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 Word of God through the words of the Prophet Jeremiah (4:14):
"O Jerusalem, wash thine heart from wickedness, that you may be saved. How long shall your vain thoughts lodge within you?"
Let us pray.
God of our fathers, we know that there has never been in all history a truly "age of faith" among the human race. But there has, from ancient times, been the remnant, the fellowship of the faithful... in many periods of faithlessness.
Speak, O Lord, to the faithful that they remain steadfast!
Help us, even in this good day when we read about the prophet's wailing about the waywardness of people to hear and heed the words of another One who said: "Seek ye first the Kingdom of God, and all these things shall be added unto you."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 9, 2000
Mr. President and Members of the Senate:
Due to the resignation of the appointee, I respectfully request withdrawal from your consideration the appointment shown below.
Respectfully,
James H. Hodges
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1997, and to expire March 21, 2002:
4th Congressional District:
Keith Joseph Marrero, AMI Architects, 206 East Coffee Street, Greenville, S.C. 29601 VICE Lisa H. Stevens
The Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
Senator GLOVER rose for an Expression of Personal Interest.
Senator RAVENEL rose for an Expression of Personal Interest.
Senator BAUER introduced Dr. Thomas E. Gibbons of Columbia, S.C., Doctor of the Day.
The following were introduced:
S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO
Senator HUTTO spoke on the Bill.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1131 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION AT LAW AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS' COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS, AND TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION HAS JURISDICTION IN SUCH CASES TO APPROVE SETTLEMENTS AND ATTORNEY'S FEES IN CONNECTION WITH CLAIMS AND ACTIONS AGAINST THIRD PARTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 1132 (Word version) -- Senators Saleeby, Reese, Bryan, Courtney, Short, Richardson, Passailaigue, McConnell and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH BENEFIT PLANS WHICH PROVIDE COVERAGE FOR PRESCRIPTION DRUGS OR DEVICES TO ISSUE ITS INSUREDS A CARD OR OTHER TECHNOLOGY CONTAINING UNIFORM PRESCRIPTION DRUG INFORMATION AND TO PROVIDE FOR THE FORMAT, CONTENT, ISSUANCE, AND RENEWAL OF SUCH CARDS; AND BY ADDING SECTION 38-71-295 SO AS TO PROHIBIT A PERSON FROM SELLING, MARKETING, PROMOTING, ADVERTISING, OR DISTRIBUTING A CARD OR OTHER PURCHASING MECHANISM OR DEVICE WHICH IS NOT INSURANCE AND WHICH PURPORTS TO OFFER DISCOUNTS OR ACCESS TO DISCOUNTS UNLESS THE CARD STATES THAT THE DISCOUNTS ARE NOT INSURANCE, ARE SPECIFICALLY AUTHORIZED BY AN INDIVIDUAL, AND ARE NOT MISLEADING OR DECEPTIVE, TO PROVIDE A CAUSE OF ACTION AND REMEDIES FOR VIOLATIONS OF THIS PROVISION, AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 1133 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION CONGRATULATING THE BATESBURG-LEESVILLE HIGH SCHOOL PANTHERS ON WINNING THE 1999 CLASS AA STATE CHAMPIONSHIP IN FOOTBALL.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1134 (Word version) -- Senators Drummond, Passailaigue and Giese: A SENATE RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE STATE'S ECONOMY, ITS SIGNIFICANT ROLE IN ADVANCING SOUTH CAROLINA'S POSITION IN THE GLOBAL ECONOMY, AND ITS LEADERSHIP AND VISION AS OUR STATE PROGRESSES IN THE TWENTY-FIRST CENTURY; AND TO ACKNOWLEDGE FEBRUARY 9, 2000, AS "STATE PORTS AUTHORITY APPRECIATION DAY".
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Senators DRUMMOND, PASSAILAIGUE and RAVENEL spoke on the Resolution.
The Senate Resolution was adopted.
S. 1135 (Word version) -- Senators Saleeby, Bryan, Courtney and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS IN THE OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES, AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS, AFTER WHICH THEY MAY BE DESTROYED.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1136 (Word version) -- Senators Saleeby, Bryan, Courtney, McConnell, Hutto, Short and Reese: A BILL TO AMEND SECTION 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INFORMATION REQUIRED ON MOTOR VEHICLE TITLES, SO AS TO PROHIBIT AN ASSIGNMENT OF A TITLE UNLESS THE ASSIGNOR CERTIFIES UNDER PENALTY OF PERJURY HIS KNOWLEDGE OF STRUCTURAL REPAIRS EXCEEDING TWO THOUSAND DOLLARS IN VALUE DONE ON THE VEHICLE AND TO DEFINE "STRUCTURAL REPAIRS".
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Read the first time and referred to the Committee on Transportation.
S. 1137 (Word version) -- Senator Grooms: A JOINT RESOLUTION DESIGNATING THE "FOXES" AS THE OFFICIAL MASCOT OF MACEDONIA MIDDLE SCHOOL IN BERKELEY COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 4533 (Word version) -- Reps. Kennedy and Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000
Read the first time and referred to the Committee on Education.
H. 4562 (Word version) -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF PROFESSOR DAVID KINLEY OF LEXINGTON COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4574 (Word version) -- Reps. Hayes and Leach: A CONCURRENT RESOLUTION CONGRATULATING EASTSIDE HIGH SCHOOL ATHLETIC DIRECTOR AND HEAD FOOTBALL COACH, JOHN PARKER CARLISLE III, OF GREENVILLE COUNTY ON RECEIVING THE 1999 NATIONAL INTERSCHOLASTIC ATHLETIC ADMINISTRATORS ASSOCIATION (NIAAA) NATIONAL DISTINGUISHED SERVICE AWARD AND ON THIRTY-FIVE YEARS OF DEDICATED SERVICE TO HIGH SCHOOL ATHLETICS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 301 (Word version) -- Senators Fair, Grooms and Wilson: A BILL TO AMEND TITLE 20, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE BY ADDING ARTICLE 4, SO AS TO ENACT THE SOUTH CAROLINA COVENANT MARRIAGE ACT BY AUTHORIZING COUPLES TO ENTER INTO COVENANT MARRIAGES AND PROVIDING FOR COVENANT MARRIAGE DECLARATIONS ON MARRIAGE LICENSES, PROVIDING PREREQUISITES TO ENTERING INTO A COVENANT MARRIAGE, INCLUDING COUNSELING, AUTHORIZING A COVENANT MARRIAGE DECLARATION BY
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 305 (Word version) -- Senator Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT IN A COVENANT MARRIAGE THE GROUND FOR CONTINUOUS SEPARATION IS FOR A PERIOD OF AT LEAST TWO YEARS.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
S. 673 (Word version) -- Senator Glover: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REAUTHORIZE THE RYAN
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
S. 755 (Word version) -- Senator Bryan: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES, AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 44-11-10, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A MENTAL HEALTH FACILITY; TO AMEND SECTION 44-15-50, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 44-15-80, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 44-17-410, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-540, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS REQUIRED; TO AMEND SECTION 44-17-580, RELATING TO HOSPITALIZATION FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE FOR THE DISMISSAL OF PROCEEDINGS WHEN A PERSON IS NOT IN NEED OF INVOLUNTARY TREATMENT; TO AMEND SECTION 44-22-150, RELATING TO THE RESTRAINT, SECLUSION, OR PHYSICAL COERCION OF PATIENTS
Ordered for consideration tomorrow.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 1015 (Word version) -- Senators Land and Courson: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERM LIMITATIONS ON DEPARTMENT OF TRANSPORTATION COMMISSIONERS, SO AS TO ELIMINATE THE RESTRICTION THAT PREVENTS A COMMISSIONER FROM SERVING CONSECUTIVE TERMS.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3786 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CONDUCTING A PARTY PRIMARY AND THE CERTIFICATION OF CANDIDATES PLACED ON PRIMARY BALLOTS, SO AS TO REQUIRE CANDIDATES TO BE CERTIFIED IN WRITING, ADD SATURDAY TO SUNDAY AS A DEADLINE FOR CERTIFICATION WHICH WOULD BE MOVED TO THE FOLLOWING MONDAY IF IT FELL ON THOSE DAYS, REQUIRE THE WRITTEN CERTIFICATION TO VERIFY THE QUALIFICATIONS OF A CANDIDATE, REQUIRE THE STATE
Ordered for consideration tomorrow.
Columbia, S.C., February 9, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4478 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN UNION COUNTY, SO AS TO DELETE THE LOCATIONS OF THE POLLING PLACES AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTION AND REGISTRATION OF UNION COUNTY WITH THE APPROVAL OF A MAJORITY OF THE UNION COUNTY LEGISLATIVE DELEGATION, AND DESIGNATE A MAP NUMBERED ON WHICH LINES OF THE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
At Twelve O'clock Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 1019 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON
The PRESIDENT announced that nominations were in order to elect a successor to the position of Associate Justice, Supreme Court, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Gary E. Clary, the Honorable Jasper M. Cureton and the Honorable Costa M. Pleicones had been screened and found qualified to serve.
Rep. Delleney placed the names of the Honorable Gary E. Clary, the Honorable Jasper M. Cureton and the Honorable Costa M. Pleicones in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Clary:
Bryan Courtney Fair Hayes Martin Peeler Reese Russell Smith, J. Verne
The following named Senators voted for Judge Cureton:
Alexander Anderson Branton Elliott Ford Glover Hutto Jackson Land Matthews McGill Moore O'Dell Passailaigue Patterson Rankin Saleeby Washington
The following named Senators voted for Judge Pleicones:
Bauer Courson Drummond Giese Gregory Grooms Holland Leatherman Leventis McConnell Mescher Ravenel Richardson Ryberg Setzler Short Thomas Waldrep Wilson
On motion of Rep. Delleney, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Clary:
Allison Barfield Barrett Cato Cooper Dantzler Davenport Fleming Frye Hamilton Harrell Haskins Hawkins Hinson Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis McCraw Meacham-Richardson Phillips Rice Rodgers Sandifer Simrill Smith, D. Smith, R. Taylor Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Young-Brickell
The following named Representatives voted for Judge Cureton:
Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lucas Mack
McLeod, M. McMahand Moody-Lawrence Neal, J.H. Neilson Ott Parks Pinckney Rhoad Rutherford Scott Smith, F. Stuart Whipper
The following named Representatives voted for Judge Pleicones:
Allen Altman Bales Brown, H. Campsen Carnell Chellis Cotty Delleney Easterday Edge Emory Gamble Gilham Harris Harrison Huggins Keegan Kirsh Knotts Lourie Maddox McGee McKay McLeod, W. Miller Neal, J.M. Perry Quinn Riser Robinson Seithel Sheheen Smith, J. Stille Townsend Whatley Wilkes Woodrum
Total number of Senators voting 46
Total number of Representatives voting 118
Grand Total 164
Necessary to a choice 83
Of which Judge Clary received 50
Of which Judge Cureton received 56
Of which Judge Pleicones received 58
No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Clary:
Bryan Courtney Fair Grooms Hayes Martin McConnell Peeler Reese Russell Smith, J. Verne
The following named Senators voted for Judge Cureton:
Alexander Anderson Branton Elliott Ford Glover Hutto Jackson Land Matthews McGill Moore O'Dell Passailaigue Patterson Rankin Saleeby Washington
The following named Senators voted for Judge Pleicones:
Bauer Courson Drummond Giese Gregory Holland Leatherman Leventis Mescher Ravenel Richardson Ryberg Setzler Short Thomas Waldrep Wilson
On motion of Rep. Delleney, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Clary:
Allison Barrett Cato Cooper Dantzler Davenport Fleming Frye Hamilton Harrell Haskins Hawkins Hinson Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis McCraw Meacham-Richardson Phillips Rice Robinson Rodgers
Sandifer Simrill Smith, D. Smith, R. Taylor Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Young-Brickell
The following named Representatives voted for Judge Cureton:
Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lucas Mack McLeod, M. McMahand Miller Moody-Lawrence Neal, J.H. Ott Parks Pinckney Rhoad Rutherford Scott Smith, F. Stuart Whipper
The following named Representatives voted for Judge Pleicones:
Allen Altman Bales Barfield Brown, H. Campsen Carnell Chellis Cotty Delleney Easterday Edge Emory Gamble Gilham Harris Harrison Huggins Keegan Kirsh Knotts Lourie Maddox McGee McKay McLeod, W. Neal, J.M. Neilson Perry Quinn Riser Seithel Sharpe
Sheheen Smith, J. Stille Townsend Tripp Whatley Wilkes Woodrum
Total number of Senators voting 46
Total number of Representatives voting 119
Grand Total 165
Necessary to a choice 83
Of which Judge Clary received 51
Of which Judge Cureton received 56
Of which Judge Pleicones received 58
No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Clary:
Bryan Courtney Fair Grooms Hayes Martin Peeler Reese Russell Smith, J. Verne
The following named Senators voted for Judge Cureton:
Alexander Anderson Branton Elliott Ford Glover Hutto Jackson Land Matthews McGill Moore O'Dell Passailaigue Patterson Rankin Saleeby Washington
The following named Senators voted for Judge Pleicones:
Bauer Courson Drummond Giese Gregory Holland Leatherman Leventis McConnell Mescher Ravenel Richardson Ryberg Setzler Short Thomas Waldrep Wilson
On motion of Rep. Delleney, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Clary:
Allison Barrett Cato Cooper Dantzler Davenport Fleming Hamilton Harrell Haskins Hawkins Hinson Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis McCraw Meacham-Richardson Phillips Rice Rodgers Sandifer Simrill Smith, D. Smith, R. Taylor Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Young-Brickell
The following named Representatives voted for Judge Cureton:
Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lucas Mack McLeod, M. McMahand Moody-Lawrence Neal, J.H. Neilson Ott
Parks Pinckney Rhoad Rutherford Scott Smith, F. Stuart Whipper
The following named Representatives voted for Judge Pleicones:
Allen Altman Bales Barfield Brown, H. Campsen Carnell Chellis Cotty Delleney Easterday Edge Emory Frye Gamble Gilham Harris Harrison Huggins Keegan Kirsh Knotts Lourie Maddox McGee McKay McLeod, W. Miller Neal, J.M. Perry Quinn Riser Robinson Seithel Sharpe Sheheen Smith, J. Stille Townsend Tripp Whatley Wilkes Woodrum
Total number of Senators voting 46
Total number of Representatives voting 119
Grand Total 165
Necessary to a choice 83
Of which Judge Clary received 48
Of which Judge Cureton received 56
Of which Judge Pleicones received 61
No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.
On motion of Represenative Hawkins, the name of the Honorable Gary E. Clary was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Cureton:
Alexander Anderson Branton Bryan Courtney Elliott Ford Glover Jackson Land Matthews McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Saleeby Washington
The following named Senators voted for Judge Pleicones:
Bauer Courson Drummond Fair Giese Gregory Grooms Hayes Holland Hutto Leatherman Leventis Martin McConnell Mescher Ravenel Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Wilson
On motion of Rep. Delleney, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Cureton:
Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Davenport Gourdine Govan Harvin Hawkins Hines, M. Hosey Howard Inabinett Jennings Kennedy Klauber Lee Lloyd Loftis Lucas Mack McLeod, M.
McMahand Meacham-Richardson Moody-Lawrence Neal, J.H. Ott Parks Phillips Pinckney Rutherford Scott Smith, F. Stuart Whipper Wilder Wilkins
The following named Representatives voted for Judge Pleicones:
Allen Allison Altman Bales Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Cotty Dantzler Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hayes Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Lourie Maddox McCraw McGee McKay McLeod, W. Miller Neal, J.M. Neilson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkes Witherspoon Woodrum Young-Brickell
Total number of Senators voting 46
Total number of Representatives voting 116
Grand Total 162
Whereupon, the PRESIDENT announced that the Honorable Costa M. Pleicones was elected to the position of Associate Justice, Supreme Court, Seat #2, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Associate Justice, Supreme Court, Seat #5.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable E. C. Burnett, III had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable E. C. Burnett, III was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable E. C. Burnett, III was elected to the position of Associate Justice, Supreme Court, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Court of Appeals, Seat #3.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Mary E. Buchan, Mr. Joseph D. Shine, the Honorable M. Duane Shuler and the Honorable Ray N. Stevens had been screened and found qualified to serve.
Rep. Delleney placed the names of Mr. Joseph D. Shine and the Honorable M. Duane Shuler in nomination.
On motion of Rep. Delleney, the name of the Honorable Ray N. Stevens and the Honorable Mary E. Buchan were withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Shine:
Alexander Anderson Branton Courson Courtney Drummond Fair Ford Glover Gregory Grooms Jackson Leventis Matthews McConnell Patterson Reese Richardson Russell Ryberg Washington
The following named Senators voted for Judge Shuler:
Bauer Bryan Elliott Giese Hayes Holland Hutto Land Leatherman Martin McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Ravenel Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Wilson
On motion of Rep. Delleney, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Shine:
Allison Bales Barrett Breeland Brown, J. Canty Cobb-Hunter Cooper Cotty Delleney Emory Govan Harrell Harrison Haskins Hines, J. Hines, M. Hosey Howard Inabinett Lloyd Loftis Mack McLeod, W. Meacham-Richardson Moody-Lawrence Neal, J.H. Neal, J.M. Parks Perry Pinckney Quinn Rice
Robinson Rutherford Scott Smith, D. Smith, J. Tripp Vaughn
The following named Representatives voted for Judge Shuler:
Allen Altman Barfield Battle Brown, G. Brown, H. Brown, T. Campsen Carnell Cato Chellis Clyburn Dantzler Davenport Easterday Edge Frye Gamble Gilham Gourdine Hamilton Harris Harvin Hawkins Hayes Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lourie Lucas Maddox McCraw McGee McKay McLeod, M. McMahand Miller Neilson Ott Phillips Rhoad Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, F. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Total number of Senators voting 46
Total number of Representatives voting 117
Grand Total 163
Necessary to a choice 82
Whereupon, the PRESIDENT announced that the Honorable M. Duane Shuler was elected to the position of Associate Justice, Court of Appeals, Seat #3, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #8.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Thomas E. Huff had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable Thomas E. Huff was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Thomas E. Huff was elected to the position of Judge, Court of Appeals, Seat #8 for the term prescribed by law.
Senator RYBERG desired to be recorded as voting against the nomination of the Honorable Thomas E. Huff.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Third Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Howard P. King had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable Howard P. King was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Howard P. King was elected to the position of Judge, Circuit Court, Third Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Fourth Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable J. Michael Baxley had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable J. Michael Baxley was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable J. Michael Baxley was elected to the position of Judge, Circuit Court, Fourth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Fifth Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable L. Casey Manning had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable L. Casey Manning was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable L. Casey Manning was elected to the position of Judge, Circuit Court, Fifth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Seventh Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Donald W. Beatty had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable Donald W. Beatty was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Donald L. Beatty was elected to the position of Judge, Circuit Court, Seventh Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Eighth Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable James W. Johnson, Jr. had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable James W. Johnson, Jr. was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James W. Johnson, Jr. was elected to the position of Judge, Circuit Court, Eighth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Ninth Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Daniel F. Pieper had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable Daniel F. Pieper was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Daniel F. Pieper was elected to the position of Judge, Circuit Court, Ninth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Tenth Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Alex S. Macaulay had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable Alex S. Macaulay was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Alex S. Macaulay was elected to the position of Judge, Circuit Court, Tenth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Eleventh Judicial Circuit, Seat #1.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable William Paul Keesley had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable William Paul Keesley was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William Paul Keesley was elected to the position of Judge, Circuit Court, Eleventh Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Eleventh Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Marc H. Westbrook had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable Marc H. Westbrook was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Marc H. Westbrook was elected to the position of Judge, Circuit Court, Eleventh Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Twelfth Judicial Circuit, Seat #1.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable B. Hicks Harwell, Jr. had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable B. Hicks Harwell, Jr. was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable B. Hicks Harwell, Jr. was elected to the position of Judge, Circuit Court, Twelfth Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Thirteenth Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that Mr. John C. Few, the Honorable Robert N. Jenkins, Sr. and Mr. Edward W. "Ned" Miller had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of Mr. John C. Few was placed in nomination.
On motion of Rep. Delleney, the name of Mr. Edward Miller and the Honorable Robert N. Jenkins, Sr. were withdrawn from consideration.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John C. Few was elected to the position of Judge, Circuit Court, Thirteenth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Fourteenth Judicial Circuit, Seat #1.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that Mr. Perry M. Buckner and Ms. Diane M. DeWitt had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of Mr. Perry M. Buckner was placed in nomination.
On motion of Rep. Delleney, the name of Ms. Diane M. DeWitt was withdrawn from consideration.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Perry M. Buckner was elected to the position of Judge, Circuit Court, Fourteenth Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Tenth Judicial Circuit, Seat #2.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that Karen F. Ballenger, Timothy M. Cain and the Honorable R. Scott Sprouse had been screened and found qualified to serve.
On motion of Rep. Delleney, the names of Karen F. Ballenger and Timothy M. Cain were placed in nomination.
On motion of Rep. Delleney, the names of the Honorable Karen F. Ballenger and the Honorable R. Scott Sprouse were withdrawn from consideration.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Timothy M. Cain was elected to the position of Judge, Family Court, Tenth Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Sixteenth Judicial Circuit, Seat #1.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that Donna Earls Elder, Robert E. Guess and Thomas H. White, IV had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of Robert E. Guess was placed in nomination.
On motion of Rep. Delleney, the names of Thomas H. White, IV and Donna Earls Elder were withdrawn from consideration.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert E. Guess was elected to the position of Judge, Family Court, Sixteenth Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Administrative Law Judge, Seat #3.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Carolyn C. Matthews had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable Carolyn C. Matthews was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Carolyn C. Matthews was elected to the position of Administrative Law Judge, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Administrative Law Judge, Seat #4.
Rep. Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable John D. Geathers had been screened and found qualified to serve.
On motion of Rep. Delleney, the name of the Honorable John D. Geathers was placed in nomination.
Rep. Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John D. Geathers was elected to the position of Administrative Law Judge, Seat #4 for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 1:15 P.M., the Senate resumed.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4472 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.
H. 4496 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM FIVE HUNDRED THOUSAND TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS.
(By prior motion of Senator REESE)
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
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 VEHICLE REPAIR, TO REQUIRE DISCLOSURE OF THE REQUIRED USE OF SUCH PARTS, AND TO PROVIDE PENALTIES.
S. 354 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 1999", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO AMEND SECTION 37-5-104, RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42 OF TITLE 15 ABOVE.
Senator McCONNELL desired to be recorded as voting against the third reading of the Bill.
S. 936 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY,
On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 936.
S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Senator HUTTO explained the Bill.
S. 1108 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEY'S FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 929 (Word version) -- Senators Courson, Wilson, Passailaigue, Setzler, Reese, Grooms, Hayes, Branton, Rankin and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-675 SO AS TO PROVIDE THAT STATE AGENCIES OR DEPARTMENTS HAVING EMPLOYEES LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR BECAUSE OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS MAY NOT REQUIRE THOSE EMPLOYEES TO MAKE UP TIME LOST FROM WORK, TO PROVIDE THAT EMPLOYEES OF THE STATE OF SOUTH CAROLINA LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR AS A RESULT OF EXTREME WEATHER OR
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 131 (Word version) -- Senators Passailaigue, Russell, Hutto and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
S. 970 (Word version) -- Senators Land and Elliott: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO A MINOR, SO AS TO PROVIDE THAT THE RESTRICTIONS ON THIS DRIVER'S LICENSE ALSO MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT OF PUBLIC SAFETY FOR TRAVEL BETWEEN HIS HOME AND CHURCH UNDER CERTAIN CONDITIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
Senate Transportation Committee proposed the following amendment (GGS\22484CM00), which was adopted:
Amend the bill, as and if amended, Section 56-1-180(B)(1)(c), as contained in SECTION 1, by deleting / church / on line 27, and inserting / place of worship /.
Amend title to conform.
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.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
S. 456 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN EQUIPMENT THAT MUST BE MAINTAINED ON A MOTORCYCLE, SO AS TO DELETE THE PROVISION THAT REGULATES THE HEIGHT OF MOTORCYCLE HANDLEBARS.
H. 3455 (Word version) -- Reps. Lloyd, Clyburn, Parks, J. Hines, Scott, Bales, Taylor, Rutherford and M. Hines: A BILL TO AMEND SECTION 56-1-3350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO REVISE THE AGE OF A PERSON WHO MAY APPLY FOR A SPECIAL IDENTIFICATION CARD.
S. 1121 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 25-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE PRISONER OF WAR COMMISSION, SO AS TO REDUCE THE NUMBER OF REQUIRED MEETINGS FROM THREE TO TWO YEARLY.
S. 1053 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.
On motion of Senator DRUMMOND, with unanimous consent, S. 1053 was ordered to receive a third reading on Thursday, February 10, 2000.
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 amendment proposed by the Committee on Agriculture and Natural Resources.
Senator LEVENTIS proposed the following amendment (688R001.PPL), which was adopted:
Amend the Committee Report, as and if amended, page 688-7, by striking lines 28-31 and inserting in lieu thereof:
/ Response Committee as it affects the appellant. A review of the immediate stay must be heard by the Administrative Law Judge Division within five days of the filing of the notice of appeal with the Administrative Law Judge Division. All issues under appeal /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The Committee on Agriculture and Natural Resources proposed the following amendment (NBD\11703AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 23, Title 49 of the 1976 Code is amended to read:
South Carolina Drought Response Act of 1985
Section 49-23-10. This chapter may be cited as the South Carolina Drought Response Act of 1985.
Section 49-23-20. As used in this chapter:
(a) 'Department' means the Department of Natural Resources.
(b) 'Conservation' means a reduction in usage of water, to minimize or prevent depletion or waste of the water resource.
(c) 'Drought Response Committee' means the committee created under Section 49-23-50 49-23-60 to be convened to address drought related problems and responses.
(d) 'Office of primary responsibility' means the Department of Natural Resources.
(e) 'Person' means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or any other another state or country.
(f) 'Drought' means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State.
(f)(g )'Water resources' means any and all water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground.
(g)(h) 'Diffused surface water' means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies.
(i) 'Drought indices' means topical and quantitative indicators of drought including, but not limited to, vegetation stress, low soil moisture, low precipitation, streamflow, water levels in acquifers and lakes, and forest fire indices.
(h)(j) 'Incipient drought' means that there is a significant threat of a drought as indicated demonstrated by a Palmer Index of -0.50 to -1.49 drought indices. The incipient drought phase will shall initiate inhouse mobilization by department personnel and the Drought Response Committee. The State Climatology Office, which department shall routinely monitors monitor the climatic variables, streamflow, and water level in aquifers and lakes, will inform those agencies on the notification list and shall notify the Drought Response Committee and relevant federal, state, and local agencies that a portion of the State is
(i) (k) 'Moderate drought' exists when the Palmer Index reaches the -1.50 to -2.99 range and, moderate drought conditions have developed as verified by other means means that there is an increasing threat of a drought as demonstrated by drought indices. If conditions indicate that this situation will persist, Statements will must be released to the news media by the State Climatologist department, and appropriate agencies will must accelerate monitoring activities.
(j) (l) 'Severe drought' exists when the Palmer Index reaches the -3.00 to -3.99 range and, severe drought conditions are verified by other means means that the drought has increased to severe levels as demonstrated by drought indices. This phase will must be verified utilizing data, forecasts, and outlooks from various agencies in conjunction with National Weather Service forecasts and routinely monitored data. A drought of this severity will normally require requires an official declaration by the department and water-use water withdrawals and use restrictions.
(k)(m) 'Extreme drought' exists when the Palmer Index reaches or falls below -4.00 and, extreme drought conditions are verified by other means means that the drought has increased to extreme levels as demonstrated by drought indices. The State Climatology Office department will shall continue to evaluate information from various sources. Upon confirmation of an Extreme Drought Alert Phase, the Drought Response Committee may recommend that the Governor issue a public statement that an extreme drought situation exists and that appropriate water-use mandatory water withdrawal and use restrictions be imposed.
(l)(n) 'Board' means the governing authority of the Department of Natural Resources.
Section 49-23-30. The department shall formulate, coordinate, and execute a comprehensive drought response mitigation plan. The plan must be developed consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in (Chapter 3 of Title 49) to the extent that the plan is compatible with the comprehensive state water resources policy. In carrying out these responsibilities, the department shall seek and utilize to the extent possible the input, resources, and expertise of other state agencies capable of in assisting in drought mitigation planning and response.
Section 49-23-40. This chapter applies to all of the water resources in streams, lakes, and aquifers of the State, but this chapter does not authorize any restriction in use of water from any pond completely situated on private property and fed only by diffused surface water. For the purposes of this chapter, the waters of the State shall include all groundwater and all surface water within the State as defined in Section 49-23-10. The drought response plan shall apply applies to every person using water in this State.
Section 49-23-50. Consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in (Chapter 3 of Title 49), the department, without limiting its general authority, may shall:
(a) routinely monitor and record climatic and other data necessary for the determination of drought conditions;
(b) make investigations it considers proper to determine whether action by the department in discharging its duties is necessary;
(c) determine levels of drought based upon data collected;
(d) establish drought management areas within the State in order to:
(1) enable drought response mitigation to be accomplished within defined geographical areas;
(2) prevent overly broad response to drought. Statewide action usually should not be taken in instances in which action in a particular area experiencing drought is more appropriate. Establishment of drought management areas by the department in no way limits the department's or the Drought Response Committee's authority to act in an area smaller than a drought management area, such as a county;
(e) establish drought alert phases based upon drought levels and provide the following kinds of notice of at each drought alert phase:
(1) The department shall notify public water suppliers, special purpose districts, and municipal and county governments in the affected drought management area, persons designated on notification lists, and other appropriate agencies and individuals.;
(2) The department shall publish notice of each drought alert phase at least once in a newspaper of general circulation in the areas affected and provide notice to the media in each drought management area at each drought alert phase.;
(3) The department may take any other action appropriate to announce a drought alert.;
(f) coordinate and implement responses to announced drought alert phases after required notification;
(g) execute the regulations promulgated by the department reasonably necessary to collect and distribute information, convene committees, promote water conservation, govern practice and procedure before the department, and to fulfill its duties and the purposes of this chapter.
Section 49-23-60. (a)(A) The department shall coordinate appropriate drought response upon consultation with a the Drought Response Committee. The Drought Response Committee which is composed of two parts, as follows:
(1) A a statewide committee composed of the following state agencies: South Carolina Preparedness Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources.;
(2) A a local committee within each drought management area. The local committees shall consist of the following members to be appointed by the Governor on the recommendation of the legislative delegations from each of the drought management areas with the advice and consent of the Senate to represent the following interests: counties, municipalities, public service districts, private water suppliers, agriculture, industry, domestic users, regional councils of government, and commissions of public works, and Soil and Water Conservation Districts; however, there may not be more than two members on a local committee from each county within the drought management area. The Governor on the recommendation of the legislative delegations from each of the drought management areas may appoint additional members as necessary to ensure broadbased input on the committee and may make interim appointments when the General Assembly is not in session. The statewide committee shall coordinate planning and response within each drought management area only upon consultation with the appropriate local committee in the impacted drought management area. The department shall chair the Drought Response Committee and provide administrative support.
(b)(B) The Drought Response Committee shall convene as necessary upon call by the chair. In carrying out its responsibilities, the Drought Response Committee shall consult with and invite participation by notifying representatives of municipalities, counties, public and private water suppliers, public service districts, industries, special purpose districts, private citizens, and commissions of public works in affected
(c)(C) The department may consult and cooperate with federal agencies and agencies of the states of Georgia and North Carolina in carrying out its responsibilities under this chapter.
Section 49-23-70. (a)(A) Upon the inception of a drought alert phase, the department is responsible for disseminating public information concerning all aspects of the drought. The initial action in responding to drought must be public notification and education, providing information as to existing and potential conditions and water conservation measures necessary to meet the demand presented at each drought alert phase.
(b)(B) The department shall provide available information on water demands and use to any significant water user, public or private, in order to promote voluntary water conservation.
(c)(C) The department may promulgate regulations to specify categories of nonessential water use. Water used strictly for ensure adequate supplies of water in drought management area for human consumption, firefighting purposes, health and medical saftey purposes, maintaining instream flow, minimum streamflow requirements, and the use of water to satisfy federal, state, or local public health and safety requirements is considered essential water use and minimum water levels in the aquifers. The department by regulation may promulgate regulations to provide for the mandatory curtailment of nonessential water uses and withdrawals during periods of severe or and extreme drought in drought management areas. Mandatory Curtailment of nonessential water use shall become effective only after the Drought Response Committee determines the action to be reasonably necessary to ensure supplies of water in drought management areas. and upon such a finding declaration, the Drought Response Committee shall determine which categories of nonessential water use uses and withdrawals must be curtailed after reviewing each category use and withdrawal by the following standards:
(1) the purpose of the withdrawal and use,;
(2) the suitability of the withdrawal and use to the watercourse, lake, or aquifer, water source;
(3) the economic value of the withdrawal and use,;
(4) the social value of the withdrawal and use,;
(5) the extent and amount of the harm it causes, the biological impacts of withdrawal;
(6) the practicality of avoiding the harm by adjusting the use or method of use of one proprietor or the other. the practicality of alternate withdrawals, ;
(7) the practicality of adjusting the quantity of water withdrawals used by each proprietor, ;
(8) the protection of existing values of water uses, land, investments, and enterprises, continuance of water withdrawals for economic priorities;
(9) the consumptive or nonconsumptive nature of the use impacts on essential public safety and health.
Following such a determination by the Drought Response Committee, the department shall issue a declaration specifying the drought management areas affected and identifying the categories of nonessential water use mitigation procedures, including water withdrawals and uses to be curtailed. The declaration must be widely distributed to news media and must be published at least once a week in a newspaper of general circulation in each county affected. Any A person adversely affected by mitigation or mandatory curtailment may of withdrawal and use, within ten days after such the curtailment becomes effective, may submit appropriate information to the department and may obtain relief therefrom as is appropriate. Any A declaration shall continue in effect only so long as conditions in any a drought management area reasonably require it, and the declaration shall must be terminated by action of either the Drought Response Committee or the department, and notice of termination of the declaration must be given as when originally issued soon as practicable. In the event that If a declaration issued pursuant to this section conflicts with any ordinance or plan adopted pursuant to Section 49-23-80, the declaration shall supersede any ordinance or plan.
(d)(D) During any a drought alert phase, the department may offer its services to mediate any dispute arising from competing demands for water. The mediation may be undertaken only upon the request of the parties involved and may not be binding. Any A mediation shall does not stop or preclude the department and the Drought Response Committee from taking any other action authorized by this chapter. A party affected by a declaration of the Drought Response Committee has the right to appeal that action to the Administrative Law Judge Division. The appeal must be filed within five days of the declaration. The filing of an appeal operates as an immediate stay of the declaration of the Drought Response Committee as it affects the appellant. A review of the immediate stay must be heard by the Administrative Law
Section 49-23-80. In the event If the Drought Response Committee determines that drought the severity of the conditions in any a drought management area have progressed to the extent that the safety, or security, health, or welfare of the citizens of the area are threatened, the committee shall expeditiously report the conditions to the Governor. The committee shall also present the Governor with a priority list of recommended actions designed to alleviate the effects of drought conditions in affected drought management areas. Pursuant to the authority in Section 21 of Part II of Act 199 of 1979, the Governor may declare a drought emergency. In addition to exercising existing authority pursuant to Section 21 of Part II of Act 199 of 1979, the Governor may issue emergency proclamations and emergency regulations to require mandatory curtailment of water use withdrawals or to allocate water on an equitable basis. Notwithstanding any provisions of Section 21 of Part II of Act 199 of 1979, emergency action ordered by the Governor in response to a drought emergency may continue so long as conditions giving rise to the declaration of the emergency continue to threaten safety, or security, health, or welfare.
Section 49-23-90. (a)(A) Municipalities, counties, public service districts, special purpose districts, and commissions of public works engaged in the business or activity of supplying water for any purpose shall develop and implement drought response ordinances, or plans where authority to enact ordinances does not exist. The ordinances or plans must be consistent with the State Drought Response Plan, implemented through the regulations adopted pursuant to this chapter. Within six months of approval by the General Assembly of regulations promulgated to implement this chapter, The department shall prepare and distribute a model drought response ordinance or ordinances plan.
(b)(B) Local drought ordinances or plans must be adopted within eighteen months of the approval by the General Assembly of regulations adopted pursuant to this chapter; but any A proposed ordinance or plan must or a change to an ordinance or plan first must be submitted to the department for review to determine consistency with the State Drought Response Plan.
Section 49-23-100. (a)(A) Any A person violating any a provision of this act chapter is guilty of a misdemeanor and, upon conviction, must
(b)(B) In addition, upon violation of any of the provisions of this chapter, or the regulations of the department, the director may, either before or after the institution of criminal proceedings, may institute a civil action in the circuit court in the name of the State for injunctive relief. Neither the institution of the actions nor any of the proceedings relating to them shall relieve any party to the proceedings from the penalty prescribed by this chapter for any violation of the provisions of the chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1109 (Word version) -- Senators Moore, Short, Reese, Leatherman, Wilson, Courtney, Waldrep, Drummond, Land, O'Dell, McConnell, Peeler, Thomas, Mescher, Bryan, Holland, McGill, Elliott, Giese, Courson, Passailaigue, Branton, Fair, Anderson, Hayes, Washington, Ravenel, Richardson, Bauer, Grooms, Saleeby and Rankin: A JOINT RESOLUTION TO PROVIDE THAT AT THE DISCRETION OF THE APPROPRIATE LOCAL SCHOOL BOARD, UP TO FIVE SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000, WHEN THE SCHOOL WAS CLOSED DUE TO 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.
Senator MOORE asked unanimous consent to make a motion that the Joint Resolution be made a Special Order.
Senator RYBERG objected.
The question then was the motion to set the Joint Resolution for Special Order.
A vote was ordered.
Senator RYBERG raised a Point of Order under Rule 33B that the Joint Resolution had not been on the Calendar for a minimum of six statewide legislative days.
Senator MOORE raised a Point of Order that the Point of Order raised by Senator RYBERG came too late inasmuch as the Senate was in the process of voting.
The PRESIDENT sustained the Point of Order raised by Senator MOORE.
By a division vote of 33-2, the Joint Resolution was made a Special Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 12 (Word version) -- Senators Leventis, Hutto, Glover, Washington and Short: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
On motion of Senator BRYAN, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Ravenel, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HAYES was recognized.
On motion of Senator BRYAN, with unanimous consent, debate was interrupted by adjournment, with Senator HAYES retaining the floor.
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James Houston of Sumter, S.C. Mr. Houston, a native of South Carolina, served his country and his State for over 44 years of his 65 years of life. He served in the Air Force for 20 years and worked for DHEC for 24 years. He served as an elected board member of the Sumter School District 2 since 1990, until his death. Mr. Houston was a member of the New Testament Lighthouse Church. He was born on May 29, 1934, in Greenville, S.C. He is survived by his wife Betty, seven children, and four grandchildren.
At 1:26 P.M., on motion of Senators BRYAN and DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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