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

Printed Page 75 . . . . . Wednesday, January 12, 2000

Wednesday, January 12, 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 more from Psalm 46, vv. 3-4:

"Though the waters thereof roar and be troubled, though the

mountains shake with the swelling thereof.

There is a river, the streams whereof shall make glad the

City of God...."
Now the paraphrase:

"Let the oceans roar and foam; let the mountains tremble!

There is a river of joy flowing through the City of our God ...

the sacred home of the God above all gods."
Let us pray.

Heavenly Father, we long to be citizens of the City of God.

Help us to know the qualifications!

Grant us, O Lord, the spirit of self-discipline that we may be willing to qualify for acceptance.

The very concept of "a river of joy flowing through the City of God" lifts our spirits ... and sends us on our way to do today's duty.
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

At-Large:

Carrie Burns Brown, 219 Hidden Hills Dr., Greenville, S.C. 29605 VICE Herman G. Bright

Printed Page 76 . . . . . Wednesday, January 12, 2000

Referred to the Committee on Education.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1999, and to expire June 30, 2003:

At-Large:

Eugene McGregor Hunter, 843 Camellia St., Columbia, S.C. 29205 VICE W. C. Jenkins

Referred to the Committee on Corrections and Penology.

Reappointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 2000, and to expire March 15, 2006:

At-Large:

Marlene T. McClain, 209 Arden Chase, Anderson, S.C. 29621

Referred to the Committee on Corrections and Penology.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

2nd Congressional District:

Susan Davis Bowers, 500 Tram Rd., Columbia, S.C. 29210 VICE Pelham F. Moss

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 1999, and to expire October 18, 2003:

At-Large:

Cynthia V. Brown, 202 Kennedy Drive, Mullins, S.C. 29574 VICE Kathryn Kling

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1997, and to expire June 30, 2001:

Printed Page 77 . . . . . Wednesday, January 12, 2000

At-Large:

Jerry Leo Finney, The Finney Firm, 1110 Woodrow Street, Columbia, S.C. 29205 VICE Frank Mauldin

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1997, and to expire June 30, 2001:

5th Congressional District:

Betty Davis Gilliam, 805 Clinton Ave., Lancaster, S.C. 29720 VICE James E. Crawford

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Real Estate Commission, with term to commence June 30, 1998, and to expire June 30, 2002:

Public:

Daniel J. Ballou, 242 College Ave., Rock Hill, S.C. 29730 VICE Gerald S. Tompkins, Jr.

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of Directors of the Jobs Economic Development Authority, with term to commence July 27, 1997, and to expire July 27, 2000:

2nd Congressional District:

Thomas C. Barnwell, P. O. Box 21057, Hilton Head, S.C. 29925 VICE Sandra S. Corbitt

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of Directors of the Jobs Economic Development Authority, with term to commence July 27, 2000, and to expire July 27, 2003:

2nd Congressional District:

Thomas C. Barnwell, P. O. Box 21057, Hilton Head, S.C. 29925

Referred to the Committee on Labor, Commerce and Industry.

Printed Page 78 . . . . . Wednesday, January 12, 2000

Initial Appointment, Board of Directors of the Jobs Economic Development Authority, with term to commence July 27, 1999, and to expire July 27, 2002:

4th Congressional District:

Elizabeth Carroll Belenchia, 1340 Pinecrest Road, Spartanburg, S.C. 29302 VICE Gary S. Thompson, Jr.

Referred to the Committee on Labor, Commerce and Industry.

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

General Public:

Rhonwen L. Newton, 1635 Kathwood Dr., Columbia, S.C. 29206 VICE Evelyn F. Causey

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:

Public:

Rhonwen L. Newton, 1635 Kathwood Dr., Columbia, S.C. 29206

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1998, and to expire August 15, 2002:

At-Large:

Danny Joe Rawls, 332 Driftwood Dr., Greenville, S.C. 29673 VICE Luther C. Boliek

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Pharmacy, with term coterminous with Governor:

At-Large:

Debra J. Gammons, 402 Idlewild Ave., Greenville, S.C. 29605 VICE Charles L. Appleby, Jr.

Referred to the Committee on Medical Affairs.

Printed Page 79 . . . . . Wednesday, January 12, 2000

Reappointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 1999, and to expire March 15, 2006:

At-Large:

Henry L. Laffitte, 505 North Memorial Ave., Allendale, S.C. 29810

Referred to the Committee on Medical Affairs.

Reappointment, State Board of Pharmacy, with term coterminous with Governor:

At-Large:

Hubert F. Mobley, 403 West Meeting Street, Lancaster, S.C. 29720

Referred to the Committee on Medical Affairs.

Initial Appointment, Advisory Board to the Head and Spinal Cord Injury Division, with term to commence June 30, 1997, and to expire June 30, 2001:

5th Congressional District:

Sandra Marie Redmon, 25038 Timberlake Dr., Tega Cay, S.C. 29715

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Medical Examiners, with term to commence June 30, 1998, and to expire June 30, 2002:

At-Large:

Susan Carson Reynolds, 32 McPherson Lane, Greenville, S.C. 29605 VICE Elizabeth S. Christensen

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 1998, and to expire June 30, 2002:

6th Congressional District:

J. Lewis Stephens, 719 Laurel Street, Columbia, S.C. 29201 VICE Judy P. Fuller

Printed Page 80 . . . . . Wednesday, January 12, 2000

Referred to the Committee on Medical Affairs.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2377
Agency: Department of Labor, Licensing and Regulation, Board of Physical Therapy Examiners
SUBJECT: Definitions, Officers of the Board, Meetings, Licensing Provisions, Continuing Education, Fees, Standards of Practice, Code of Ethics
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2378
Agency: Department of Labor, Licensing and Regulation, Board of Occupational Therapy
SUBJECT: Definitions, Officers of the Board, Board Meetings, Licensure, Continuing Education, Fees, Code of Ethics
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2407
Agency: Clemson University, Livestock-Poultry Health Division
SUBJECT: Cervidae Entering South Carolina
Received by Lieutenant Governor January 11, 2000
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 9, 2000

Document No. 2431
Agency: Department of Health and Environmental Control
SUBJECT: Tanning Facilities
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Printed Page 81 . . . . . Wednesday, January 12, 2000
Document No. 2432
Agency: Public Service Commission
SUBJECT: Territory and Certificates of Sewerage Utilities and Water Utilities
Received by Lieutenant Governor January 11, 2000
Referred to Judiciary Committee
Legislative Review Expiration May 9, 2000

Document No. 2433
Agency: Department of Labor, Licensing and Regulation, Board of Speech-Language Pathology and Audiology
SUBJECT: Audiology License - Hearing Aid Dispensing; Speech-Language Pathology - Augmentative and/or Alternative Communication Devices
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2437
Agency: Department of Labor, Licensing and Regulation, Board of Medical Examiners
SUBJECT: Respiratory Care Practitioners
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2444
Agency: Department of Health and Environmental Control
SUBJECT: Medical Waste Incineration. Definitions and General Requirements
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2451
Agency: Clemson University - State Crop Pest Commission
SUBJECT: Designation of Plant Pests
Received by Lieutenant Governor January 11, 2000
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 9, 2000

Printed Page 82 . . . . . Wednesday, January 12, 2000
Document No. 2454
Agency: Department of Health and Environmental Control
SUBJECT: Infectious Waste Management
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2455
Agency: Department of Health and Environmental Control
SUBJECT: Classified Waters
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2456
Agency: Department of Health and Environmental Control
SUBJECT: Classified Waters
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2457
Agency: Department of Health and Environmental Control
SUBJECT: Septic Tank Site Evaluation Fees
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2458
Agency: Department of Health and Environmental Control
SUBJECT: Retail Food Establishment Inspection Fees
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2461
Agency: Department of Health and Environmental Control
SUBJECT: Shellfish
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Printed Page 83 . . . . . Wednesday, January 12, 2000
Document No. 2463
Agency: Department of Labor, Licensing and Regulation, Board of Chiropractic Examiners
SUBJECT: Adoption of Part IV of the National Board of Chiropractic Examiners Practical Examination
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2464
Agency: Department of Labor, License and Regulation, Office of Elevator and Amusement Ride Safety
SUBJECT: New and Existing Facilities - Platform and Stairway Chairlifts; Sump Pumps or Drains in Elevator Pits
Received by Lieutenant Governor January 11, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2000

Document No. 2465
Agency: Department of Labor, Licensing and Regulation, Board of Medical Examiners
SUBJECT: Effect of Discipline
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2466
Agency: Department of Labor, Licensing and Regulation, Board of Medical Examiners
SUBJECT: Requirements for Permanent License
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2467
Agency: Department of Labor, Licensing and Regulation, Manufactured Housing Board
SUBJECT: Examination Fees
Received by Lieutenant Governor January 11, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2000

Printed Page 84 . . . . . Wednesday, January 12, 2000
Document No. 2468
Agency: Department of Labor, Licensing and Regulation, Board of Pharmacy
SUBJECT: Repeal Regulations 99-1 through 99-42. Amend Regulation 99-15, Display of Annual Renewal Certificate
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2469
Agency: Department of Labor, Licensing and Regulation, Board of Pharmacy
SUBJECT: Registration Procedure and Waiver of Fee for Volunteer Pharmacy Technicians in Free Medical Clinics
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000

Document No. 2470
Agency: Workers' Compensation Commission
SUBJECT: Settlement by Agreement and Final Release; Reporting Attorneys' Fees for Approval
Received by Lieutenant Governor January 11, 2000
Referred to Judiciary Committee
Legislative Review Expiration May 10, 2000

Document No. 2471
Agency: Employment Security Commission
SUBJECT: Complete Chapter Revision
Received by Lieutenant Governor January 11, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2000

Doctor of the Day

Senator HAYES introduced Dr. R. Duren Johnson of Lancaster, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

Printed Page 85 . . . . . Wednesday, January 12, 2000

S. 1017 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO COMMEND AND EXTEND THE BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MR. LOYE MAYFIELD UPON RETIREMENT FROM HIS MANY YEARS OF DEDICATION TO THE NATURAL RESOURCES CONSERVATION SERVICE.
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The Senate Resolution was adopted.

S. 1018 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2000, AS THE TIME CERTAIN FOR ELECTING A SUCCESSOR TO A COMMISSIONER OF THE PUBLIC SERVICE COMMISSION FOR THE SECOND CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2002.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1019 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 9, 2000, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 5, WHOSE TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2,

Printed Page 86 . . . . . Wednesday, January 12, 2000
WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2000.
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On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

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

Printed Page 87 . . . . . Wednesday, January 12, 2000
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 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.
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Senator PASSAILAIGUE spoke on the Bill.

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

Printed Page 88 . . . . . Wednesday, January 12, 2000

S. 1021 (Word version) -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF KERSHAW COUNTY'S BEST KNOWN AND MOST WELL-RESPECTED PUBLIC SERVANTS AND DISTINGUISHED CITIZENS, AUSTIN MOSES SHEHEEN, SR., WHO PASSED AWAY ON WEDNESDAY, JANUARY 5, 2000.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4398 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF GEORGE COGGIN JAMES, SR., SUMTER ATTORNEY AND SUMMERTON NATIVE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4399 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE JULIEN WEINBERG OF CLARENDON COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4400 (Word version) -- Reps. W. McLeod, Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe,

Printed Page 89 . . . . . Wednesday, January 12, 2000
Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE THOMAS HARRINGTON POPE, JR., OF NEWBERRY COUNTY, FORMER SPEAKER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, UPON HIS DEATH DURING THE LEGISLATIVE INTERIM.

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

H. 4403 (Word version) -- Reps. Huggins, Quinn and Riser: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE OUTDOOR ENSEMBLE OF BANDS OF IRMO OF LEXINGTON COUNTY ON THE OCCASION OF ITS SIXTH CONSECUTIVE SOUTH CAROLINA MARCHING BAND CHAMPIONSHIP AND ON ITS AWARD OF THE SUDLER FLAG OF HONOR FROM THE JOHN PHILLIP SOUSA FOUNDATION.

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

H. 4415 (Word version) -- Reps. Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE FEBRUARY 15, 2000 AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.

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

H. 4418 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION COMMENDING THE JUNIOR LEAGUE OF COLUMBIA FOR SEVENTY-FIVE YEARS OF COMMITMENT TO IMPROVING THE COMMUNITIES AND THE LIVES OF THE RESIDENTS OF

Printed Page 90 . . . . . Wednesday, January 12, 2000
THE STATE'S MIDLANDS REGION THROUGH THE EFFECTIVE ACTION AND LEADERSHIP OF TRAINED VOLUNTEERS.

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 SC BANKERS ASSOCIATION to attend a reception at the Adam's Mark Hotel on Tuesday, January 11, 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 AMERICAN INSTITUTE OF ARCHITECTS, SC CHAPTER to attend a reception at the Columbia Museum of Art on Wednesday, January 12, 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 COLUMBIA INTERNATION UNIVERSITY to attend a breakfast in Room 221 of the Blatt Building on Thursday, January 13, 2000, from 7:30 until 9:00 A.M.

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

An invitation from the SC CHAMBER OF COMMERCE to attend a reception at the Capital City Club on Tuesday, January 18, 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 SC CABLE TELEVISION ASSOCIATION to attend a reception at the Capital City Club on Wednesday, January 19, 2000, from 8:30 until 10:00 P.M.

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

Printed Page 91 . . . . . Wednesday, January 12, 2000

An invitation from the SC MANUFACTURERS ALLIANCE to attend a breakfast at the Adam's Mark Hotel on Thursday, January 20, 2000, from 7:30 until 9:00 A.M.

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

An invitation from the INDEPENDENT BANKS OF SC to attend a reception at the Capital City Club on Tuesday, January 25, 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 SC COUNCIL OF ALCOHOL AND DRUG ABUSE AUTHORITIES to attend a breakfast at the Summit Club on Wednesday, January 26, 2000, from 8:00 until 9:00 A.M.

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

An invitation from the NATIONAL FEDERATION OF THE BLIND OF SC to attend a buffet luncheon in Room 208 of the Blatt Building on Wednesday, January 26, 2000, upon adjournment until 2:00 P.M.

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

An invitation from the CITY OF COLUMBIA to attend a reception at the Columbia Museum of Art on Wednesday, January 26, 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 SC ASSOCIATION OF DRUG COURT PROFESSIONALS to attend a breakfast at the Adam's Mark Hotel on Thursday, January 27, 2000, from 7:30 until 8:30 A.M.

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

SECOND READING BILL

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

Printed Page 92 . . . . . Wednesday, January 12, 2000

S. 943 (Word version) -- Senators Mescher, Passailaigue, Grooms and Branton: A BILL TO AMEND SECTION 2 OF ACT 1093 OF 1966, AS LAST AMENDED BY ACT 603 OF 1971, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION IN BERKELEY COUNTY, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP ON THE COMMISSION.

(By prior motion of Senator MESCHER)

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

MADE 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.

Senator HAYES moved that the Bill be made a Special Order.

Senator McCONNELL moved that the Senate stand adjourned.

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

Ayes 7; Nays 30

AYES

Ford                      Hutto                     Land
Printed Page 93 . . . . . Wednesday, January 12, 2000
Leventis                  McConnell                 Passailaigue
Saleeby

Total--7

NAYS

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Courtney                  Drummond                  Fair
Giese                     Gregory                   Grooms
Hayes                     Leatherman                Martin
McGill                    Mescher                   Moore
O'Dell                    Peeler                    Rankin
Ravenel                   Ryberg                    Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington                Wilson

Total--30

Recorded Vote

Senator JACKSON desired to be recorded as voting against the motion to adjourn.

The Senate refused to adjourn.

The question then was the motion to make S. 544 a Special Order.

By a division vote of 27-7, the Bill was made a Special Order.

RECOMMITTED

H. 3626 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE TO PROMULGATE STRICT AND COMPREHENSIVE REGULATIONS NECESSARY TO REGULATE THE OPERATION OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE INCLUDING A RECOMMENDATION FOR THE IMPOSITION OF A TAX RATE AND REGULATIONS TO IMPOSE FEES ON SUCH MACHINES OR ON THE OWNERS, DISTRIBUTORS, OR OPERATORS THEREOF IN AN AMOUNT NECESSARY TO GENERATE REVENUE IN THE AGGREGATE OF AT LEAST TWO HUNDRED MILLION DOLLARS ANNUALLY, AND TO PROVIDE FOR THE

Printed Page 94 . . . . . Wednesday, January 12, 2000
PROCEDURES UNDER WHICH THE REGULATIONS MUST BE PROMULGATED INCLUDING A PROVISION THAT THEY MUST BE SUBMITTED TO THE GENERAL ASSEMBLY BY APRIL 1, 1999, AND ARE DEEMED APPROVED ON JUNE 3, 1999, IF THE GENERAL ASSEMBLY HAS NOT ENACTED A JOINT RESOLUTION PRIOR TO THIS DATE APPROVING OR DISAPPROVING SUCH REGULATIONS.

On motion of Senator MOORE, the Joint Resolution was recommitted to the Committee on Finance.

RECOMMITTED

H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

On motion of Senator MOORE, the Joint Resolution was recommitted to the Committee on Finance.

RECOMMITTED

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

On motion of Senator MOORE, the Bill was recommitted to the Committee on Transportation.

RECOMMITTED

H. 3493 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 18, 1999.

Printed Page 95 . . . . . Wednesday, January 12, 2000

On motion of Senator MOORE, the Concurrent Resolution was recommitted to the Committee on Invitations.

RECOMMITTED

H. 3762 (Word version) -- Reps. Gamble and McCraw: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 17, 1999, AND FRIDAY, JUNE 18, 1999.

On motion of Senator MOORE, the Concurrent Resolution was recommitted to the Committee on Invitations.

MOTION ADOPTED

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

MOTION ADOPTED

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Camden Mayor Austin Moses Sheheen, Sr., beloved citizen and respected leader of Camden, S.C., and Kershaw County.

ADJOURNMENT

At 11:25 A.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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