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

Printed Page 544 . . . . . Thursday, January 27, 2000

Thursday, January 27, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of the Prophet Isaiah, Chapter 30: 15-21:

"Thine ears shall hear a word behind thee saying,

'This is the way, walk you in it,

When you turn to the right hand

Or when you turn to the left ...' "
Let us pray.

Father, give us the sense of both a world view and a long view and an immediate view.

When we cannot go as fast as we wish, help us to keep going in the right direction.

As we go home today, let us go with the words of the hymnist, Thomas Chisholm, when he sang:

"Great is they faithfulness! Great is thy faithfulness!

Morning by morning new mercies I see,

All I have needed Thy hand hath provided;

Great is Thy faithfulness, Lord, unto me!
Amen.

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 1999, and to expire June 30, 2003:

1st Congressional District:

Burnet Mendelsohn, 5 Sheridan Road, Charleston, S.C. 29407 VICE Eaddy Lyn Roe

Referred to the Committee on Judiciary.

Printed Page 545 . . . . . Thursday, January 27, 2000

Reappointment, Director, Department of Public Safety, with term to commence February 1, 2000, and to expire February 1, 2004:

B. Boykin Rose, 19 Church Street, Charleston, S.C. 29401

Referred to the Committee on Judiciary.

Reappointment, Director of the South Carolina Law Enforcement Division, with term to commence February 1, 2000, and to expire February 1, 2006:

Robert McIver Stewart, 2064 Watermark Place, Columbia, S.C. 29210

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1997, and to expire May 31, 2000:

Residential Appraisers - Gen.:

Peggy Cox, Cox and Asst. Real Estate Appraisals, 710 East Mullins Street, Marion, S.C. 29571 VICE John M. Little, III

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 2000, and to expire May 31, 2003:

Residential Appraisers - Gen.:

Peggy Cox, Cox and Asst. Real Estate Appraisals, 710 East Mullins Street., Marion, S.C. 29571

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 1999, and to expire June 30, 2003:

3rd Congressional District:

Alvin B. Roberts, A. B. Roberts Construction Co., Inc. 1234 Railroad Street, Anderson, S.C. VICE Eugene G. Beckman, III

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1997, and to expire June 9, 2000:

Printed Page 546 . . . . . Thursday, January 27, 2000

Nursing Home Consumer:

Brenna B. DeLaine, 200 Atrium Way, Apartment 1401, Columbia, S.C. 29223 VICE M. Pat Tanner

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 2000, and to expire June 9, 2003:

Nursing Home Consumer:

Brenna B. DeLaine, 200 Atrium Way, Apartment 1401, Columbia, S.C. 29223

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1999, and to expire June 9, 2002:

Nursing Home Administrator:

David Benjamin Buckshorn, Wesley Commons, 1110 Marshall Rd., Greenville, S.C. 29646 VICE Walter E. Hickman

Referred to the Committee on Medical Affairs.

Initial Appointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:

General Public:

Karen Jean Settana, 3409 Monroe St., Columbia, S.C. 29205

Referred to the Committee on Transportation.

Reappointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002:

General Public:

Karen Jean Settana, 3409 Monroe St., Columbia, S.C. 29205

Referred to the Committee on Transportation.

Printed Page 547 . . . . . Thursday, January 27, 2000

COMMUNICATION RECEIVED

The family of Heyward E. McDonald acknowledges
with grateful appreciation your kind expression of
sympathy
January 23, 2000

Members and Staff of the S.C. Senate
S.C. State House
Gervais at Main Street
Columbia, SC 29201

Dear Friends:

Thank you so much for sending the beautiful basket of yellow glads, red roses and carnations in memory of Heyward.

We have been overwhelmed and humbled by the outpouring of kindness from Heyward's friends and colleagues.

He was a great man and an inspiration to many, including his family.

Thank you for your gift in honor of him.

Sincerely,

/s/ Sylvia McDonald
4827 Devereaux Rd.
Columbia, SC 29205

Doctor of the Day

Senator GREGORY introduced Dr. Andrew (Andy) Pate of Lancaster, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator J. Verne Smith, at 11:10 A.M., Senator DRUMMOND was granted a leave of absence for today.

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

Printed Page 548 . . . . . Thursday, January 27, 2000

Remarks by Senator PASSAILAIGUE

Thank you, Mr. PRESIDENT.

Ladies and gentlemen, I rise today to recognize one of our colleagues, Senator WASHINGTON, who was elected to the Employment Security Commission yesterday. I have mixed feelings in this regard. I probably speak from, I guess ninety-nine and nine-tenths percent of everybody in here.

We all have, I think, mixed feelings regarding the Senator from Charleston, Senator WASHINGTON, getting a majority vote in that election and we wish him well. But, I think that if you look at people that are hard to replace on the floor of the South Carolina Senate, not to mention in local politics and state politics and national politics, one is Senator McKINLEY WASHINGTON. If there ever was a bridge-builder in South Carolina, it's Senator WASHINGTON.

I just remember when I first was thinking about running for office back around 1987, Senator WASHINGTON didn't know me from Adam's housecat, and I must have made some kind of impression on him because he decided to support me. I wanted to say that was pretty courageous of him because actually I was running against a very fine black lady he knew and he knew well. He still decided to support my candidacy. It's something I'll never forget. That trust, I hope, has been paid back, Senator WASHINGTON. I just think, on behalf of the entire Senate, we just want to say to you how much you really mean to this body and how much you've meant to this body and the Legislature and the State of South Carolina.

We're going to miss you in the legislative process, but we certainly look forward to your many years of service in the Employment Security Commission.

* * *

Remarks by Senator J. VERNE SMITH

I have to brag on my Preacher a little bit, too. I never will forget, years ago McKINLEY WASHINGTON at the State Democratic Convention. We had a fellow named Sam Hunt from Greenville. He was a wonderful fellow. He'd been Treasurer of the S.C. Democratic Party for years and he was one of the few bankers that were a Democrat so we were proud of him. He wanted to be Chairman of the S.C. Democratic Party. He and my son had been to the National Democratic Convention several times and I wasn't even going to the state convention that year. But, he said, 'Verne, I want you to nominate me.

Printed Page 549 . . . . . Thursday, January 27, 2000
If you'll just nominate me, I'll just be your friend. I'll swim the English Channel for you. ' I said, 'Well, I'll nominate you if you want me to that badly.'

They called on me. I got up there and, I believe, I made the best nominating speech I ever made in my life. And, I've made some plum good ones. Those people were just clapping and swaying, and I was wiping my head and I was saying 'Amen.' I just thought I had it locked down.

Then, they called on Preacher McKinley Washington to nominate the next fellow. I'm telling you if he didn't outdo me. It was just like a little boy and a man sent on the same job. He had those people standing up and clapping and saying, 'Right on, brother, right on. Amen. Right on!'

He beat me about three or two to one at least. I said, 'Now, that's a fellow who bears watching.' I'll tell you I've had my eye on him ever since.

We are going to miss you, Preacher. I know you'll do a good job where you're going. It has been a great honor to serve with you and you are a plum nice fellow. Sometimes, you aren't good enough for them foot-of-the-mountain boys, but I know where you live and for two hundred years y'all have been carrying money towards the seashore. But, now that you are in a statewide position, you've got to think a little more of those foot-of-the-mountain boys. Give them a good fair shake. Don't keep all the money going down to Charleston; kind of spread it out a little and let us have a child's part.

* * *
Remarks by Senator SETZLER

Mr. PRESIDENT, ladies and gentlemen of the Senate.

Senator from Beaufort, Senator WASHINGTON, I wasn't going to say anything until later in the session when the Senator from Colleton leave us.

I can't let this opportunity go by without saying something. I may be wrong, but, I believe, I worked as closely or closer with the Senator from Colleton than any member of this body. I can tell you of his service on the Education Committee and especially on the Senate subcommittee on education that I chair. I don't know of a gentleman who has served in this body who has been more dedicated to the people of South Carolina and to the young children of South Carolina in educating all children of South Carolina, Senator, than you have.

Printed Page 550 . . . . . Thursday, January 27, 2000

Anytime we have had a difficult issue in the Education Committee and, you've picked on me many times about calling on you, you've been there. When we've had meetings, it may not have been on legislative days, but Senator WASHINGTON is here. He does his job and has done his job, not only for his constituents but for every South Carolinian. This body will miss Senator WASHINGTON. There are many giants who have served in this body, Senator. There is none who is any bigger than you are and we thank you for what you've done.

* * *

On motion of Senator GIESE, with unanimous consent, the Remarks by Senators PASSAILAIGUE, J. VERNE SMITH and SETZLER were ordered printed in the Journal.

RECALLED

S. 992 (Word version) -- Senators McConnell and Passailaigue: A JOINT RESOLUTION TO AMEND PROVISO 50.9 OF PART IB OF ACT 100 OF 1999, THE GENERAL APPROPRIATION ACT, SO AS TO CLARIFY THE INTENT OF THE GENERAL ASSEMBLY IN DIRECTING THE COMMISSIONERS OF PILOTAGE TO USE A DESIGNATED APPROPRIATION SPECIFICALLY FOR THE SUPPORT OF A MARITIME EXCHANGE SYSTEM.

Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

The Joint Resolution was recalled and ordered placed on the Calendar.

RECALLED AND ADOPTED

S. 1016 (Word version) -- Senators Holland, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, Leventis, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms and Bauer: A SENATE RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE JOHN W. DRUMMOND OF NINETY-SIX TO BE PLACED IN THE SENATE CHAMBER AS A TRIBUTE TO A PATRIOT, A MILITARY HERO, A LOYAL AND COMPASSIONATE PUBLIC SERVANT, AND A DISTINGUISHED STATESMAN.

Printed Page 551 . . . . . Thursday, January 27, 2000

Senator HOLLAND asked unanimous consent to make a motion to recall the Resolution from the Operations and Management Committee.

There was no objection.

Senator HOLLAND asked unanimous consent to take the Senate Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.

On motion of Senator HOLLAND, with unanimous consent, the Senate Resolution was adopted.

RECALLED AND ADOPTED

S. 1071 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 176 FROM S.C. 202 TO S.C. 213 IN NEWBERRY COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Senator LAND asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House of Representatives.

RECALLED AND ADOPTED

H. 4414 (Word version) -- Reps. Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE 85 WHICH IS COMMONLY KNOWN AS BUSINESS I-85 IN SPARTANBURG COUNTY AS THE "VETERANS PARKWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE INTERSTATE CONTAINING THE WORDS "VETERANS

Printed Page 552 . . . . . Thursday, January 27, 2000
PARKWAY" IN HONOR OF THE NUMEROUS CONTRIBUTIONS OF THE MANY SPARTANBURG CITIZENS WHO HAVE HONORABLY SERVED IN THE SEVERAL BRANCHES OF THE ARMED FORCES OF THE UNITED STATES.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Senator LAND asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House of Representatives.

RECALLED, CONCURRED IN HOUSE AMENDMENTS
ENROLLED FOR RATIFICATION

S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL 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 DAY CARE 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 DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE 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 DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR

Printed Page 553 . . . . . Thursday, January 27, 2000
FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE 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 DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND 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.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

The Bill was recalled from the Committee on Labor, Commerce and Industry.

Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

Senator J. VERNE SMITH asked unanimous consent to concur in the House amendments.

There was no objection.

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.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

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

Printed Page 554 . . . . . Thursday, January 27, 2000
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.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1079 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 40-39-90 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO INSPECTION OF RECORDS MAINTAINED BY PAWNBROKERS, SO AS TO PROVIDE THAT RECORDS REGARDING ITEMS PAWNED AND COPIES OF THESE RECORDS AVAILABLE TO LAW ENFORCEMENT, COURT OFFICIALS, OR THE DEPARTMENT OF CONSUMER AFFAIRS MUST BE CLEAR AND LEGIBLE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1080 (Word version) -- Senator Thomas: A SENATE RESOLUTION TO REQUEST THE PRESIDENT PRO TEMPORE TO APPOINT A SPECIAL COMMITTEE TO STUDY THE PROBLEM OF JAIL OVERCROWDING IN THIS STATE, AND TO PROVIDE FOR ITS MEMBERSHIP.
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The Senate Resolution was introduced and referred to the Committee on Corrections and Penology.

S. 1081 (Word version) -- Senator Bryan: A BILL TO AMEND CHAPTER 9, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ANNUAL JAIL AND PRISON INSPECTION REPORT AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO REVISE THE LIST OF PERSONS WHO MUST RECEIVE COPIES OF REPORTS PREPARED BY THE JAIL AND PRISON INSPECTION DIVISION.
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Read the first time and referred to the Committee on Corrections and Penology.

Printed Page 555 . . . . . Thursday, January 27, 2000

S. 1082 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-13-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEDUCTIONS THAT CAN BE MADE FROM MONEY CREDITED TO AN INMATE'S ACCOUNT TO REPAY CERTAIN COSTS INCURRED DURING HIS INCARCERATION, SO AS TO PROVIDE THAT THE COSTS INCURRED BY A MUNICIPALITY OR COUNTY FOR AN INMATE'S ELECTIVE MEDICAL TREATMENT MAY BE COLLECTED BY AN ADMINISTRATOR OR DIRECTOR DURING ANY PERIOD OF AN INMATE'S INCARCERATION, TO PROVIDE THAT AN INMATE'S ACCOUNT CAN BE CREDITED TO REPAY CERTAIN COSTS OF ANY OTHER PROGRAMS OR SERVICES THAT ARE VOLUNTARILY OFFERED BY A MUNICIPALITY OR COUNTY TO AN INMATE, AND TO DELETE THE PROVISION THAT REQUIRES THAT ALL SUMS COLLECTED FOR MEDICAL TREATMENT MUST BE REIMBURSED TO THE INMATE IF THE INMATE IS ACQUITTED OR EXONERATED OF ALL CHARGES FOR WHICH HE IS HELD.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 1083 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-118-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ACADEMIC INCENTIVE ACT OF 1997, SO AS TO INCLUDE A REGIONAL CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA AS A "QUALIFYING COLLEGE OR UNIVERSITY".
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Read the first time and referred to the Committee on Education.

S. 1084 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 60-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.
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Read the first time and referred to the Committee on Education.

S. 1085 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 556 . . . . . Thursday, January 27, 2000
RELATING TO PROHIBITING FOSTER CARE PLACEMENTS WITH CERTAIN PERSONS, SO AS TO ALSO PROHIBIT SUCH PLACEMENTS WITH A PERSON WHO HAS BEEN CONVICTED OF BUGGERY OR WHO IS A HOMOSEXUAL OR BISEXUAL; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROHIBIT ADOPTIONS BY A PERSON WHO HAS BEEN CONVICTED OF BUGGERY OR WHO IS A HOMOSEXUAL OR BISEXUAL.
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Read the first time and referred to the Committee on Judiciary.

S. 1086 (Word version) -- Senator Bryan: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 OF THE 1976 CODE, RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.
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Read the first time and referred to the Committee on Judiciary.

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

H. 4420 (Word version) -- Reps. R. Smith, Harrell, Woodrum, Altman, Beck, Cato, Davenport, Delleney, Emory, Harrison, Haskins, Koon, Lanford, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, J.M. Neal, Parks, Perry, Rice, Riser, Rodgers, Robinson, Seithel, Simrill, Stuart, Tripp, Trotter, Vaughn, Walker, Witherspoon and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT, NOTWITHSTANDING RECENT MEDIA REPORTS OF CIVILIAN CASUALTIES AT NOKUEN-RI (NO GUN RI), SOUTH KOREA, NOTHING CAN DETRACT FROM THE DISTINGUISHED RECORD AND HEROISM OF THE BRAVE AND GALLANT MEN AND WOMEN WHO SERVED HONORABLY AND FOUGHT

Printed Page 557 . . . . . Thursday, January 27, 2000
VALIANTLY AS SOLDIERS, SAILORS, MARINES, AND AIRMEN IN THE ARMED FORCES OF THE UNITED STATES DURING THE KOREAN WAR, AND THAT THE HEROISM, SERVICE, AND SACRIFICE OF ALL THOSE WHO SERVED THE CAUSE OF FREEDOM BY OPPOSING MURDEROUS COMMUNIST AGGRESSION IN KOREA MUST BE REMEMBERED AND COMMEMORATED WITH HONOR.

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

H. 4475 (Word version) -- Reps. Hinson, H. Brown, Law, Dantzler and Gourdine: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE STRATFORD HIGH SCHOOL "KNIGHTS" FOOTBALL TEAM OF GOOSE CREEK, SOUTH CAROLINA, AND THEIR COACHES FOR AN EXCEPTIONAL UNDEFEATED SEASON AND ON CAPTURING THE 1999 CLASS AAAA, DIVISION I STATE FOOTBALL CHAMPIONSHIP.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

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

An invitation from the CAROLINAS AGC to attend a reception at the Koger Center for the Arts on Tuesday, February 1, 2000, from 6:00 until 8:00 P.M.

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

An invitation from the ASSOCIATION OF CHRISTIAN SCHOOLS to attend a breakfast at the Holiday Inn City Center on Wednesday, February 2, 2000, from 7:45 until 8:45 A.M.

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

An invitation from the CORPUS CHRISTI LEGION OF MARY to attend a drop-in in the Blatt Bldg., Room 208 on Wednesday, February 2, 2000, upon adjournment and lasting until 2:00 P.M.

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

Printed Page 558 . . . . . Thursday, January 27, 2000

An invitation from the MUNICIPAL ASSOCIATION OF SC to attend a reception at the Adam's Mark Hotel on Wednesday, February 2, 2000, from 6:00 until 7:30 P.M.

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

An invitation from the SC CHAPTER OF THE AMERICAN PLANNING ASSOCIATION to attend a breakfast in the Blatt Bldg., Room 221 on Thursday, February 3, 2000, from 8:00 until 9:30 A.M.

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

An invitation from the MEMBERS OF THE SC SUPREME COURT, THE SC COURT OF APPEALS, THE CIRCUIT COURT OF SC AND THE FAMILY COURT OF SC to attend a barbecue supper at the National Guard Armory on Tuesday, February 8, 2000, from 6:00 until 8:00 P.M.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

S. 1020 (Word version) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THAT A BUSINESS DEVELOPMENT CORPORATION MAY NOT MORTGAGE OR ASSIGN ITS ASSETS EXCEPT ON A PRO RATA BASIS TO ALL PARTIES PROVIDING CREDIT, OTHER THAN FOR SHORT-TERM LOANS AND PURCHASE MONEY LOANS FOR THE ACQUISITION OF CERTAIN INDUSTRIAL AND BUSINESS ASSETS, TO PROVIDE FOR THE POWERS OF A BUSINESS DEVELOPMENT CORPORATION'S SUBSIDIARY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION

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33-37-450, AS AMENDED, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS, SO AS TO PROVIDE FOR DETERMINATION OF THE NUMBER OF ADDITIONAL VOTES OF A MEMBER BY ITS LOAN LIMIT PURSUANT TO THE LOAN CALL AGREEMENT; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE BUSINESS DEVELOPMENT CORPORATION, SO AS TO DELETE STATUTORY REQUIREMENTS FOR LINES OF CREDIT AND PROVIDE FOR LINES OF CREDIT PURSUANT TO MUTUAL AGREEMENT, DECREASE FROM TWENTY TO TEN PERCENT THE TOTAL AMOUNT A MEMBER MAY HAVE OUTSTANDING AT ANY ONE TIME ON LOANS TO THE CORPORATION, TO PROVIDE FOR REVOLVING LINES OF CREDIT AND LEAD LENDERS, AND TO DELETE THE AUTOMATIC INCREASE IN LINES OF CREDIT OF MERGING ENTITIES; AND BY ADDING SECTION 33-37-465 SO AS TO PROVIDE FOR THE MAKING AND SECURING OF SHORT-TERM LOANS TO THE CORPORATION BY A MEMBER.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

S. 1039 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "SERVICE CONTRACTS MODEL ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 78, SO AS TO REGULATE THE SALE OF SERVICE CONTRACTS FOR THE REPAIR, REPLACEMENT, OR MAINTENANCE OF PROPERTY NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, EXCLUDING, AMONG OTHER THINGS, WARRANTIES AND MAINTENANCE AGREEMENTS; TO REQUIRE ADMINISTRATORS OF SERVICE CONTRACTS TO REGISTER WITH THE DEPARTMENT OF INSURANCE; TO REQUIRE THOSE PROVIDING SERVICE UNDER A CONTRACT TO DEMONSTRATE FINANCIAL RESPONSIBILITY; TO PROVIDE FOR THE REQUIREMENTS OF A REIMBURSEMENT POLICY WHEN SUCH A POLICY INSURES A SERVICE CONTRACT; TO SPECIFY THE FORM AND CONTENT OF SERVICE CONTRACTS; TO REQUIRE SERVICE CONTRACT ADMINISTRATORS TO MAINTAIN ACCURATE ACCOUNTS AND RECORDS; TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT INVESTIGATIONS AND HEARINGS IN ENFORCING THE

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PROVISIONS OF THIS CHAPTER; AND TO PROVIDE CIVIL PENALTIES.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1050 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE THE THIRD SATURDAY IN FEBRUARY AS PURPLE HEART DAY IN SOUTH CAROLINA, TO PAY TRIBUTE TO THE ORDER OF THE PURPLE HEART FOR MILITARY MERIT AND THE EXCEPTIONAL MEN AND WOMEN WHO HAVE RECEIVED THIS DECORATION.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 776 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CRAPE MYRTLE" AS THE OFFICIAL STATE SHRUB.

S. 934 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT, IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976,

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RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.

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

There was no objection.

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

Senator McCONNELL asked unanimous consent to remove the minority report from the Bill.

There was no objection.

The Committee on Judiciary proposed the following amendment (JUD0705.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 27 in Section 5-37-20(2), as contained in SECTION 1, by striking /6-21-15/ and inserting / 6-21-40 /.

Amend title to conform.

The committee amendment was adopted.

Senator RANKIN proposed the following amendment (PT/1791DW00), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   Section 5-37-20(2) of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:

"(2)   'Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, services or functions which a municipality in accordance with state law may by law provide, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and

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acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities. Any such improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 6-21-50, and such improvements, taken in the aggregate, may be designated by the governing body as a 'system' of related projects within the meaning of Section 6-21-40. The governing body of a municipality, after due investigation and study, may determine that improvements located outside the boundaries of an improvement district confer a benefit upon property inside an improvement district or are necessary to make improvements within the improvement district effective for the benefit of property inside the improvement district."

SECTION   2.   This act takes effect upon approval by the Governor. /

Amend title to read:

/ TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE. /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

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

CARRIED OVER

S. 997 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DEFINE, AMONG OTHER TERMS, "AFTER-MARKET CRASH PART" AND "CRASH PART"; AND BY ADDING SECTIONS 38-77-246 THROUGH 38-77-256 SO AS TO PRESCRIBE THE CONDITIONS UNDER WHICH AN INSURER MAY REQUIRE THE USE OF AFTER-MARKET CRASH PARTS IN

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VEHICLE REPAIR, TO REQUIRE DISCLOSURE OF THE REQUIRED USE OF SUCH PARTS, AND TO PROVIDE PENALTIES.

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

Time Fixed

Senator HOLLAND moved that, when the Senate adjourns on Friday, January 28, 2000, it stand adjourned to meet next Tuesday, February 1, 2000, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:30 A.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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