South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate

Tuesday, February 29, 2000

(Statewide Session)

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, perspective on our days and times contributes to our peace of mind. Hear a word from St. Luke, Chapter 21 (25-26):

"Jesus said to His disciples, 'And there will be signs in the sun

and moon and stars, and upon the earth distress of nations in

perplexity at the roaring of the sea and the waves, men fainting

with fear and with foreboding of what is coming on the world...

Now when these things begin to take place, look up and raise

your heads, because your redemption is drawing near'."
Let us pray.

Our Father, and the God of all mankind, grant us this day a serenity of heart, a peacefulness of spirit and the alertness of mind which will enable us to more clearly discern our tasks.

If we should be disturbed by the immediacy of our problems, give us the overview of the long range.

Renew our confidence in the sure knowledge that where there is a conflict between the wind and the tide, the outcome is never in doubt.
Amen.

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

COMMUNICATION

TO:       Members of the Senate
FROM:   Senator LEATHERMAN, Chairman, Ethics Committee
DATE:     February 29, 2000
RE:       Statement of Economic Interests form

The Ethics Law requires that a Statement of Economic Interests form be filed with county party officials when filing for election/re-election. Section 8-13-1356(B) states as follows:

"A candidate must file a statement of economic interests for

the preceding calendar year at the same time and with the

same official with whom the candidate files a declaration of

candidacy or petition for nomination."

Therefore, members who are seeking re-election this year should file a Statement of Economic Interests form for 1999 with their county party officials when they file their declaration of candidacy. The filing period for declaration of candidacy is Noon, March 16, 2000, through Noon, March 30, 2000.

The Ethics Law requires the Senate Ethics Committee to forward copies of Statements of Economic Interests to the State Ethics Commission. The State Ethics Commission is then required to forward copies to the Clerk of Court of the appropriate county.

The Statement of Economic Interests form for 1999 must also be filed with the Senate Ethics Committee on April 17, 2000, as stated in the paragraph below.

"Section 8-13-1110 - Section 8-13-1180 of the Code of Laws of South Carolina,

1976, as amended, requires Senators to file with the Senate Ethics

Committee a Statement of Economic Interests for the preceding

calendar year. This Statement of Economic Interests form is due

in the office of the Senate Ethics Committee on April 15th of each

year. Since April 15 falls on a Saturday this year, the form is due

by the close of business on Monday, April 17, 2000."

* * *

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2480
Agency: Department of Health and Environmental Control
SUBJECT: X-Rays (Title B)
Received by Lieutenant Governor February 28, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration June 27, 2000

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2463
Promulgated by Department of Labor, Licensing and Regulation, Board of Chiropractic Examiners
Received by Lt. Governor January 11, 2000
Referred to Senate Medical Affairs Committee
Legislative Review Expiration May 9, 2000
Revised May 15, 2000
House Medical, Military, Public and Municipal Affairs Committee Requested Withdrawal
120 Day Period Tolled
Withdrawn and Resubmitted February 29, 2000

Doctor of the Day

Senator RAVENEL introduced Dr. Gerald Harmon of Pawley's Island, S.C., Doctor of the Day.

Leave of Absence

At 3:25 P.M., Senator COURSON requested a leave of absence from 9:00 P.M. Wednesday, March 1, 2000, until 11:00 A.M. Thursday, March 2, 2000.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1188 (Word version) -- Senator Courson: A SENATE RESOLUTION TO CONGRATULATE SENATOR HUGH KENNETH LEATHERMAN, SR. OF FLORENCE COUNTY FOR HIS 20 YEARS OF DISTINGUISHED SERVICE TO THE SENATE AND THE PEOPLE OF SOUTH CAROLINA.
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The question then was the adoption of the Senate Resolution.

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

AYES

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      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

Total--44

NAYS

Total--0

The Senate Resolution was adopted.

S. 1189 (Word version) -- Senator Courson: A SENATE RESOLUTION TO CONGRATULATE SENATOR GLENN F. MCCONNELL OF CHARLESTON COUNTY FOR TWENTY YEARS OF DISTINGUISHED SERVICE TO THE SENATE AND THE PEOPLE OF SOUTH CAROLINA.
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The question then was the adoption of the Senate Resolution.

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

AYES

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Richardson                Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson

Total--44

NAYS

Total--0

The Senate Resolution was adopted.

S. 1190 (Word version) -- Senator Courson: A SENATE RESOLUTION TO CONGRATULATE SENATOR HARVEY SMITH PEELER, JR. OF CHEROKEE COUNTY FOR TWENTY YEARS OF DISTINGUISHED SERVICE TO THE SENATE AND THE PEOPLE OF SOUTH CAROLINA.
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The question then was the adoption of the Senate Resolution.

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

AYES

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
Rankin                    Ravenel                   Reese
Richardson                Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson

Total--44

NAYS

Total--0

The Senate Resolution was adopted.

S. 1191 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS OF TITLE 47, SO AS TO CHANGE THE MAXIMUM PENALTIES FOR CERTAIN VIOLATIONS FROM A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN THAT AMOUNT AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT OR IMPRISONMENT FOR NOT MORE THAN THAT PERIOD OF TIME AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT; TO AMEND SECTION 47-11-90, AS AMENDED, RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE, SO AS TO DELETE PROVISIONS RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE FOR DAIRY AND BREEDING PURPOSES BEFORE THEY ARE REMOVED FROM A PUBLIC LIVESTOCK AUCTION MARKET AND PROVIDE THAT, WHEN CONSIDERED ADVISABLE BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION, ALL ANIMALS EXCEPT THOSE FOR IMMEDIATE SLAUGHTER MUST BE TESTED FOR BRUCELLOSIS BEFORE BEING REMOVED FROM STOCKYARDS OR OTHER PREMISES WHERE ANIMALS ARE HELD FOR SALE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO HORSES ENTERING THE STATE BEING TESTED FOR EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE THAT THE HORSE MUST BE ACCOMPANIED BY AN OFFICIAL TEST CHART SHOWING THAT THE HORSE REACTED NEGATIVELY TO THE TEST WITHIN THE TWELVE MONTHS BEFORE ENTRY; TO AMEND SECTION 47-13-1390, AS AMENDED, RELATING TO FALSE COGGINS TEST CERTIFICATES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF HAVING A FALSE OR FORGED CERTIFICATE MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-13-1400, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF EQUINE INFECTIOUS ANEMIA TESTING REQUIREMENTS, SO AS TO PROVIDE THAT A PERSON VIOLATING THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 47, RELATING TO EQUINE INFECTIOUS ANEMIA, MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-15-10, RELATING TO THE DEFINITION OF "GARBAGE", SO AS TO STRIKE VEGETABLE WASTE FROM THE DEFINITION AND TO FURTHER PROVIDE THAT UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS ARE ANIMAL WASTE; TO AMEND SECTION 47-17-100, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-17-60, 47-17-70, AND 47-17-80 REGULATING MEAT AND MEAT FOOD PRACTICES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130, AND TO PROVIDE FURTHER PENALTIES IF A VIOLATION INVOLVES INTENT TO DEFRAUD OR DISTRIBUTION OF AN ADULTERATED ARTICLE; AND TO AMEND SECTION 47-19-120, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-19-70, 47-19-80, 47-19-90, 47-19-100, AND 47-19-110 REGULATING POULTRY PRODUCTS INSPECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1192 (Word version) -- Senators Bauer, Reese, Mescher, Holland, Russell, Giese, Leatherman, Ravenel, Leventis, Branton, McConnell, Ryberg, O'Dell, McGill, Ford, Patterson, Grooms, Wilson, Peeler, Thomas, Matthews, Courson, Rankin and Fair: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORAL PUNISHMENT IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A SCHOOL DISTRICT THAT HAS ADOPTED A POLICY PERMITTING CORPORAL PUNISHMENT AND ITS EMPLOYEES ARE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY ARISING FROM A STUDENT OF THE DISTRICT BEING ADMINISTERED CORPORAL PUNISHMENT IN ACCORDANCE WITH THE DISTRICT'S POLICY, TO PROVIDE THAT THE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY DOES NOT APPLY WHERE CORPORAL PUNISHMENT IS ADMINISTERED IN A GROSSLY NEGLIGENT OR RECKLESS MANNER AND RESULTS IN A SERIOUS OR PERMANENT INJURY TO THE PUPIL AND TO REQUIRE THE OFFERING OF ALTERNATIVE PUNISHMENTS TO PARENTS BEFORE CORPORAL PUNISHMENT TO THEIR CHILD MAY BE ADMINISTERED.
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Read the first time and referred to the Committee on Education.

S. 1193 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1993 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.
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Read the first time and referred to the Committee on Finance.

S. 1194 (Word version) -- Senators Drummond, Leventis, Anderson, Patterson, Land, Bryan, Richardson, Matthews, Washington, Hayes, Hutto, Saleeby, McGill, Rankin and Gregory: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-490 AND 1-11-500, 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 AND TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS, TO ADD A NEW ARTICLE TO CHAPTER 11 OF TITLE 1, RELATING TO LEGAL HOLIDAYS FOR PERMANENT STATE EMPLOYEES, TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS, AND TO DESIGNATE THIS ACT AS THE SOUTH CAROLINA HISTORICAL MONUMENTS AND MEMORIALS PROTECTION ACT.
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Senator McCONNELL moved under Rule 19 to refer the Bill to the Committee on Judiciary.

Senator MOORE spoke on the motion.

Senator DRUMMOND spoke on the motion.

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

S. 1195 (Word version) -- Senator Land: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO REMOVE THE PROHIBTION AGAINST THE USE OF STATE FUNDS FOR EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
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Read the first time and referred to the Committee on Judiciary.

S. 1196 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-57, SO AS TO PROVIDE THAT EMPLOYEES OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY ARE CONSIDERED STATE EMPLOYEES FOR ALL PURPOSES OF LAW, REGULATION, AND POLICY AND PROVIDE A NONDISPOSITIVE LISTING OF STATE PERSONNEL PROVISIONS APPLICABLE TO PUBLIC SERVICE AUTHORITY EMPLOYEES, AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO DELETE THE EXEMPTION FOR THE PUBLIC SERVICE AUTHORITY.
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Read the first time and referred to the Committee on Judiciary.

S. 1197 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.
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Senator THOMAS spoke on the Bill.

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

S. 1198 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-415 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO BE RESPONSIBLE FOR FUNDING EACH COUNTY SHERIFF'S SITE PREPARATION AND MAINTENANCE COSTS AS PART OF A STATEWIDE COMPUTERIZED SEX OFFENDER REGISTRY NETWORK.
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Read the first time and referred to the Committee on Judiciary.

S. 1199 (Word version) -- Senators Wilson and Courson: A JOINT RESOLUTION TO PROHIBIT THE CITING OF PERSONS FOR DRIVING A MOTOR VEHICLE WITH AN EXPIRED REGISTRATION FOR THE MONTHS OF MARCH AND APRIL, 2000, AND TO REVISE LATE REGISTRATION FEES FOR REGISTERING THESE VEHICLES IF THE MAILING OF TAX BILLS FOR THE VEHICLE WAS DELAYED TO ASSURE CORRECT VALUES ON THOSE BILLS.
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Read the first time and referred to the Committee on Transportation.

S. 1200 (Word version) -- Senator Washington: A BILL TO PROVIDE ANNUAL SALARIES FOR THE MEMBERS AND THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT, AND TO PROVIDE THAT THESE SALARIES MUST BE IN LIEU OF PER DIEM AND MILEAGE ALLOWANCES FOR MEETINGS OF THE BOARD.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1201 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO EXPRESS THE DISAGREEMENT OF THE SENATE WITH THE POLICIES OF BOB JONES UNIVERSITY CONCERNING INTERRACIAL DATING AND INTERRACIAL MARRIAGE.
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Senator JACKSON spoke on the Resolution.

Senator FAIR spoke on the Resolution.

Senator JACKSON asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senators FAIR and MARTIN objected.

The Senate Resolution was introduced and referred to the General Committee.

H. 4205 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-101-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEANS' COMMITTEE ON MEDICAL DOCTOR EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE DEANS' COMMITTEE ON MEDICAL EDUCATION, TO REVISE THE MEMBERSHIP OF THE COMMITTEE, THE MANNER IN WHICH THE CHAIRMAN IS SELECTED, AND THE FUNCTIONS OF THE COMMITTEE.

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

H. 4441 (Word version) -- Reps. Cato, Cooper and Tripp: 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.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4469 (Word version) -- Reps. D. Smith, Harrison, Cotty, Delleney, Maddox and McGee: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING SECTION 16-13-550 ENTITLED THE "PERSONAL INFORMATION PRIVACY ACT OF 2000" SO AS TO PROVIDE FOR THE OFFENSE OF IDENTITY FRAUD WHICH IS THE KNOWING ACCESS TO, RELEASE, DISCLOSURE, OR USE OF PERSONAL INFORMATION ABOUT AN INDIVIDUAL WITHOUT OBTAINING THE PRIOR WRITTEN AUTHORIZATION OF THE INDIVIDUAL; TO PROVIDE PENALTIES; AND TO PROVIDE FOR A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY PERSONAL INFORMATION PRIVACY ISSUES, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THE STUDY COMMITTEE SHALL REPORT TO THE GENERAL ASSEMBLY BY OCTOBER 15, 2000.

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

H. 4660 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

Read the first time and, on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Calendar without reference.

H. 4665 (Word version) -- Rep. Klauber: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENWOOD 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 ordered placed on the Local and Uncontested Calendar without reference.

H. 4668 (Word version) -- Reps. Walker, Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn and D. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24 AND 25, 2000, BY THE STUDENTS AND TEACHERS OF SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7 DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF INCLEMENT WEATHER AND THE SCHOOL DAY MISSED ON JANUARY 26, 2000, BY THE STUDENTS AND TEACHERS OF SPARTANBURG COUNTY SCHOOL DISTRICT 4 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4675 (Word version) -- Reps. Harrison, Wilkins, 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, 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, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND AND HONOR CHIEF JUSTICE ERNEST A. FINNEY, JR., UPON HIS RETIREMENT FROM AN EXEMPLARY CAREER OF PUBLIC SERVICE, A CAREER WHICH INCLUDED SERVICE AS A LEGISLATOR, A CIRCUIT COURT JUDGE, AN ASSOCIATE JUSTICE OF THE SUPREME COURT, AND NOW, AS ITS CHIEF JUSTICE; TO RECOGNIZE THE IMPORTANT ROLE HE HAS PLAYED IN SOUTH CAROLINA'S HISTORY LEADING THE WAY FOR AFRICAN-AMERICANS SERVING IN PUBLIC LIFE IN THIS STATE; TO COMMEND HIM FOR HIS LIFE-LONG WORK AND DEDICATION TO IMPROVING THE LIVES AND WELL-BEING OF ALL CITIZENS OF THIS GREAT STATE; AND TO FURTHER WISH HIM GODSPEED IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 4676 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE .F REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2000, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 4686 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION TO COMMEND REID COGGINS, AN EIGHTEEN-YEAR-OLD HIGH SCHOOL STUDENT FROM FORT MILL, UPON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO YOUTH VOLUNTEERS FOR THE YEAR 2000 IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS.

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

H. 4687 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL BAND OF FORT MILL HIGH SCHOOL IN YORK COUNTY, AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY.

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

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1186 (Word version) -- Senators Matthews and Hutto: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE.

(By prior motion of Senator MATTHEWS)

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment.

Senator ELLIOTT proposed the following amendment (688R002.DE), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 21 through 24 and inserting in lieu thereof the following:

/   "(i)   'Drought indices' means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, and sustained decline in potable drinking water supplies."   /

Amend the bill further, as and if amended, page 2, by striking line 31 and inserting in lieu thereof the following:

/   "variables, streamflow, and water level in potable drinking water supplies and water levels in the above and below ground water tables and lakes, will"     /

Amend the bill further, as and if amended, page 3, by striking line 37 and inserting in lieu thereof the following:

/   "resources in streams, lakes, and potable drinking water supplies and water levels in the above and below ground water tables of the State, but this"     /

Amend the bill further, as and if amended, page 6, by striking line 22 and inserting in lieu thereof the following:

/   "use and minimum water levels in the potable drinking water supplies and the above and below ground water tables. The department by"     /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT 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.

SECOND READING BILL

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

S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.

Senator RAVENEL spoke on the Bill.

Co-Sponsor Added

On motion of Senator PEELER, with unanimous consent, the name of Senator PEELER was added as a co-sponsor of S. 1062.

OBJECTION

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.

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

Senator PATTERSON spoke on the Bill.

Senator PATTERSON objected to further consideration of the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, 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. 27 (544R012.JCL) proposed by Senators LAND, PASSAILAIGUE and McCONNELL and previously printed in the Journal of Thursday, February 24, 2000.

Senator McCONNELL was recognized.

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

RECESS

At 1:00 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.

  AFTERNOON SESSION

The Senate reassembled, at 2:30 P.M., and was called to order by the PRESIDENT.

DEBATE INTERRUPTED

S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, 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. 27 (544R012.JCL) proposed by Senators LAND, PASSAILAIGUE and McCONNELL and previously printed in the Journal of Thursday, February 24, 2000.

Senator McCONNELL was recognized.

Point of Quorum

At 2:30 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator LEVENTIS moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hayes                     Hutto
Land                      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.

Recorded Presence

Senators JACKSON and RANKIN recorded their presence subsequent to the Call of the Senate.

Senator McCONNELL spoke on the amendment.

RECESS

At 3:23 P.M., with Senator McCONNELL retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 3:33 P.M., the Senate resumed.

Senator McCONNELL resumed speaking on the amendment.

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

ADJOURNMENT

At 3:40 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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