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


Printed Page 1343 . . . . . Wednesday, April 14, 1999

Wednesday, April 14, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 9:30 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 words relevant to our day, written by St. Paul to the Romans of all people, Chapter 13 (v. 1):

"Let every person be subject to the governing authorities. For there is no authority except from God..."
Let us pray.

Heavenly Father, we believe, with St. Paul, that You have established civil authority for the well-being of mankind.

We thank You that ordered government is a gift of God's love and not, primarily, an arbitrary creation of men and women.

Help us, O Lord, who bear the shuddering responsibility of the LAW in this place, to be aware of our calling to encourage, to enhance, and so control the exercise of government by and for our people that it is, as we shall say in our pledge to the flag, "UNDER GOD."

So, help us now, today, to guard and use our gifts of responsible leadership that our people may live in peace, with a measure of prosperity, respect for each other... and be known as the "Beloved Community."
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Henry W. Guerard, Post Office Box 941, Charleston, S.C. 29402-0941


Printed Page 1344 . . . . . Wednesday, April 14, 1999

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Mary B. Holmes, 5962 Highway 165, Suite 200, Ravenel, S.C. 29470

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Leon E. Yard, 2072 Dunlap Roddey Road, Rock Hill, S.C. 29730

Doctor of the Day

Senator McCONNELL introduced Dr. Jim McCoy of Charleston, S.C., Doctor of the Day.

Leave of Absence

At 9:30 A.M., Senator WILSON requested a leave of absence from 3:00-5:30 P.M. today.

Leave of Absence

At 9:30 A.M., Senator GIESE requested a leave of absence from 9:30-11:30 A.M. on Friday, April 16, 1999.

Leave of Absence

At 9:30 A.M., Senator COURTNEY requested a leave of absence from 8:00 P.M. today until 9:00 A.M. Monday, April 19, 1999.

Leave of Absence

On motion of Senator CORK, at 9:30 A.M., Senator RUSSELL was granted a leave of absence until 12:00 P.M.

Leave of Absence

At 9:35 A.M., Senator RYBERG requested a leave of absence from 7:00 A.M.-2:00 P.M. on Friday, April 16, 1999.

Leave of Absence

At 11:45 A.M., Senator SETZLER requested a leave of absence from 3:15-5:15 P.M.

Leave of Absence

At 11:45 A.M., Senator BAUER requested a leave of absence from 3:15-5:15 P.M.


Printed Page 1345 . . . . . Wednesday, April 14, 1999

Leave of Absence

At 11:45 A.M., Senator RYBERG requested a leave of absence from 3:15-5:15 P.M.

Leave of Absence

At 11:45 A.M., Senator SALEEBY requested a leave of absence from 1:00-2:15 P.M.

Leave of Absence

At 4:50 P.M., Senator HOLLAND requested a leave of absence until 9:00 A.M. on Thursday, April 15, 1999.

RECALLED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 353 (Word version) -- Senator Elliott: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.

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

Senator HOLLAND asked unanimous consent to give the Bill a second reading with notice of general amendments.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 714 (Word version) -- Senators Elliott, McGill, Rankin, Land, Glover, Saleeby and Leatherman: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, SO AS TO ESTABLISH THE TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION AND FUND, AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH TOBACCO PRODUCT MANUFACTURERS;


Printed Page 1346 . . . . . Wednesday, April 14, 1999

AND TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 126, SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO SETTLEMENT FOUNDATION AND FUND AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND THE DISTRIBUTION OF MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH THE TOBACCO PRODUCT MANUFACTURERS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 715 (Word version) -- Senator Hayes: A BILL TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.

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

S. 716 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.

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

S. 717 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.

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

S. 718 (Word version) -- Senator Wilson: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 1347 . . . . . Wednesday, April 14, 1999

RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING ARTICLE 12 SO AS TO PROVIDE AN ADMINISTRATIVE DUE PROCESS PROCEDURE FOR A LAW ENFORCEMENT OFFICER WHO IS UNDER INVESTIGATION FOR ALLEGED IMPROPER CONDUCT, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER IS NOT REQUIRED TO DISCLOSE HIS OR A MEMBER OF HIS HOUSEHOLD'S FINANCIAL RESOURCES AND EXPENDITURES, TO PROVIDE THAT WHEN CERTAIN PERSONNEL ACTIONS ARE BROUGHT AGAINST A LAW ENFORCEMENT OFFICER, THE OFFICER MUST BE NOTIFIED OF THE ACTION AND GIVEN AN OPPORTUNITY TO PREPARE A RESPONSE TO THE ACTION, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO IS FOUND GUILTY OF AN OFFICIAL DEPARTMENTAL CHARGE MAY APPEAL THE DECISION TO THE COURT OF GENERAL SESSIONS, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST NOT BE PENALIZED FOR PURSUING HIS RIGHTS AS CONTAINED IN THIS ARTICLE, TO PROVIDE THAT AN OFF-DUTY LAW ENFORCEMENT OFFICER MAY ENGAGE IN POLITICAL ACTIVITY, AND TO PROVIDE THAT A SHERIFF, CHIEF OF POLICE, OR CHIEF OF PUBLIC SAFETY SHALL NOT IMPOSE A PENALTY GREATER THAN A PENALTY RECOMMENDED BY A DEPARTMENTAL DISCIPLINARY COMMITTEE.

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

S. 719 (Word version) -- Senator Land: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS ADMINISTERED UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF MANUFACTURED HOME MANUFACTURERS, RETAIL DEALERS, SALES PERSONS, CONTRACTORS, INSTALLERS, AND REPAIRERS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.


Printed Page 1348 . . . . . Wednesday, April 14, 1999

S. 720 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-10-225, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY FOR A MOTOR VEHICLE, SO AS TO PROVIDE THAT A CHARGE OF FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES.

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

S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.

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

H. 3809 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY INCLUDING PASSENGER MOTOR VEHICLES, RECREATIONAL VEHICLES, PICKUP TRUCKS, TRAILERS, MOTORCYCLES, BOATS, AND PRIVATE AIRCRAFT, AND EXCLUDING UNITS OF MANUFACTURED HOUSING AND COMMERCIALLY OPERATED AIRCRAFT, ALL AS DEFINED BY LAW, AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.


Printed Page 1349 . . . . . Wednesday, April 14, 1999

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

H. 3815 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THE LANGUAGE FOR THE EXPLANATION OF THE CONSTITUTIONAL BALLOT COMMISSION FOR THE AMENDMENT TO THE CONSTITUTION OF THIS STATE PROPOSED PURSUANT TO H. 3809 OF 1999.

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

H. 3910 (Word version) -- Reps. Cooper, H. Brown, Gourdine, Hinson, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING FRANCIS S. CURREY OF MONCKS CORNER ON THE MILITARY HONORS BESTOWED UPON HIM BY A GRATEFUL NATION.

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

H. 3917 (Word version) -- Reps. Harvin, Gamble, H. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis,


Printed Page 1350 . . . . . Wednesday, April 14, 1999

Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, 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 JOSEPH ROGERS, JR., OF CLARENDON COUNTY, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES.

The question then was the adoption of the Concurrent Resolution.

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

Ayes 46; Nays 0

AYES

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

Total--46


Printed Page 1351 . . . . . Wednesday, April 14, 1999

NAYS

Total--0

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

H. 3918 (Word version) -- Reps. Neal and Bales: A CONCURRENT RESOLUTION TO CONGRATULATE THE DIAMONDS OF LOWER RICHLAND HIGH SCHOOL OF RICHLAND COUNTY ON WINNING THE STATE AND REGIONAL 1999 CLASS AAAA BOYS BASKETBALL CHAMPIONSHIPS.

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

H. 3188--CONFERENCE COMMITTEE
APPOINTEE SUBSTITUTED

H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

The PRESIDENT Pro Tempore appointed Senator PEELER in lieu of Senator BRYAN to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

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

THIRD READING BILLS

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

S. 37 (Word version) -- Senators Hayes, Elliott, Giese, Rankin and Branton: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN


Printed Page 1352 . . . . . Wednesday, April 14, 1999

EVICTED, SO AS TO PROVIDE THAT IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735, WHICH IS IDENTICAL TO SECTION 27-40-710(D).

S. 87 (Word version) -- Senators Thomas, Elliott and Hayes: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.

S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.

Senator BRYAN explained the Bill.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

S. 659 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby and Rankin: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO


Printed Page 1353 . . . . . Wednesday, April 14, 1999

PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.

Senator LEATHERMAN explained the Bill.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 585 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.


Printed Page 1354 . . . . . Wednesday, April 14, 1999

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD 0585.001.DOC), which was adopted:

Amend the bill, as and if amended, page 3, line 3, in Section 14-1-211(B), as contained in SECTION 4, by striking line 3 in   its entirety and inserting therein the following:

/ or county. However, these These funds first must be appropriated to the /.

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

SECOND READING BILL

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

S. 708 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY AMENDING SECTION 16-3-800, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL CONDUCT INCLUDES LEWD EXHIBITION OF THE FEMALE BREASTS; BY ADDING SECTION 16-3-1600, SO AS TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY", "SEXUAL FONDLING", "INTIMATE PARTS", AND "ACTOR"; BY ADDING SECTION 16-3-1610, SO AS TO PROHIBIT A PERSON FROM ENTICING A MINOR UNDER SIXTEEN YEARS OF AGE TO ENGAGE IN "SEXUAL BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION 16-3-1620, SO AS TO PROVIDE A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610; AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO


Printed Page 1355 . . . . . Wednesday, April 14, 1999

EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT; TO AMEND SECTION 16-15-375, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL ACTIVITY INCLUDES TOUCHING ONE'S SELF OR ANOTHER PERSON IN AN ACT OF APPARENT SEXUAL STIMULATION OR SEXUAL ABUSE; TO AMEND SECTION 20-4-40, RELATING TO PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT CHARGE A FEE FOR FILING A PETITION FOR AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO AMEND SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD CERTAIN OFFENSES TO THE LIST OF OFFENSES FOR WHICH A PERSON MUST REGISTER.

CARRIED OVER

S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, AND TO AMEND CHAPTER 7 OF TITLE 20 RELATING TO VARIOUS SECTIONS OF THE CHILDREN CODE. (ABBREVIATED TITLE)

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

S. 706 (Word version) -- Senators Holland and Leventis: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.

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


Printed Page 1356 . . . . . Wednesday, April 14, 1999

S. 670 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF DEER NEAR RESIDENCES SO AS TO PROVIDE THAT A LANDOWNER HUNTING ON HIS OWN LAND, HIS LICENSEE, OR A PERSON TAKING DEER PURSUANT TO A DEPARTMENT PERMIT ARE EXEMPT FROM THE PROHIBITION AGAINST HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE.

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

AMENDMENT PROPOSED, CARRIED OVER

S. 597 (Word version)--Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY. (ABBREVIATED TITLE)

Senator HAYES proposed the following amendment (JUD0597.002):

Amend the bill, as and if amended, page 9, beginning on line 18, in Section 56-5-2951(H), as contained in SECTION 6, by striking lines 18 through 20 in their entirety and inserting therein the following:

/ However, upon a showing of exigent circumstances by either party, a continuance may be granted not to exceed thirty days. The scope of the hearing must be limited to whether the /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the Bill.


Printed Page 1357 . . . . . Wednesday, April 14, 1999

On motion of Senator HUTTO, the Bill was carried over.

AMENDMENT PROPOSED, CARRIED OVER

S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.

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

Senator WILSON proposed the following amendment (NBD\11274JM99):

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

/   SECTION   1.   Section 29-3-310 of the 1976 Code is amended to read:

"Section 29-3-310.   Any person holder of record of a mortgage who has received full payment or satisfaction or to whom a legal tender has been made of his debts, damages, costs, and charges secured by mortgage of real estate shall, at the request by certified mail or other form of delivery with a proof of delivery of the mortgagor or of his legal representative or any other person being a creditor of the debtor or a purchaser under him or having an interest in any estate bound by the mortgage and on tender of the fees of office for entering satisfaction, within three months after the certified mail request is made, enter satisfaction in the proper office on the mortgage which shall forever thereafter discharge and satisfy the mortgage."

SECTION 2.   Section 29-3-320 of the 1976 Code is amended to read:


Printed Page 1358 . . . . . Wednesday, April 14, 1999

"Section 29-3-320.   Any person holder of record of a mortgage having received such payment, satisfaction, or tender as aforesaid who shall not, by himself or his attorney, within three months after such certified mail request and tender of fees of office, repair to the proper office and enter satisfaction as aforesaid shall forfeit and pay to the person aggrieved a sum of money not exceeding one half of the amount of the debt secured by the mortgage, to be recovered by action in any court of competent jurisdiction within the State. And on judgment being rendered for the plaintiff in any such action, the presiding judge shall order satisfaction to be entered on the judgment or mortgage aforesaid by the clerk, register or other proper officer whose duty it shall be, on receiving such order, to record it and to enter satisfaction accordingly.

Notwithstanding any limitations under Sections 37-2-202 and 37-3-202, the holder of record of the mortgage may charge a reasonable fee at the time of the satisfaction not to exceed twenty-five dollars to cover the cost of processing and recording the satisfaction or cancellation. If the mortgagor or his legal representative instructs the holder of record of the mortgage that the mortgagor will be responsible for filing the satisfaction, the holder of the mortgage shall mail or deliver the satisfied mortgage to the mortgagor or his legal representative with no satisfaction fee charged.

A holder of record of the mortgage may not be held liable in any action brought under this section if the holder of record of the mortgage shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any error."

SECTION   3.   Section 29-3-330 of the 1976 Code, as last amended by Act 478 of 1994, is further amended by adding:

"(e)   Any licensed attorney admitted to practice in the State of South Carolina who can provide proof of payment of funds by evidence of payment made payable to the mortgagee, holder of record, servicer, or other party entitled to receive payment may record, or cause to be recorded, an affidavit, in writing, duly executed in the presence of two witnesses and probated or acknowledged, which states that full payment of the balance or pay-off amount of the mortgage or other instrument securing the payment of money and being a lien upon real property has been made and that evidence of payment from the mortgagee, assignee, or servicer exists. This affidavit, duly recorded in the appropriate county, shall serve as notice of satisfaction of the mortgage and release of the lien upon the real property. The filing of


Printed Page 1359 . . . . . Wednesday, April 14, 1999

the affidavit shall be sufficient to satisfy, release, or discharge the lien. Upon presentation of the instrument of satisfaction, release, or discharge, the officer or his deputy having charge of the recording of instruments shall record the same. The licensed attorney signing any such instrument which is false is guilty of perjury and shall suffer the penalty provided by law for the crime of perjury. The affidavit referred to in this item (e) shall be as follows:

STATE OF SOUTH CAROLINA     MORTGAGE LIEN

COUNTY OF ______________     SATISFACTION AFFIDAVIT

PURSUANT TO SECTION ___

OF SC CODE OF LAWS

FOR BOOK ____ PAGE _____

The undersigned on oath, being first duly sworn, hereby certifies as follows:

1.   The undersigned is a licensed attorney admitted to practice in the State of South Carolina.

2.   The with respect to the mortgage given by ___________________ to ______________________ dated _______

and recorded in the offices of the Register of Deeds in book _________ of page ________

3.   a. [ ] That the undersigned was given written payoff information and made such pay off and is in possession of a canceled check to the mortgagee holder of a record or representative servicer.

b.   [ ] That the undersigned was given written payoff information and made such pay off by wire transfer or other electronic means to the mortgagee, holder of a record or representative servicer and has confirmation from the undersigned's bank of the transfer to the account provided by the mortgagee, holder of record or representative servicer.

c.   [ ] That the undersigned has been provided and is in possession of evidence of the full payment of the mortgage lien.

Under penalties of perjury, I declare that I have examined this affidavit and, to the best of my knowledge and belief, it is true, correct and complete.

________________________         ________________________

(Witness)                             (Signature)

_________________________         ________________________

(Witness)                           (Name - Please Print)


Printed Page 1360 . . . . . Wednesday, April 14, 1999

SUBSCRIBED AND SWORN TO

before me this __________ day

of ____________________

______________________

(Notary Public)

My commission expires:

Upon presentation to the office of the Register of Deeds the Register is directed to record pursuant to Section 29-3-330(e) and mark the mortgage satisfied of record."

SECTION   4.   Section 29-3-325 of the 1976 Code is repealed.

SECTION   5.   This act takes effect upon the approval by the Governor. /

Amend title to conform.

On motion of Senator LAND, the Bill was carried over.

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

DEBATE INTERRUPTED

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the Amendment No. P-1 (Doc. No. 3002R008.ELP) proposed by Senators PASSAILAIGUE, LAND and


Printed Page 1361 . . . . . Wednesday, April 14, 1999

McCONNELL and previously printed in the Journal of Tuesday, April 13, 1999.

Senator HAYES argued contra to the adoption of the amendment.

Motion Adopted

On motion of Senator MOORE, with unanimous consent, the members of the Medical Affairs Committee were granted leave to attend a meeting of the committee, be counted in any quorum calls, and be notified of any roll call votes.

Motion Adopted

On motion of Senator SETZLER, with unanimous consent, the members of the Education Committee were granted leave to attend a meeting of the committee, be counted in any quorum calls, and be notified of any roll call votes.

Motion Adopted

On motion of Senator MESCHER, with unanimous consent, Senator MESCHER was granted leave to attend a subcommittee meeting and be notified of any roll call votes.

Senator HAYES argued contra to the adoption of the amendment.

MOTION ADOPTED
Rule 3b Invoked

At 11:03 A.M., in the absence of a quorum, Senator MOORE moved under Rule 3b to send for the absent members.

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

Ayes 25; Nays 19

AYES

Bryan                     Courtney                  Drummond
Elliott                   Ford                      Glover
Holland                   Hutto                     Jackson
Land                      Leventis                  Matthews
McConnell                 McGill                    Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel

Printed Page 1362 . . . . . Wednesday, April 14, 1999

Saleeby                   Setzler                   Short
Washington

Total--25

NAYS

Alexander                 Anderson                  Bauer
Branton                   Cork                      Courson
Fair                      Giese                     Grooms
Hayes                     Leatherman                Martin
Mescher                   Reese                     Ryberg
Smith, J. Verne           Thomas                    Waldrep
Wilson

Total--19

At 11:08 A.M., Rule 3b was invoked.

Senator HAYES argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 11:17 A.M., Senator THOMAS assumed the Chair.

Senator HAYES argued contra to the adoption of the amendment.

MOTION ADOPTED

With Senator HAYES retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate recede from business from 12:00 until 12:40 P.M., and upon reconvening at 12:40 P.M., the roll of the Senate would be called.

Senator HAYES argued contra to the adoption of the amendment.

By prior motion of Senator DRUMMOND, debate was interrupted by recess, Senator HAYES retaining the floor.

RECESS

At 12:02 P.M., on motion of Senator MOORE, the Senate receded from business until 12:40 P.M.


Printed Page 1363 . . . . . Wednesday, April 14, 1999

AFTERNOON SESSION

The Senate reassembled at 12:45 P.M. and was called to order by the PRESIDENT.

DEBATE INTERRUPTED

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

The Senate resumed consideration of the Bill. The question being the adoption of the Amendment No. P-1 (Doc. No. 3002R008.ELP) proposed by Senators PASSAILAIGUE, LAND and McCONNELL and previously printed in the Journal of Tuesday, April 13, 1999.

Senator HAYES argued contra to the adoption of the amendment.

RECESS

At 12:50 P.M., with Senator HAYES retaining the floor, on motion of Senator FAIR, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 12:58 P.M., the Senate resumed.

Senator HAYES argued contra to the adoption of the amendment.

RECESS

At 12:59 P.M., with Senator HAYES retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business until 1:05 P.M.

At 1:05 P.M., the Senate resumed.


Printed Page 1364 . . . . . Wednesday, April 14, 1999

Senator HAYES argued contra to the adoption of the amendment.

Call of the Senate

Pursuant to the prior motion of Senator DRUMMOND, Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:

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

Recorded Presence

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

Motion Adopted

Senator MOORE asked unanimous consent to make a motion subsequent to the Call of the Senate that in the absence of a quorum, the Senate stand in recess pending the arrival of a quorum.

There was no objection and the motion was adopted.

A quorum being present, the Senate resumed.

Senator HAYES argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 1:30 P.M., Senator ALEXANDER assumed the Chair.

Senator HAYES argued contra to the adoption of the amendment.


Printed Page 1365 . . . . . Wednesday, April 14, 1999

PRESIDENT PRESIDES

At 1:50 P.M., the PRESIDENT assumed the Chair.

Senator HAYES argued contra to the adoption of the amendment.

Senator MARTIN argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 3:51 P.M., Senator ALEXANDER assumed the Chair.

Senator MARTIN argued contra to the adoption of the amendment.

Motion Adopted

Senator DRUMMOND asked unanimous consent to be granted leave to attend a meeting.

There was no objection and the motion was adopted.

Senator MARTIN argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 3:00 P.M., the PRESIDENT assumed the Chair.

Senator MARTIN argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 3:14 P.M., Senator LEATHERMAN assumed the Chair.

Senator MARTIN argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 3:55 P.M., Senator RAVENEL assumed the Chair.

Senator MARTIN continued arguing contra to the adoption of the amendment.

Motion Adopted

Senator MOORE asked unanimous consent that Senators COURTNEY, CORK, MESCHER, RANKIN and MOORE be granted leave to attend a subcommittee meeting and be counted in any quorum calls.

There was no objection and the motion was adopted.


Printed Page 1366 . . . . . Wednesday, April 14, 1999

Senator MARTIN continued arguing contra to the adoption of the amendment.

Motion Adopted

Senator LEATHERMAN asked unanimous consent that he be granted leave to attend a meeting.

There was no objection and the motion was adopted.

Point of Quorum

At 4:30 P.M., Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Courtney                  Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Grooms
Hayes                     Holland                   Hutto
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Russell                   Saleeby
Short                     Thomas                    Washington

A quorum being present, the Senate resumed.

Senator MARTIN continued arguing contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 4:40 P.M., Senator BRANTON assumed the Chair.

Senator MARTIN continued arguing contra to the adoption of the amendment.


Printed Page 1367 . . . . . Wednesday, April 14, 1999

MOTION ADOPTED

With Senator MARTIN retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate recede from business from 5:00 until 7:30 P.M., and upon reconvening at 7:30 P.M., the roll of the Senate would be called.

PRESIDENT PRESIDES

At 4:55 P.M., the PRESIDENT assumed the Chair.

Senator MARTIN argued contra to the adoption of the amendment.

By prior motion of Senator DRUMMOND, debate was interrupted by recess, with Senator MARTIN retaining the floor.

RECESS

At 5:00 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 7:30 P.M.

NIGHT SESSION

The Senate reassembled at 7:32 P.M. and was called to order by the PRESIDENT.

DEBATE INTERRUPTED

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

The Senate resumed consideration of the Bill. The question being the adoption of the Amendment No. P-1 (Doc. No. 3002R008.ELP)


Printed Page 1368 . . . . . Wednesday, April 14, 1999

proposed by Senators PASSAILAIGUE, LAND and McCONNELL and previously printed in the Journal of Tuesday, April 13, 1999.

Point of Quorum

Senator HAYES made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN moved that the Senate stand adjourned.

Senator MOORE asked to be heard.

Point of Order

Senator LEATHERMAN raised a Point of Order that the motion to adjourn was a nondebatable motion.

Objection

Senator MOORE asked unanimous consent to speak on the motion.

Senator LEATHERMAN objected.

Parliamentary Inquiry

Senator LAND made a Parliamentary Inquiry as to whether the correct time was then 7:30 P.M.

The PRESIDENT stated that according to his watch, the time was 7:34 P.M.

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

Ayes 12; Nays 10

AYES

Alexander                 Fair                      Giese
Gregory                   Hayes                     Leatherman
Martin                    Mescher                   Ryberg
Thomas                    Waldrep                   Wilson

Total--12

NAYS

Bryan                     Drummond                  Land
Leventis                  Moore                     Passailaigue

Printed Page 1369 . . . . . Wednesday, April 14, 1999

Setzler                   Short                     Smith, J. Verne
Washington

Total--10

Debate was interrupted by adjournment, Senator MARTIN retaining the floor.

LOCAL APPOINTMENTS
Confirmations

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

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Henry W. Guerard, Post Office Box 941, Charleston, S.C. 29402-0941

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Mary B. Holmes, 5962 Highway 165, Suite 200, Ravenel, S.C. 29470

Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Leon E. Yard, 2072 Dunlap Roddey Road, Rock Hill, S.C. 29730

MOTION ADOPTED

On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Caroline Shuler Dantzler of the Providence Community of Orangeburg, S.C.

ADJOURNMENT

At 7:39 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Friday, June 26, 2009 at 9:41 A.M.