILITIES TO EACH FILE WITH THE COMMISSION A UTILITY RESTRUCTURING PLAN PROVIDING FOR CUSTOMER CHOICE FOR ALL RETAIL ELECTRIC CUSTOMERS AND ESTABLISHING A PROTOCOL FOR THE UNBUNDLING OF SERVICES, PROVIDES FOR THE MANNER IN WHICH CUSTOMERS SHALL BE PERMITTED TO CHOOSE THEIR ELECTRIC GENERATION PROVIDER, PROVIDES FOR THE MANNER IN WHICH INVESTOR-OWNED UTILITIES, MUNICIPAL UTILITIES, BOARDS AND COMMISSIONS OF PUBLIC WORKS, RURAL ELECTRIC COOPERATIVES, JOINT AGENCIES, AND STATE-OWNED UTILITIES SHALL PARTICIPATE IN THE TRANSITION TO COMPETITION, CREATES A LEGISLATIVE OVERSIGHT COMPETITION COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING, AND PROVIDES FOR RELATED MATTERS.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was removed as a co-sponsor.
The following was received and referred to the appropriate committee for consideration:
Document No. 2439
Agency: Public Service Commission
SUBJECT: Non-Emergency Vehicles
Received by Lieutenant Governor February 23, 2000
Referred to Judiciary Committee
Legislative Review Expiration June 22, 2000
Senator DRUMMOND introduced Dr. Julius (Jukie) Leary of Greenwood, S.C., Doctor of the Day.
S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator SALEEBY proposed the following amendment (GGS\ 22505CM00), which was adopted:
Amend the bill, as and if amended, SECTION 3, as contained on line 15, page 2, by deleting SECTION 3 in its entirety and inserting:
/ SECTION 3. This act takes effect ninety days after approval by the Governor. /
Amend title to conform.
Senator SALEEBY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
The following were introduced:
S. 1172 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "POLITICAL SUBDIVISION" TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF HOUSING AUTHORITY EXECUTIVE DIRECTORS.
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Read the first time and referred to the Committee on Finance.
S. 1173 (Word version) -- Senators Bauer, Leatherman, Reese, Waldrep, Jackson, Elliott, Hutto, McGill, Peeler, Courson, Giese, Leventis, Russell, Glover, Grooms, Ravenel, O'Dell, Branton, Anderson, Washington and Wilson: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
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Read the first time and referred to the Committee on Finance.
S. 1174 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.
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Read the first time and referred to the Committee on Judiciary.
S. 1175 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS OF RELEASE BY WHICH A PERSON MAY BE RELEASED ON HIS OWN RECOGNIZANCE, SO AS TO DELETE A REFERENCE TO THE OBSOLETE COUNTY COURT AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO ALLOW A JUDGE TO CONSIDER ANY RECORD OF ARRESTS WHEN SETTING CONDITIONS FOR RELEASE; TO AMEND SECTION 17-15-40, RELATING TO THE COURT ORDER STATING THE CONDITIONS FOR RELEASE AND THE ACKNOWLEDGMENT BY PERSON RELEASED, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; AND TO AMEND SECTION 17-15-50, RELATING TO THE IMPOSITION OF ADDITIONAL OR DIFFERENT CONDITIONS OF RELEASE, SO AS TO PROVIDE THAT A MAGISTRATE SHALL RETAIN JURISDICTIONAL AUTHORITY TO RESCIND OR MODIFY THOSE CONDITIONS, AT ANY TIME AFTER NOTICE AND HEARING, AND TO ENFORCE COMPLIANCE WITH THOSE CONDITIONS UNTIL A TRUE BILL OF INDICTMENT IS RETURNED BY A GRAND JURY.
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Read the first time and referred to the Committee on Judiciary.
S. 1176 (Word version) -- Senators Wilson, Holland, Ryberg, Bauer, Courson and Leatherman: A BILL TO AMEND ACT 253 OF 1992, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PRIMARY PARTY ELECTIONS, SO AS TO DELETE THE AUTHORITY OF A PARTY TO CONDUCT A PRESIDENTIAL PRIMARY ELECTION AND THE REFERENCE TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 7-13-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO DELETE THE COMMISSION'S PROHIBITION ON CONDUCTING A PRESIDENTIAL PRIMARY AND TO PROVIDE THAT THE CERTIFIED POLITICAL PARTY OF THE CANDIDATE RUNNING IN THE PRESIDENTIAL PRIMARY MUST SET THE DATE FOR THE PRIMARY ELECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 1177 (Word version) -- Senators Drummond, Leventis, Anderson, Patterson, Land, Bryan, Richardson, Matthews, Washington, Hayes, Hutto, Saleeby, McGill, Rankin and Gregory: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, SO AS TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS; TO AMEND SECTION 53-5-10, RELATING TO LEGAL HOLIDAYS, SO AS TO ESTABLISH MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY AS STATE HOLIDAYS, AND TO DESIGNATE THIS ACT AS THE SOUTH CAROLINA HISTORICAL MONUMENTS AND MEMORIALS PROTECTION ACT.
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Read the first time and on motion of Senator McCONNELL, with unanimous consent, ordered referred to the Committee on Judiciary.
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 EMPLOYEES, AND TO PROHIBIT DISCRIMINATION IN THE HIRING OF TEMPORARY EMPLOYEES BASED ON THIS ELIGIBILITY.
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Read the first time and on motion of Senator PATTERSON, with unanimous consent, ordered placed on the Calendar without reference.
S. 1179 (Word version) -- Senators Jackson, Courson, Anderson, Patterson, Matthews, Hayes and Giese: A BILL TO AMEND SECTION 1-11-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE COVERAGE AVAILABLE TO ACTIVE AND RETIRED STATE EMPLOYEES, SO AS TO REQUIRE THE SELF-INSURED INSURANCE PLAN TO COVER THE FIRST ONE HUNDRED DOLLARS CHARGED FOR ONE ROUTINE OUT-OF-HOSPITAL PHYSICAL EXAMINATION FOR ELIGIBLE PARTICIPANTS.
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Read the first time and referred to the Committee on Finance.
H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS 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. 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.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 4658 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION TO COMMEND DAVID GENE PEARSON, OF SPARTANBURG, KNOWN IN NATIONAL ASSOCIATION OF STOCK CAR AUTOMOBILE RACING CIRCLES (NASCAR) AND BY SPORTS WRITERS AND STOCK CAR AUTOMOBILE RACING ENTHUSIASTS AS "THE SILVER FOX", FOR HIS TRULY OUTSTANDING STOCK CAR RACING CAREER, AND HIS STERLING EXAMPLE OF SPORTSMANSHIP OVER MANY YEARS IN THE HIGHLY COMPETITIVE SPORT OF STOCK CAR RACING, AND TO CONGRATULATE HIM ON BEING NAMED BY SPORTS ILLUSTRATED AS THE TOP STOCK CAR DRIVER OF THE TWENTIETH CENTURY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4659 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND ERICA RYMER OF LEXINGTON COUNTY AND AN EIGHTH GRADER AT WHITE KNOLL MIDDLE SCHOOL AND REID COGGINS OF YORK COUNTY AND A SENIOR AT FORT MILL HIGH SCHOOL FOR THEIR SELECTIONS AS THE TWO TOP YOUTH VOLUNTEERS IN SOUTH CAROLINA FOR 2000 AND TO CONGRATULATE THEM ON THEIR RECEIPT OF THE SILVER MEDALLION FROM THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM; AND TO PROUDLY RECOGNIZE THE FOUR OTHER SOUTH CAROLINA STUDENTS WHO WERE AWARDED BRONZE MEDALLIONS AS DISTINGUISHED FINALISTS IN THE PROGRAM: LESLEY FONDREN OF NORTH MYRTLE BEACH HIGH SCHOOL, MORYAH JENKINS OF RIDGE VIEW HIGH SCHOOL, MONICA LEMMOND OF CLOVER HIGH SCHOOL, AND KRISTA SHIRLEY OF LEXINGTON HIGH SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4663 (Word version) -- Reps. Jennings, 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, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, 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 EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF OUR BELOVED COLLEAGUE, THE HONORABLE CHARLES ANTHONY "TONY" HARRIS OF CHERAW, WHO DIED ON NOVEMBER 28, 1999.
Whereas, the members of the General Assembly were saddened to learn of the death on November 28, 1999, of the Honorable Charles Anthony "Tony" Harris of Cheraw; and
Whereas, Tony Harris was a man of public service. He served in the House of Representatives from 1967 to 1968, and in the Senate from 1969 to 1978. He was elected circuit court judge for the Fourth Judicial Circuit in 1978 and served until 1992, with dedication and distinction. In 1992, he retired from the bench and returned to the practice of law with our colleague, Representative Douglas Jennings, Jr., in the firm of Jennings and Harris; and
Whereas, besides being a man who thrived in public service, Tony was a devoted husband and family man. He was married to the late Jean Laney Harris, who succeeded him as the representative from House District 53 and served continuously with distinction from 1979 until her death in 1997. He is survived by four children: two sons, our colleague, Representative C. Anthony Harris, Jr., and C. Frederick Harris of Cheraw, two daughters, Dr. Rainey H. Knight of Hartsville and Mary Margaret Harris of Cheraw, and two grandsons, Frederick Harris Knight of Hartsville and Charles Anthony Harris III, of Cheraw. He is also survived by two sisters, Ann Heathy Walker of Charlotte and Lorraine H. Madison of St. Petersburg, Florida, and fifteen nieces and nephews. A brother, Billy Harris, predeceased him; and
Whereas, Tony and Jean's son, Representative C. Anthony Harris, Jr., is continuing the strong family tradition of public service by representing the people of House District 53 serving Chesterfield and Marlboro Counties; and
Whereas, Tony was a veteran of the Korean War, serving two tours of duty with the Marine Corps; he was also a member of the American Legion, the Cheraw Kiwanis Club, and the First United Methodist Church; and
Whereas, it is only fitting and proper that the members of the General Assembly pause in their deliberations to note the passing of this outstanding leader in his community and the State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly extend their deepest sympathy to the family and friends of our beloved colleague, the Honorable Charles Anthony "Tony" Harris of Cheraw, who died on November 28, 1999.
Be it further resolved that a copy of this resolution be forwarded to each of the children of Tony Harris.
The question then was the adoption of the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4666 (Word version) -- Reps. McKay, 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, 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 GRATITUDE AND APPRECIATION OF THE GENERAL ASSEMBLY TO JODY LANE OF JOHNSONVILLE, AND THREE OTHER RESCUERS FOR THEIR QUICK AND SELFLESS ACTIONS ON THE NIGHT OF JANUARY 15, 2000, IN FREEING A SERIOUSLY INJURED MOTORIST TRAPPED IN HIS BURNING VEHICLE AND RESCUING HIM IMMEDIATELY BEFORE THE VEHICLE EXPLODED INTO FLAMES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4667 (Word version) -- Reps. Whatley, Altman, Breeland, Campsen, Chellis, Dantzler, Harrell, Inabinett, Limehouse, Mack, Seithel and Whipper: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MATILDA "TILLIE" FORRESTER DUNSTON OF NORTH CHARLESTON.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC STUDENT LEGISLATURE to attend a midday reception in Room 221 Blatt Bldg. on Wednesday, March 1, 2000, upon adjournment and lasting until 2:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the CONSULTING ENGINEERS OF SC, SC SOCIETY OF PROFESSIONAL ENGINEERS to attend a reception at the USC Faculty House on Wednesday, March 1, 2000, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC HEALTH ALLIANCE to attend a luncheon at the Capital City Club on Tuesday, March 7, 2000, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF MUNICIPAL POWER SYSTEMS to attend a reception at Seawell's Restaurant on Tuesday, March 3, 2000, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SUMMARY COURT JUDGES ASSOCIATION to attend a reception at Seawell's Restauarant on Wednesday, March 8, 2000, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
TOTAL--0
Columbia, S.C., February 22, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 22, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1162 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION DESIGNATING APRIL 5, 2000, AS "SOUTH CAROLINA AARP DAY" IN RECOGNITION OF THE EFFORTS OF THE SOUTH CAROLINA AARP STATE LEGISLATIVE COMMITTEE TO EDUCATE SENIOR CITIZENS ON IMPORTANT LEGISLATIVE ISSUES AND TO ENCOURAGE THEM TO TAKE ACTIVE ROLES IN THE LEGISLATIVE PROCESS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 1137 (Word version) -- Senator Grooms: A JOINT RESOLUTION DESIGNATING THE "FOXES" AS THE OFFICIAL MASCOT OF MACEDONIA MIDDLE SCHOOL IN BERKELEY COUNTY.
(By prior motion of Senator GROOMS)
S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS, AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS, AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators GROOMS, McCONNELL and RAVENEL proposed the following amendment (1078R003.LKG), which was adopted:
Amend the bill, as and if amended, page 3, line 5, by adding after the word / section. / the following:
/ All persons selling Christmas trees from November to January who are not otherwise required by this section to either register or pay the fees are exempt from the fees and registration. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS 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, was ordered placed on the third reading Calendar:
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.
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 third reading of the Bill.
Senator WALDREP proposed the following Amendment No. 14B (JUD0544.016):
Amend the bill, as and if amended, page 2, line 32, in Section 56-5-2933, as contained in SECTION 4, by striking line 32 in its entirety and inserting therein the following:
/ vehicle within this State while his alcohol concentration is twelve one- /.
Amend the bill further, as and if amended, page 5, line 22, in Section 56-5-2950(b)(4), as contained in SECTION 6, by striking line 22 in its entirety and inserting therein the following:
/ (4) If the alcohol concentration was at that time twelve /.
Amend the bill further, as and if amended, page 13, beginning on line 25, as contained in SECTION 18, by striking SECTION 18 in its entirety and inserting therein the following:
/ SECTION 18. In the event the alcohol concentration level for driving under the influence of alcohol or other intoxicating substance offenses changes from ten one-hundredths of one percent or more to eight one-hundredths of one percent or more as provided by law, Sections 56-5-2933 and 56-5-2950(b)(4) of the 1976 Code do not apply to alcohol concentration levels between eight one-hundredths of one percent up to twelve one-hundredths of one percent and instead, for this range, there is an inference that the person was under the influence of alcohol or other intoxicating substances. /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
Senator GIESE argued contra to the adoption of the amendment.
Senator MARTIN argued contra to the adoption of the amendment.
On motion of Senator SETZLER, with unanimous consent, debate was interrupted by the Joint Assembly, with Senator MARTIN retaining the floor.
The PRESIDENT appointed Senators DRUMMOND, LEVENTIS, COURSON and ANDERSON to escort the Honorable Alan G. Lance, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of the following Concurrent Resolution adopted by both Houses:
S. 1004 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ALAN G. LANCE, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 23, 2000.
The Honorable Alan G. Lance, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators DRUMMOND, LEVENTIS, COURSON and ANDERSON and Representatives Delaney, Gourdine, Sandifer, Hawkins and Cato.
The PRESIDENT of the Senate introduced the Honorable Alan G. Lance, National Commander of the American Legion.
Commander Lance addressed the Joint Assembly.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:25 P.M., the Senate reconvened.
At 12:26 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRYAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bauer Branton Bryan Courson Drummond Elliott Fair Giese Glover Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Ravenel Reese Richardson Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Wilson
A quorum being present, the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 23, 2000, at 12:30 P.M. and the following Acts and Joint Resolutions were ratified:
(R213, S. 118 (Word version)) -- Senators Mescher and Reese: AN ACT TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT DOMESTICATED FERRETS FROM THE PROHIBITION, PROVIDE FOR VACCINATION OF FERRETS AGAINST RABIES, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.
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(R214, S. 126 (Word version)) -- Senators Passailaigue and Elliott: AN ACT TO AMEND SECTION 16-3-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING OF CERTAIN CONVICTED OFFENDERS FOR HEPATITIS B, SEXUALLY TRANSMITTED DISEASES, AND HUMAN IMMUNODIFICIENCY VIRUS (HIV), SO AS TO REQUIRE A SOLICITOR TO PETITION THE COURT FOR TESTING AFTER A PERSON HAS BEEN CHARGED WITH AN OFFENSE, IF REQUESTED BY THE VICTIM; TO ESTABLISH PROBABLE CAUSE THAT THE OFFENDER COMMITTED THE OFFENSE AND THAT BODY FLUIDS WERE TRANSMITTED AS THE CRITERIA FOR ISSUING THE ORDER; TO PROVIDE FOR THE DISCLOSURE OF THE TEST RESULTS TO LIMITED PERSONS, INCLUDING THE VICTIM, THE VICTIM'S ATTORNEY, AND THE OFFENDER'S ATTORNEY; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE COUNSELING TO THE OFFENDER IF THE RESULTS ARE POSITIVE AND TO THE VICTIM, IF REQUESTED; TO AUTHORIZE FOLLOW-UP TESTING IF REQUESTED BY THE VICTIM AND IF THE INITIAL RESULTS ARE NEGATIVE; TO REQUIRE THE OFFENDER TO REIMBURSE THE STATE FOR COSTS OF THE TESTS IF THE OFFENDER IS CONVICTED OF THE CRIME; TO AUTHORIZE THE COURT TO ORDER THE COLLECTION OF ADDITIONAL SAMPLES OF BLOOD, SALIVA, AND HAIR FOR SCIENTIFIC TESTING IF THERE IS A SHOWING OF PROBABLE CAUSE THAT THE OFFENDER COMMITTED A CRIME; TO AUTHORIZE THE USE OF THESE SCIENTIFIC TESTS RESULTS IN ANY CRIMINAL PROCEEDING BUT TO PROHIBIT THE USE OF THE HEPATITIS B AND HIV TEST RESULTS CONDUCTED PURSUANT TO THIS ACT IN ANY CRIMINAL TRIAL OF THE OFFENDER; AND TO PROVIDE IMMUNITY FOR CIVIL AND CRIMINAL LIABILITY; AND TO REPEAL SECTION 16-15-255 RELATING TO TESTING OF CONVICTED OFFENDERS FOR CERTAIN SEX-RELATED OFFENSES, HEPATITIS B, SEXUALLY TRANSMITTED DISEASES, AND HIV.
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(R215, S. 181 (Word version)) -- Senators Washington and Elliott: AN ACT TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM IN THE DEPARTMENT OF SOCIAL SERVICES TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE INCLUDING REQUIRING THE DEPARTMENT TO ATTEMPT TO IDENTIFY A FAMILY MEMBER WITH WHOM A FOSTER CHILD MAY BE PLACED, AND ESTABLISHING PROCEDURES AND ELIGIBILITY REQUIREMENTS FOR LICENSURE AS A KINSHIP FOSTER PARENT; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE BEFORE THE FEDERAL BUREAU OF INVESTIGATION RESULTS ARE RECEIVED IF CERTAIN OTHER REPORTING REQUIREMENTS ARE MET.
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(R216, S. 199 (Word version)) -- Senators J. Verne Smith, Wilson, Giese and Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAYCARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAYCARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAYCARE FACILITIES", "GROUP DAYCARE HOME", AND "FAMILY DAYCARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAYCARE CENTERS AND GROUP DAYCARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2840, AS AMENDED, RELATING TO REGISTRATION OF FAMILY DAYCARE HOMES, SO AS TO CLARIFY THAT THE OPERATOR OF THE DAYCARE CENTER ALSO MUST OCCUPY THE RESIDENCE; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAYCARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAYCARE CENTERS, SO AS TO REQUIRE THESE CENTERS TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAYCARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAYCARE CENTERS AND GROUP DAYCARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE; AND BY ADDING SECTION 20-7-2902 SO AS TO PROHIBIT THE DEPARTMENT FROM PRESCRIBING CURRICULA FOR DAYCARE STAFF TRAINING AND FOR CHILDREN'S DAYCARE ACTIVITIES AND TO PROVIDE EXCEPTIONS.
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(R217, S. 372 (Word version)) -- Senators Anderson and Glover: AN ACT TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAYCARE CENTER EMPLOYMENT, SO AS TO PROVIDE THAT THE CLASS F FELONY OF DRIVING UNDER THE INFLUENCE DOES NOT PROHIBIT DAYCARE CENTER EMPLOYMENT IF THE PERSON HAS NOT BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OR OF AN ALCOHOL OR DRUG VIOLATION OR DRIVING WITH A CANCELED, SUSPENDED, OR REVOKED LICENSE IN THIS OR ANY OTHER STATE FOR THE PREVIOUS TEN YEARS AND THE PERSON HAS COMPLETED AN ALCOHOL OR DRUG TREATMENT PROGRAM; TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE FOR DRIVING UNDER THE INFLUENCE MUST NOT DRIVE A VEHICLE IN THE COURSE OF HIS DUTIES OF EMPLOYMENT; AND TO PROVIDE THAT IF SUBSEQUENT TO EMPLOYMENT, A PERSON IS CONVICTED OF DRIVING UNDER THE INFLUENCE, THE PERSON'S EMPLOYMENT MUST BE TERMINATED.
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(R218, S. 493 (Word version)) -- Senator Moore: AN ACT TO AMEND SECTION 40-13-5, SECTIONS 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, ALL AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO PROVIDE FOR SENATE ADVICE AND CONSENT TO THE APPOINTMENTS OF MEMBERS OF THE STATE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.
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(R219, S. 709 (Word version)) -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-185 SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY LEAVE AN ESTABLISHMENT WITHOUT MAKING PAYMENT FOR GASOLINE THAT IS DISPENSED INTO A MOTOR VEHICLE AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 56-1-292 SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE FOR VIOLATIONS OF SECTION 16-13-185.
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(R220, S. 764 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
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(R221, S. 840 (Word version)) -- Senators Elliott and Ravenel: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE.
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(R222, S. 862 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2425, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R223, S. 1121 (Word version)) -- Senator Drummond: AN ACT 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.
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(R224, H. 3335 (Word version)) -- Reps. Beck, Wilder, W. McLeod, J. Brown, R. Smith and Mason: AN ACT TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD; AND TO FURTHER PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.
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(R225, H. 3379 (Word version)) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: AN ACT TO ENACT THE "MAGISTRATES COURTS REFORM ACT OF 2000" BY AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS AND COMPLAINTS FROM TWENTY-FIVE TO FORTY-FIVE DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO TWENTY DOLLARS; BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT A MAGISTRATE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY AMENDING SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT ON OR AFTER JULY 1, 2001, A MAGISTRATE AT THE TIME OF HIS INITIAL APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER JULY 1, 2005, A MAGISTRATE AT THE TIME OF HIS INITIAL APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REQUIREMENTS OF A TWO-YEAR ASSOCIATE DEGREE AND FOUR-YEAR BACCALAUREATE DEGREE DO NOT APPLY TO A MAGISTRATE SERVING ON THE EFFECTIVE DATES OF THE REVISED REQUIREMENTS DURING THE MAGISTRATE'S TENURE IN OFFICE; BY ADDING SECTION 22-1-16, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A CONTINUING EDUCATION PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; BY AMENDING SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATIONS FOR MAGISTERIAL APPOINTMENTS; BY AMENDING SECTION 22-2-40, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN A COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE SENATE DELEGATION FOR A COUNTY AND THE COUNTY GOVERNING BODY MAY VARY THE NUMBER, LOCATION, AND FULL-TIME OR PART-TIME STATUS OF MAGISTRATES IN A COUNTY BY WRITTEN AGREEMENT FILED WITH COURT ADMINISTRATION; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION REGARDING APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO INCREASE THE CIVIL JURISDICTION FROM FIVE THOUSAND TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY ADDING SECTION 22-8-45, SO AS TO AUTHORIZE COUNTIES WHICH ARE NOT ABLE TO PAY THE MAGISTRATES' BASE SALARY FROM THE FEE INCREASES TO APPLY TO THE STATE TREASURER'S OFFICE AND REQUEST REIMBURSEMENT FOR THE AMOUNT NOT COVERED; BY AMENDING SECTION 34-11-70, AS AMENDED, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE THE FEE A DEFENDANT MUST PAY FOR ADMINISTRATIVE COSTS FROM TWENTY TO FORTY-ONE DOLLARS WHEN THE CASE IS DISMISSED FOR WANT OF PROSECUTION OR WHEN THE CASE IS DISMISSED ON SATISFACTORY PROOF OR RESTITUTION AND REPAYMENT; BY AMENDING SECTION 34-11-90, AS AMENDED, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE A MAGISTRATE'S JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS; TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY WHEN THE COURT SUSPENDS A FIRST OFFENSE CONVICTION FOR DRAWING AND UTTERING A FRAUDULENT CHECK FROM TWENTY TO FORTY-ONE DOLLARS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING FURTHER NECESSARY CHANGES TO THE MAGISTRATES COURT SYSTEM BY MARCH 15, 2001, AND TO FILE A REPORT BY MARCH 15, 2005, STATING WHETHER THE FEE INCREASES ADEQUATELY COVERED MAGISTRATES' SALARIES.
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(R226, H. 3455 (Word version)) -- Reps. Lloyd, Clyburn, Parks, J. Hines, Scott, Bales, Taylor, Rutherford and M. Hines: AN ACT 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.
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(R227, H. 3705 (Word version)) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: AN ACT TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER OR A NONVETERAN IF A VETERAN BEING CONSIDERED FOR THIS POSITION IS FOUND TO BE NOT AS QUALIFIED AS A VETERAN BEING CONSIDERED FOR THIS POSITION, TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL DETERMINE THE QUALIFICATIONS OF A COUNTY VETERANS AFFAIRS OFFICER, AND TO PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
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(R228, H. 3994 (Word version)) -- Reps. Barfield, Edge, Keegan, Kelley and Witherspoon: AN ACT TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE HORRY COUNTY BOARD OF REGISTRATION AND ELECTIONS WITH THE APPROVAL OF A MAJORITY OF THE HORRY COUNTY LEGISLATIVE DELEGATION.
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(R229, H. 4128 (Word version)) -- Rep. Bowers: AN ACT TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE SCOTIA PRECINCT FROM THE SCOTIA COMMUNITY HOUSE TO THE SCOTIA TOWN HALL.
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(R230, H. 4422 (Word version)) -- Reps. D. Smith and Littlejohn: AN ACT TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL OF THE DISTRICT FROM THREE TO FIVE MEMBERS.
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(R231, H. 4472 (Word version)) -- Rep. Davenport: AN ACT TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.
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(R232, H. 4478 (Word version)) -- Rep. Fleming: AN ACT TO AMEND SECTION 7-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN UNION COUNTY, SO AS TO CHANGE THE NAME OF CERTAIN VOTING PRECINCTS, DELETE THE LOCATIONS OF THE POLLING PLACES AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTION AND REGISTRATION OF UNION COUNTY WITH THE APPROVAL OF A MAJORITY OF THE UNION COUNTY LEGISLATIVE DELEGATION, AND DESIGNATE A MAP NUMBERED ON WHICH LINES OF THE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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(R233, H. 4496 (Word version)) -- Rep. D. Smith: AN ACT TO AMEND ACT 321 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM FIVE HUNDRED THOUSAND TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS.
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(R234, H. 4523 (Word version)) -- Reps. Stille, Townsend and Carnell: AN ACT 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.
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(R235, H. 4524 (Word version)) -- Rep. Easterday: AN ACT 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.
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At 12:40 P.M., on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business until 2:00 P.M., with Senator MARTIN retaining the floor on S. 544.
The Senate reassembled at 2:03 P.M., and was called to order by the PRESIDENT.
At 2:05 P.M., Senator LAND made the point that a quorum was not present.
Senator RYBERG moved that a Call of the Senate be made.
It was ascertained that a quorum was not present.
Senator LAND moved that the Senate stand adjourned.
A roll call vote was ordered.
Senator BRYAN made a Parliamentary Inquiry as to whether the motion for a Call of the Senate or the motion that the Senate stand adjourned occurred first.
Senator McCONNELL raised a Point of Order that in the absence of a quorum, both the motions are of equal value and the one made first has precedence.
Senator PEELER spoke on the Point of Order.
The PRESIDENT stated that, after the absence of a quorum was determined, Senator LAND was recognized and made a motion to adjourn and a roll call vote had been ordered on the motion to adjourn.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Bryan Drummond Elliott Fair Giese Grooms Hayes Hutto Land Leatherman Martin McConnell Mescher Moore Passailaigue Peeler Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Waldrep Washington Wilson
Leventis
The Senate refused to adjourn.
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 resumed consideration of the Bill. The question being the adoption of Amendment No. 14B (JUD0544.016) proposed by Senator WALDREP.
Senator MARTIN resumed arguing contra to the adoption of the amendment.
On motion of Senator MOORE, with unanimous consent, the Senate agreed to go into Executive Session.
On motion of Senator MOORE, the seal of secrecy was removed and the Senate resumed.
Senator MARTIN continued arguing contra to the adoption of Amendment No. 14B.
Senator PASSAILAIGUE spoke on the amendment.
On motion of Senator SALEEBY, with unanimous consent, members of the Insurance subcommittee were granted leave to attend a meeting, be counted in any quorum calls, and be granted leave to vote from the balcony.
Senator PASSAILAIGUE continued speaking on the amendment.
Senator LEVENTIS spoke on the amendment.
At 3:55 P.M., Senator MOORE requested a leave of absence beginning at 4:45 P.M. until 10:00 P.M.
At 3:55 P.M., Senator LAND requested a leave of absence beginning at 4:45 P.M. until 10:00 P.M.
At 3:55 P.M., Senator HUTTO requested a leave of absence beginning at 4:45 P.M. until 10:00 P.M.
At 3:55 P.M., Senator SHORT requested a leave of absence beginning at 4:45 P.M. until 10:00 P.M.
At 3:56 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 4:05 P.M., the Senate resumed.
Senator LEVENTIS argued contra to the adoption of the amendment.
At 4:07 P.M., Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Giese Glover Gregory Grooms Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator LAND spoke on the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Bryan Courson Fair Giese Gregory Grooms Hayes Jackson Leatherman Leventis Martin McGill Mescher Moore O'Dell Peeler Reese Richardson Russell Ryberg Setzler Smith, J. Verne Thomas Wilson
Elliott Glover Hutto Land Matthews McConnell Passailaigue Patterson Ravenel Short Waldrep Washington
Drummond (Present) Aye
Rankin (Absent) Nay
Amendment No. 14B was laid on the table.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment.
On motion of Senator LAND, with unanimous consent, the Senate was asked to observe a minute of silent prayer at 6:00 P.M. and convey its thoughts, prayers and continued good wishes for a speedy recovery to Mr. Robert Kneece, Sr. and his family during his illness.
At 4:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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