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


Printed Page 2090 . . . . . Tuesday, April 11, 2000

Tuesday, April 11, 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, hear the Psalmist as he tells his story in Psalm 40 (1ff.):

"I waited patiently for the Lord;

He inclined to me and heard my cry.

He drew me up from the desolate pit out of the miry bog, and

set my feet upon a rock, making my steps secure.

He put a new song in my mouth."
Let us pray.

O Lord, our Lord God, give us a new song. We beseech Your Majesty, GIVE US A NEW SONG.

Pull us up from the desolate pit, out of the miry bog!

We confess that as members of the human race, we and our ancestors did, indeed, dig our own desolate pit. We, indeed, prepared our own bed... the "miry bog."

We sinned! We erred! We dissembled, concealing our own real motivations under the guise of political and economic necessities! We feigned our own innocence!

We haven't loved You with our whole heart! We have not loved our neighbor as ourselves!

But, give us the nerve to earnestly pray: Forgive us and deliver us out of this messy pit... this miry bog!

Put a new song in our mouth!
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Reappointment, Horry County Board of Voter Registration, with


Printed Page 2091 . . . . . Tuesday, April 11, 2000

term to commence March 15, 2000, and to expire March 15, 2002:

Herman Watson, 3905 Hill Street, Loris, S.C. 29569

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

J. Conrad Hetzer, 305 Ocean View Drive, Myrtle Beach, S.C. 29572

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:
Document No. 2511
Agency: Department of Natural Resources
SUBJECT: Hunt Units and Wildlife Management Area Regulations
Received by Lieutenant Governor April 6, 2000
Referred to Fish Game and Forestry Committee
Legislative Review Expiration August 4, 2000 (Subject to Sine Die Revision)

Doctor of the Day

Senator MOORE introduced Dr. James J. Hill of Aiken, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator ALEXANDER, at 12:10 P.M., Senator WALDREP was granted a leave of absence until 1:00 P.M.

Leave of Absence

On motion of Senator ALEXANDER, at 12:10 P.M., Senator RUSSELL was granted a leave of absence until 1:00 P.M.

Leave of Absence

On motion of Senator McGILL, at 12:10 P.M., Senator O'DELL was granted a leave of absence for the week.

RECALLED

S. 858 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 62-5-433 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETTLEMENT OF CLAIMS OF MINORS AND INCAPACITATED PERSONS SO AS TO PROVIDE THAT "COURT" FOR THE PURPOSE OF APPROVAL OF SETTLEMENTS OF CLAIMS OF MINORS AND


Printed Page 2092 . . . . . Tuesday, April 11, 2000

INCAPACITATED PERSONS INCLUDES THE CIRCUIT COURT OR THE PROBATE COURT OF THE COUNTY WHERE SUIT IS PENDING.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 1311 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.

Senator HOLLAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.

There was no objection.

The Resolution was ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1325 (Word version) -- Senator Setzler: A SENATE RESOLUTION RECOGNIZING AND HONORING THE REVEREND DONALD P. DAVIS FOR TWENTY-FIVE YEARS OF DEVOTED AND OUTSTANDING SERVICE AS PASTOR OF TRINITY BAPTIST CHURCH OF WEST COLUMBIA.
l:\council\bills\psd\7179jm00.doc

The Senate Resolution was adopted.

H. 3875 (Word version) -- Reps. Robinson and H. Brown: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF GENERAL TAX INCREASES OR NEW GENERAL TAXES IN THE ANNUAL GENERAL APPROPRIATIONS ACT OR IN SUPPLEMENTAL APPROPRIATIONS ACTS, SO AS TO PROHIBIT IN SUCH ACTS ANY PERMANENT LAW PROVISIONS AFFECTING THE VARIOUS STATE RETIREMENT SYSTEMS.

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


Printed Page 2093 . . . . . Tuesday, April 11, 2000

H. 4869 (Word version) -- Rep. Harris: A BILL TO ENACT THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN CHESTERFIELD COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

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

REPORT OF STANDING COMMITTEE

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC FIREMEN'S ASSOCIATION to attend a luncheon on the State House grounds on Tuesday, April 25, 2000, immediately upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   Passailaigue
McGill                    Washington                Reese

TOTAL--9

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the THE CITADEL ALUMNI ASSOCIATION to attend a barbeque supper in the Cantey Building at the State Fairgrounds on Tuesday, April 25, 2000, from 6:30 until 10:00 P.M.


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Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   Passailaigue
McGill                    Washington                Reese

TOTAL--9

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC SCHOOL FOR THE DEAF AND BLIND to attend a luncheon drop-in in 221 Blatt Bldg. on Wednesday, April 26, 2000, upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   Passailaigue
McGill                    Washington                Reese

TOTAL--9

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC JUNIOR GOLF FOUNDATION to attend a reception at Billy G's on Wednesday, April 26, 2000, from 6:00 until 8:00 P.M.


Printed Page 2095 . . . . . Tuesday, April 11, 2000

Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   Passailaigue
McGill                    Washington                Reese

TOTAL--9

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations polled out S. 1309 favorable:

S. 1309 (Word version) -- Senator Courson: A SENATE RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE ON THURSDAY, JUNE 15, 2000, AND FRIDAY, JUNE 16, 2000.

Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   Passailaigue
McGill                    Washington                Reese

TOTAL--9

NAYS

TOTAL--0

Ordered for consideration tomorrow.

CONCURRENCE

S. 95 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE


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FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.

The House returned the Bill with amendments.

On motion of Senator GIESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4860 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD OCONEE COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A


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REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD OCONEE COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

By prior motion of Senator HOLLAND, with unanimous consent

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.

H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.

THIRD READING BILLS

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

S. 389 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 41, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM ATTACHMENT LEVY AND SALE, BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FROM ATTACHMENT FOR A


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DISABILITY BENEFIT PROVIDED IN SECTION 15-41-30 SHALL NOT APPLY WITH RESPECT TO A LEVY OR EXECUTION OF A JUDGMENT FOR RESTITUTION OR A CIVIL JUDGMENT CONVERTED FROM A RESTITUTION ORDER.

S. 1058 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE VALID COURT ORDER; TO AMEND SECTION 20-7-7810, RELATING TO COMMITMENT OF CHILDREN, SO AS TO PROVIDE THAT A CHILD WHO COMMITS A STATUS OFFENSE MAY BE COMMITTED TO THE CUSTODY OF A CORRECTIONAL INSTITUTION ONLY IF THE CHILD HAS BEEN FOUND IN CONTEMPT OF COURT OR HAS VIOLATED THE CONDITIONS OF PROBATION.

S. 1321 (Word version) -- Senator Rankin: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY ADDING CHAPTER 20, SO AS TO ENACT THE "LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT" BY PERMITTING LAW ENFORCEMENT AGENCIES OF THIS STATE TO ENTER INTO CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS TO INCLUDE CERTAIN PROVISIONS RELATING TO THE SERVICES PROVIDED, TO REQUIRE THAT OFFICERS OF THE LAW ENFORCEMENT PROVIDER BE UNDER THE IMMEDIATE CONTROL AND SUPERVISION OF THE CONTRACTING AGENCY, AND TO ALLOW THE GOVERNOR TO WAIVE THE CONTRACTUAL REQUIREMENTS OF THIS CHAPTER DURING A NATURAL DISASTER.

By prior motion of Senator HOLLAND, with unanimous consent

SECOND READING BILLS

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

S. 1297 (Word version) -- Senators Short, Peeler, J. Verne Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby: A BILL TO AMEND SECTIONS 40-15-80 AND 40-15-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS,


Printed Page 2099 . . . . . Tuesday, April 11, 2000

DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS UNDER WHICH THEY MAY BE ADMINISTERED.

S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. Verne Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.

CARRIED OVER

S. 1272 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE; AND TO AMEND SECTION 16-1-60, SO AS TO PROVIDE THAT THE OFFENSES OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND ALLOWING GREAT BODILY INJURY TO BE INFLICTED UPON A CHILD ARE ADDED TO THE LIST OF VIOLENT CRIMES.

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

CARRIED OVER

H. 3266 (Word version) -- Reps. D. Smith, J. Brown, W. McLeod and Miller: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.

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


Printed Page 2100 . . . . . Tuesday, April 11, 2000

S. 1322 (Word version) -- Senators Holland and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

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

AMENDED, CARRIED OVER

S. 771 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION.

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

Senator MARTIN proposed the following amendment (771R003.LAM), which was adopted:


Printed Page 2101 . . . . . Tuesday, April 11, 2000

Amend the bill, as and if amended, page 1, line 38, by adding after the word / commission. / a new sentence to read:

/   No polling place in this State may employ more than one sixteen- or seventeen-year old assistant poll manager.     /

Amend the bill further, as and if amended, by striking the title in its entirety and inserting in lieu thereof:

/   TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION, AND TO PROVIDE THAT NO POLLING PLACE MAY EMPLOY MORE THAN ONE ASSISTANT POLL MANAGER. /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

On motion of Senator MOORE, with unanimous consent, Bill was carried over, as amended.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.


Printed Page 2102 . . . . . Tuesday, April 11, 2000

Senator WILSON asked unanimous consent to make a motion to set the Bill for Special Order.

Senator MOORE objected.

The question then was the motion to make the Bill a Special Order.

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

Ayes 33; Nays 4

AYES

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Fair                      Giese
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Martin
Matthews                  McGill                    Mescher
Moore                     Passailaigue              Peeler
Ravenel                   Richardson                Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Washington                Wilson

Total--33

NAYS

Ford                      Leventis                  McConnell
Patterson

Total--4

The Bill was made a Special Order.

MADE SPECIAL ORDER

H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand,


Printed Page 2103 . . . . . Tuesday, April 11, 2000

Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.

Senator MOORE asked unanimous consent to make a motion to make the Bill a Special Order.

Senator RYBERG objected.

The question then was the motion to make the Bill a Special Order.


Printed Page 2104 . . . . . Tuesday, April 11, 2000

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

Ayes 32; Nays 3

AYES

Alexander                 Anderson                  Branton
Bryan                     Courson                   Drummond
Fair                      Giese                     Grooms
Hayes                     Holland                   Hutto
Jackson                   Land                      Leatherman
Leventis                  Martin                    Matthews
McGill                    Mescher                   Moore
Passailaigue              Patterson                 Peeler
Ravenel                   Richardson                Setzler
Short                     Smith, J. Verne           Thomas
Washington                Wilson

Total--32

NAYS

Bauer                     McConnell                 Ryberg

Total--3

The Bill was made a Special Order.

RECOMMITTED

S. 1215 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-25-60, SO AS TO PROVIDE THAT ACTIONS BE PLACED ON THE DOCKET OF THE COURT OF COMMON PLEAS WITHIN ONE HUNDRED EIGHTY DAYS OF THE FILING OF THE INITIAL COMPLAINT.

Senator MOORE moved to recommit the Bill to the Committee on Judiciary.

The Bill was recommitted to the Committee on Judiciary.

MOTION ADOPTED

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.


Printed Page 2105 . . . . . Tuesday, April 11, 2000

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

DEBATE ADJOURNED

S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

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

Senator MOORE moved to adjourn debate on the Bill until May 9, 2000.

Point of Order Withdrawn

Senator McCONNELL raised a Point of Order that unanimous consent would be required to adjourn debate until a certain date.

Senator McCONNELL withdrew the Point of Order.

Debate was adjourned on the Bill until May 9, 2000.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Herman Watson, 3905 Hill Street, Loris, S.C. 29569


Printed Page 2106 . . . . . Tuesday, April 11, 2000

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

J. Conrad Hetzer, 305 Ocean View Drive, Myrtle Beach, S.C. 29572

MOTION ADOPTED

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Edward F. Baker of Kershaw, S.C.

ADJOURNMENT

At 12:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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