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 St. Paul's words to the Corinthians, First Letter, Chapter 3 (v. 10):
"According to the grace of God given to me, like a skilled
master-builder I laid a foundation, and someone else is building on it.
Each builder must choose with care how to build on it."
Let us pray.
Dear Lord, so guide us this day that we shall not become enmeshed in the mechanics of our problems of procedure that we fail together to see the total pattern.
As our loom's shuttle flies back and forth, weaving the fabric of our legislation that shall become the tapestry depicting the form of our state's government, give us the overview that we may see that our purpose is to fashion an instrument that shall shield the treasures of our past, and provide a weapon and a tool with which to meet the needs and opportunities of the future.
Give us, today, and every day, high and vaulted thinking!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:25 A.M., Senator RAVENEL requested a leave of absence beginning at 3:00 P.M. today and lasting until 11:00 A.M. tomorrow.
At 11:50 A.M., Senator LEVENTIS requested a leave of absence from 2:00 - 8:00 P.M.
At 11:55 A.M., Senator RUSSELL requested a leave of absence from 12:00 - 2:00 P.M.
At 11:55 A.M., Senator GIESE requested a leave of absence from 3:30 - 4:00 P.M.
At 11:58 A.M., Senator HUTTO requested a leave of absence from 6:00 - 8:30 P.M.
On motion of Senator HUTTO, at 11:58 A.M., Senator MATTHEWS was granted a leave of absence from 6:00 - 8:30 P.M.
At 12:00 P.M., Senator RANKIN requested a leave of absence beginning at 2:00 P.M. Sunday, April 18, 1999, and lasting until 7:00 A.M. Monday, April 19, 1999.
At 12:00 P.M., Senator GROOMS requested a leave of absence beginning at 1:00 P.M. today and lasting until 12:00 P.M. Tuesday, April 20, 1999.
At 3:50 P.M., Senator WALDREP requested a leave of absence until 10:00 A.M. Saturday, April 17, 1999.
At 4:10 P.M., Senator WASHINGTON requested a leave of absence until 7:00 P.M.
At 9:20 A.M., Senator WILSON requested a leave of absence from 8:30 A.M. - 10:00 A.M. on Friday, April 16, 1999.
On motion of Senator MOORE, at 11:55 P.M., Senator HOLLAND was granted a leave of absence for the balance of the legislative day.
At 11:55 P.M., Senator DRUMMOND requested a leave of absence beginning at 6:00 A.M. until 2:00 P.M. on Friday, April 16, 1999.
At 1:07 A.M., Senator SALEEBY requested a leave of absence until 10:00 A..M. on Friday, April 16, 1999.
At 5:35 A.M., Senator J. VERNE SMITH requested a leave of absence for approximately two hours.
At 7:29 A.M., Senator FORD requested a leave of absence until 8:00 A.M.
Senator ANDERSON rose to a Point of Personal Privilege.
Senator LAND moved that the Senate Journal from Wednesday, April 14, 1999, be corrected on page 29 to reflect that the Senate reassembled, at 7:25 P.M., for the Night Session according to the Senate Clock instead of 7:32 P.M. as reflected in the Journal.
Senators MARTIN and LEVENTIS spoke on the motion.
Senator DRUMMOND spoke on the motion.
Senator DRUMMOND spoke on the motion and moved that it be the Sense of the Senate that the Clock above the Desk in the Senate Rostrum is the Official Clock of the Senate, to be maintained by the Clerk of the Senate, and the time shown thereon is the official time for all purposes of the Senate's actions and proceedings.
Senator J. VERNE SMITH spoke on the Sense of the Senate motion.
There was no objection and the Sense of the Senate motion was adopted.
On motion of Senator LAND, with unanimous consent, the motion to correct the Senate Journal was withdrawn.
The following were introduced:
S. 722 (Word version) -- Senators Jackson, Glover, Ford, Matthews, Patterson, Anderson and Washington: A BILL TO AMEND SECTION 59-149-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT OF A MINIMUM SCHOLASTIC APTITUDE TEST SCORE; AND TO AMEND SECTION 59-104-20, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO ESTABLISH MINIMUM GRADE POINT AVERAGE AND CLASS RANK REQUIREMENTS AND TO PROHIBIT THE USE OF THE SCHOLASTIC ASSESSMENT TEST (SAT), THE PRELIMINARY SCHOLASTIC ASSESSMENT TEST (PSAT), OR AMERICAN COLLEGE TEST (ACT) IN MAKING DETERMINATIONS OF SCHOLARSHIP RECIPIENTS.
Read the first time and referred to the Committee on Education.
S. 723 (Word version) -- Senators Washington, Hutto and Matthews: A BILL TO AMEND SECTION 6-4-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF REVENUE DERIVED FROM THE COLLECTION OF ACCOMMODATION TAXES, SO AS TO DEFINE THE PHRASE "HIGH CONCENTRATION OF TOURISM ACTIVITY".
Read the first time and referred to the Committee on Finance.
S. 724 (Word version) -- Senators Giese and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-425 SO AS TO EXEMPT THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS FROM THE PROVISIONS OF CHAPTER 11, TITLE 40 REQUIRING LICENSURE TO PERFORM CERTAIN GENERAL AND MECHANICAL CONTRACTING WORK, IF ALL LABOR IS SUPPLIED BY THE AGENCY'S OWN FORCES.
Read the first time and referred to the Committee on Finance.
S. 725 (Word version) -- Senators Holland, Courtney, Glover and Ryberg: A BILL TO AMEND SECTIONS 20-7-420, 20-7-1315 AND 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A
Read the first time and referred to the Committee on Judiciary.
S. 726 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR THE DISPENSING AND SALE OF DRUGS, SO AS TO CLARIFY CONDITIONS UNDER WHICH A PHYSICIAN MAY DISPENSE NONCONTROLLED DRUGS AT A CLINIC PROVIDING FREE MEDICAL SERVICES AND TO CLARIFY WHICH NONNARCOTIC NONPRESCRIPTION DRUGS MAY BE SOLD
Read the first time and referred to the Committee on Medical Affairs.
S. 727 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR A SYSTEM OF ALTERNATIVE SCHOOLS FOR SPECIFIED STUDENTS IN GRADES 6-12 FOR WHICH A SCHOOL DISTRICT SHALL RECEIVE CERTAIN FUNDING IF IT CHOOSES TO ESTABLISH, MAINTAIN, AND OPERATE AN ALTERNATIVE SCHOOL EITHER INDIVIDUALLY OR THROUGH A COOPERATIVE AGREEMENT WITH OTHER DISTRICTS, AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS.
Read the first time and ordered placed on the Calendar without reference.
S. 728 (Word version) -- Medical Affairs Committee: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT".
Read the first time and ordered placed on the Calendar without reference.
S. 729 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT, IF THE NUMBER OF QUALIFIED CANDIDATES OFFERING FOR ELECTION IS EQUAL TO THE NUMBER OF EXISTING VACANCIES, THEN THE CANDIDATES MUST BE DEEMED ELECTED WITHOUT AN ELECTION BEING HELD.
Read the first time and ordered placed on the local and uncontested Calendar.
S. 730 (Word version) -- Senators Leventis, Giese and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE GOVERNMENT OF THE UNITED STATES TO MAINTAIN ITS COMMITMENT TO AMERICA'S MILITARY RETIREES BY PROVIDING LIFETIME HEALTH CARE FOR MILITARY RETIREES OVER THE AGE OF SIXTY-FIVE YEARS, TO PROVIDE AMERICA'S MILITARY RETIREES AND THEIR FAMILIES WITH THE HEALTH CARE THEY WERE PROMISED AND EARNED BY ENACTING COMPREHENSIVE LEGISLATION THAT AFFORDS MILITARY RETIREES ACCESS TO HEALTH CARE THROUGH MILITARY TREATMENT FACILITIES OR THE MILITARY'S NETWORK OF HEALTH CARE PROVIDERS, AND BY ENACTING LEGISLATION OPENING THE FEDERAL EMPLOYEES HEALTH BENEFIT PROGRAM TO UNIFORM SERVICES BENEFICIARIES ELIGIBLE FOR MEDICARE ON THE SAME BASIS AND CONDITIONS THAT APPLY TO FEDERAL CIVILIAN EMPLOYEES.
Senator LEVENTIS spoke on the Concurrent Resolution.
On motion of Senator LEVENTIS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 731 (Word version) -- Senators Wilson, Land, Ravenel, McConnell and Courson: A SENATE RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE JOSEPH O. ROGERS, JR., FORMERLY OF MANNING IN CLARENDON COUNTY.
Whereas, the members of the Senate were saddened to learn of the death of Joseph O. Rogers, Jr., formerly of Manning in Clarendon County; and
Whereas, in a distinguished career, this son of South Carolina was born in Mullins and completed high school in Charleston where he matriculated at the College of Charleston to see his education interrupted by service in World War II in the 758th Engineer Company, Seventh Army, in North Africa and France; and
Whereas, after returning to civilian life, he completed his undergraduate education at the Citadel and earned his law degree at the University of South Carolina in 1950; and
Whereas, he established his law practice in Manning and represented Clarendon County with distinction in the South Carolina House of Representatives from 1954 through 1966; and
Whereas, in an active career in politics, Joe Rogers was a pioneer in the rebirth and growth of the South Carolina Republican Party, being the first Republican nominee for Governor in this century in the 1966 election, and serving as a delegate to the 1968 Republican National Convention; and
Whereas, in his career at the bar, he was inducted into the American College of Trial Lawyers, served as United States Attorney for South Carolina from 1969 through 1971, and frequently was appointed Special Circuit Judge; and
Whereas, in an active life serving his community and State, he was a member of the Commission on Higher Education, a director of the Bank of Clarendon, a member of the Clarendon County Development Board, a Mason, and an active member and lay leader of the Manning United Methodist Church where he served his local church and his Methodist denomination in numerous positions of responsibility; and
Whereas, it is appropriate for the members of the Senate to pause in their deliberations so that they may honor the memory of this great son of South Carolina. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate, by this resolution, express their sympathy to the family and many friends of the late Joseph O. Rogers, Jr., formerly of Manning in Clarendon County.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Kathleen B. Rogers of Columbia, South Carolina.
Senator LEVENTIS spoke on the Senate Resolution.
The question then was the adoption of the Senate Resolution.
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
The Senate Resolution was adopted.
S. 732 (Word version) -- Senators Leventis, Courson and Grooms: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.
Read the first time and referred to the Committee on Judiciary.
S. 733 (Word version) -- Senators Bauer, Wilson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF SCHOOL DISTRICT FIVE OF RICHLAND AND LEXINGTON COUNTIES FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS 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 BAUER spoke on the Joint Resolution.
Read the first time and, on motion of Senator BAUER, with unanimous consent, ordered placed on Calendar without reference
On motion of Senator BAUER, S. 733 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 734 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE COLONEL DENNIS E. DREW OF GREENWOOD ON THE OCCASION OF HIS RETIREMENT FROM THE UNITED STATES MARINE CORPS RESERVE AFTER THIRTY YEARS OF DISTINGUISHED SERVICE AS A MARINE CORPS OFFICER.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 735 (Word version) -- Senators Ravenel and Giese: A BILL TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 100 SO AS TO REQUIRE REGISTRATION OF FIREFIGTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL.
Senator RAVENEL spoke on the Bill.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 736 (Word version) -- Senators McConnell and Passailaigue: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA,
Read the first time and referred to the Committee on Judiciary.
H. 3812 (Word version) -- Reps. Loftis, Cato, Hamilton, Haskins, Leach, Tripp and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM IN THE GREENVILLE COUNTY SCHOOL DISTRICT TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED VOTERS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FAVOR ELECTING THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT IN PARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION OF 2002; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR THE ELECTION OF THE BOARD OF TRUSTEES IN PARTISAN ELECTIONS, THAT THE ELECTION OF SCHOOL TRUSTEES CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION OF 2002 WILL BE PARTISAN; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR PARTISAN ELECTIONS, SECTION 1 OF ACT 521 OF 1992 IS REPEALED UPON CERTIFICATION OF THE RESULTS OF THAT REFERENDUM, AND TO PROVIDE FOR THE STRUCTURE AND PROCEDURE FOR ELECTION OF THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON.
Read the first time.
Senator J. VERNE SMITH moved to table the Joint Resolution.
The Joint Resolution was laid on the table and a message was sent to the House accordingly.
Senators BRYAN, J. VERNE SMITH, ANDERSON, DRUMMOND and LEVENTIS desired to be recorded as voting in favor of the motion to table the Joint Resolution.
Senators THOMAS and FAIR desired to be recorded as voting against the motion to table the Joint Resolution.
H. 3482 (Word version) -- Reps. Kelley, Altman, Bales, J. Brown, Cooper, Edge, Keegan, Miller, Sandifer and Witherspoon: A BILL TO AMEND SECTION 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED USES OF REVENUES FROM THE LOCAL HOSPITALITY TAX, SO AS TO CLARIFY THAT THE USE OF THESE REVENUES FOR CULTURAL, RECREATIONAL, OR HISTORIC FACILITIES IS LIMITED TO SUCH FACILITIES SUBSTANTIALLY USED OR VISITED BY TOURISTS.
Read the first time and referred to the Committee on Finance.
H. 3500 (Word version) -- Reps. Hawkins, Klauber and Fleming: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A MEMBER OF A MUNICIPAL OR COUNTY ELECTION COMMISSION FROM PARTICIPATING IN CERTAIN POLITICAL ACTIVITY, SO AS TO PROVIDE THAT A MEMBER IS NOT ELIGIBLE FOR REAPPOINTMENT ONCE REMOVED FROM A COMMISSION BY THE GOVERNOR.
Read the first time and referred to the Committee on Judiciary.
H. 3807 (Word version) -- Reps. Inabinett, Bailey, Beck, Breeland, J. Brown, Emory, J. Hines, M. Hines, Lee, Littlejohn, Lloyd, Mack, Neal, Phillips, Pinckney, Rhoad, Rutherford, Stuart and Whipper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE BINGO TAX ACT, SO AS TO PROVIDE DIFFERENT HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE ADVERTISING AND OPERATING THE GAME FOR SENIOR CITIZENS; AND TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO THE CLASSES OF BINGO LICENSES, SO AS TO PROVIDE SPECIFIC HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE OPERATING THE GAME FOR SENIOR CITIZENS.
Read the first time and referred to the Committee on Finance.
H. 3824 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO EXAMINATIONS, LICENSES, TESTING, RECORDS, CERTIFICATION CHIROPRACTOR/PATIENT RELATIONSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3825 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO DEFINITION OF ORIENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2421, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3829 (Word version) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: A BILL TO AMEND SECTION 43-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE GLEAMNS HUMAN RESOURCES COMMISSION, SO AS TO PROVIDE THAT COMMISSION MEMBERS MUST BE APPOINTED BY THE GOVERNING BODIES OF THE COUNTIES PARTICIPATING IN THE COMMISSION.
Read the first time and referred to the Committee on Medical Affairs.
H. 3934 (Word version) -- Rep. Meacham: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MANY FRIENDS AND FAMILY OF FRANCIS R. "FRANK" HOUSE OF YORK COUNTY WHO DIED ON MARCH 28, 1999, AT THE AGE OF NINETY-ONE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3935 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MULLINS HIGH SCHOOL LADY "AUCTIONEERS" BASKETBALL TEAM AND COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1998-99 CLASS AA GIRLS STATE BASKETBALL CHAMPIONSHIP AND WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3936 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO OGDEN S. BABSON, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ASPHALT PAVEMENT ASSOCIATION, UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:
S. 33 (Word version) -- Senators Moore, O'Dell, Elliott, Giese, Rankin, Washington and Setzler: A BILL TO AMEND SECTION 40-47-211 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTY-SIX MEMBERS, TO REQUIRE SIX MEMBERS TO BE ELECTED AT LARGE FROM ACROSS THE STATE AND TO REQUIRE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING MEDICINE IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 239 (Word version) -- Senators Giese, Elliott and Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 33, AS AMENDED, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF DISABLED PERSONS, SO AS TO PROMOTE THE USE OF
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 508 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 59-149-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, AND SECTION 12-6-3385, RELATING TO TUITION TAX CREDITS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PUBLIC OR INDEPENDENT INSTITUTION" AN INSTITUTION WHICH DISCRIMINATES ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN, AND TO DELETE PROVISIONS INCLUDING WITHIN THE DEFINITION OF "PUBLIC OR INDEPENDENT INSTITUTION" A PUBLIC OR INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis and Cork: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 619 (Word version) -- Senators Leventis, Land, Moore, McConnell, Hutto, Reese, Washington and Giese: A JOINT RESOLUTION TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING PROGRAM TO BE ADMINISTERED BY THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL WITHIN THE DEPARTMENT OF COMMERCE; TO IMPOSE A FIVE DOLLAR FEE ON EACH PIECE OF ELECTRONIC EQUIPMENT CONTAINING A CATHODE RAY TUBE SOLD; TO REQUIRE THE STATE TREASURER TO DEPOSIT THE FEES COLLECTED IN THE ELECTRONIC EQUIPMENT RECYCLING FUND TO BE USED, AMONG OTHER THINGS, TO DETERMINE THE MOST EFFICIENT MEANS OF COLLECTING, TRANSPORTING, AND PROCESSING SCRAP ELECTRONIC EQUIPMENT AND TO AWARD GRANTS, CONTRACTS, AND LOANS TO FURTHER THE PROCESS AND TECHNOLOGY FOR RECYCLING THIS EQUIPMENT; TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING COMMITTEE TO REVIEW AND EVALUATE THE USE OF THE RECYCLING FUND; AND TO REQUIRE THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL TO EVALUATE THE PROGRAM AND RECOMMEND WHETHER THIS PROGRAM SHOULD CONTINUE AND BE MADE PERMANENT LAW.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 3579 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SYSTEM NO LATER THAN SCHOOL YEAR 2000-2001.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3696 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1999 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND CHAPTER 63 OF TITLE 59 OF THE CODE, RELATING TO
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3878 favorable:
H. 3878 (Word version) -- Reps. Pinckney and Lloyd: A CONCURRENT RESOLUTION RECOGNIZING THE MEMBERS OF THE MONTFORD POINT MARINE ASSOCIATION FOR THEIR DISTINGUISHED MILITARY SERVICE TO OUR NATION AND DECLARING THE WEEK OF APRIL 12-18, 1999, AS "MONTFORD POINT MARINE WEEK" IN SOUTH CAROLINA.
AYES
Courson Wilson Matthews
Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Columbia, S.C., April 14, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. KNOTTS, TOWNSEND and MARTIN of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
S. 712 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THOMAS SIDNEY BASS, HEAD FOOTBALL COACH OF SENECA HIGH SCHOOL ON THE
Returned with concurrence.
Received as information.
S. 713 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO HONOR MRS. MARY M. LAW FOR HER 41 YEARS OF DEDICATED, LOYAL SERVICE TO THE SOUTH CAROLINA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
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.
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
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 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
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.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (JUD0585.002), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 2, in Section 14-1-211(B), as contained in SECTION 4, by striking lines 2 through 4 in their entirety and inserting therein the following:
/ in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the /
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
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)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment.
Senator HAYES proposed the following amendment (JUD0597.002), which was adopted:
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 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.
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)
The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment.
Senator FAIR explained the amendment.
On motion of Senator SALEEBY, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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,
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 McCONNELL and previously printed in the Journal of Tuesday, April 13, 1999.
Senator MARTIN argued contra to the adoption of the amendment.
Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Drummond Fair Ford Giese Glover Gregory Grooms Hayes Hutto Jackson 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 Washington Wilson
Senators WALDREP and LAND recorded their presence subsequent to the Call of the Senate.
Senator MARTIN argued contra to the adoption of the amendment.
Senator MOORE asked unanimous consent to make a motion to adopt the language of the $125 limitation and, give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading, with the stipulation that the Bill would not be taken up for consideration before April 27, 1999.
Senator HAYES objected.
Senator MARTIN argued contra to the adoption of the amendment.
At 1:00 P.M., with Senator MARTIN retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 1:05 P.M., the Senate resumed.
At 1:06 P.M., with Senator MARTIN retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 1:11 P.M., the Senate resumed.
At 1:12 P.M., with Senator MARTIN retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 1:22 P.M., the Senate resumed.
At 1:22 P.M., with Senator MARTIN retaining the floor, on motion of Senator BRYAN, with unanimous consent, the Senate receded from business until 2:00 P.M.
On motion of Senator BRYAN, debate was interrupted by recess, with Senator MARTIN retaining the floor.
The Senate reassembled at, 2:02 P.M., and was called to order by the PRESIDENT.
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 MARTIN argued contra to the adoption of the amendment.
At 2:03 P.M., Senator BRANTON made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator MARTIN argued contra to the adoption of the amendment.
At 2:08 P.M., Senator LAND moved under Rule 15A to set a time certain of 2:30 P.M. to vote on the entire matter of H. 3002.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Ford Glover Hutto Land Matthews McConnell McGill Passailaigue Patterson Peeler Saleeby Washington
Alexander Anderson Bauer Branton Bryan Courson Drummond Fair Giese Gregory Hayes Leatherman Martin Mescher Moore O'Dell Rankin Ravenel Reese Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Wilson
Not having received the necessary vote, the motion to set a time certain under Rule 15A failed.
Senator MARTIN continued arguing contra to the adoption of the amendment.
At 2:48 P.M., Senator McGILL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McGILL moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Drummond Fair
Ford Giese Glover Gregory Hayes Hutto Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Waldrep Washington
Senators WILSON, ELLIOTT and THOMAS recorded their presence subsequent to the Call of the Senate.
A quorum being present, the Senate resumed.
Senator MARTIN continued arguing contra to the adoption of the amendment.
Senator GREGORY argued contra to the adoption of the amendment.
At 4:47 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LAND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Drummond Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin
Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Wilson
A quorum being present, the Senate resumed.
At 4:50 P.M., Senator LAND moved under Rule 3b to send for the absent members.
At 4:51 P.M., Rule 3b was invoked.
Senator GREGORY continued arguing contra to the adoption of the amendment.
At 4:52 P.M., Senator LAND moved under Rule 15A to set a time certain of 5:00 P.M. to vote on the entire matter of H. 3002.
Elliott Ford Hutto Land Matthews McConnell McGill Passailaigue Patterson Peeler Saleeby
Alexander Anderson Bauer Branton Bryan Cork Courson Drummond Fair Giese Gregory Hayes Jackson Leatherman Martin Mescher Moore O'Dell Rankin Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Wilson
Not having received the necessary vote, the motion to set a time certain under Rule 15A failed.
Senator GREGORY continued arguing contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration the amendment that bans video poker (Doc. No. 15554HTC99).
Senator HAYES objected.
Senator GREGORY continued arguing contra to the adoption of Amendment No. P-1.
At 6:02 P.M., Senator DRUMMOND assumed the Chair.
Senator GREGORY continued arguing contra to the adoption of the amendment.
At 6:08 P.M., the PRESIDENT assumed the Chair.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration the amendment pertaining to holding a video poker referendum in 2000.
Senator HAYES objected.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate
Senator RYBERG objected.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration Article 3 of the proposed amendment pertaining to the licensing and regulation of video poker machines.
Senators HAYES and RYBERG objected.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration Article 11 of the proposed amendment pertaining to the tax on video poker revenues.
Senator RYBERG objected.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration Part 4 of the proposed amendment.
Senator HAYES objected.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator PASSAILAIGUE asked unanimous consent to make a motion to offer an amendment providing for a 50% withholding tax on any bingo games under $10,000.
Senator HAYES objected.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that there would be no amendments to the 1999-2000 General Appropriation Bill which raise or expend video poker revenues except for the license fees revenues currently collected pursuant to the provisions of Section 12-21-2720.
There was no objection and the motion was adopted.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration the casino ban provision.
Senator RYBERG objected.
Senator GREGORY argued contra to the adoption of the amendment.
With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 2, the ban on video poker.
Senator HAYES objected.
Senator GREGORY argued contra to the adoption of the amendment.
Senator GIESE argued contra to the adoption of the amendment.
With Senator GIESE retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 2, the ban on video poker.
Senator HAYES objected.
Senator THOMAS argued contra to the adoption of Amendment No. P-1.
At 8:55 P.M., Senator DRUMMOND assumed the Chair.
Senator THOMAS argued contra to the adoption of Amendment No. P-1.
At 10:03 P.M., the PRESIDENT assumed the Chair.
Senator THOMAS argued contra to the adoption of the amendment.
At 10:40 P.M., with Senator THOMAS retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 10:45 P.M., the Senate resumed.
Senator THOMAS argued contra to the adoption of the amendment.
At 10:50 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LAND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Drummond Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell
Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Washington Wilson
A quorum being present, the Senate resumed.
Senator THOMAS argued contra to the adoption of the amendment.
At 11:22 P.M., Senator RANKIN made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator THOMAS argued contra to the adoption of the amendment.
At 11:55 P.M., Senator RANKIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Alexander Anderson Bauer Branton Bryan Cork Courson Drummond Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Washington Wilson
A quorum being present, the Senate resumed.
Senator THOMAS argued contra to the adoption of the amendment.
At 12:42 A.M., Senator RANKIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bauer Branton Bryan Cork Courson Drummond Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Washington Wilson
A quorum being present, the Senate resumed.
Senators ANDERSON, LEATHERMAN and LEVENTIS recorded their presence subsequent to the Call of the Senate.
Senator THOMAS argued contra to the adoption of the amendment.
At 1:05 A.M., Senator DRUMMOND assumed the Chair.
Senator THOMAS argued contra to the adoption of the amendment.
At 1:26 A.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork
Courson Drummond Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Washington Wilson
A quorum being present, the Senate resumed.
Senator THOMAS continued arguing contra to the adoption of the amendment.
At 1:47 A.M., Senator HAYES made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator HAYES moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Branton Bryan Courson Fair Giese Gregory Hayes Leatherman Martin Mescher Russell Ryberg Smith, J. Verne Thomas Wilson
Alexander Bauer Cork Drummond Elliott Ford
Glover Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Setzler Short Washington
The Senate refused to adjourn.
Senator THOMAS argued contra to the adoption of the amendment.
At 1:52 A.M., the PRESIDENT assumed the Chair.
Senator THOMAS argued contra to the adoption of the amendment.
At 2:30 A.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bauer Branton Bryan Cork Courson Drummond Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Wilson
A quorum being present, the Senate resumed.
Senator THOMAS continued arguing contra to the adoption of the amendment.
At 3:04 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bauer Branton Bryan Cork Drummond Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas
A quorum being present, the Senate resumed.
Senator LEVENTIS recorded his presence subsequent to the Call of the Senate.
Senator THOMAS continued arguing contra to the adoption of the amendment.
At 4:10 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Drummond Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Washington Wilson
A quorum being present, the Senate resumed.
Senator THOMAS continued arguing contra to the adoption of the amendment.
At 4:37 A.M., Senator HAYES made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator THOMAS continued arguing contra to the adoption of the amendment.
At 5:12 A.M., Senator BRANTON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork
Courson Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Wilson
A quorum being present, the Senate resumed.
With Senator THOMAS retaining the floor, Senator BRANTON, with unanimous consent, rose to a Point of Personal Privilege.
Senator THOMAS continued arguing contra to the adoption of Amendment No. P-1.
Senator FAIR argued contra to the adoption of the amendment.
At 6:04 A.M., Senator McGILL assumed the Chair.
Senator FAIR argued contra to the adoption of the amendment.
At 6:11 A.M., the PRESIDENT assumed the Chair.
Senator FAIR argued contra to the adoption of the amendment.
At 6:53 A.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
In the absence of a quorum, Senator HAYES moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Courson Fair Giese Gregory Hayes Leatherman Martin Mescher Russell Ryberg Smith, J. Verne Thomas Wilson
Bauer Cork Elliott Ford Glover Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Setzler Short Washington
The Senate refused to adjourn.
Senator FAIR argued contra to the adoption of the amendment.
Senator BAUER rose to a Point of Personal Privilege.
Senator FAIR argued contra to the adoption of the amendment.
At 8:14 A.M., Senator BRANTON assumed the Chair.
Senator FAIR argued contra to the adoption of the amendment.
At 8:20 A.M., Senator CORK requested a leave of absence until 5:00 P.M.
Senator FAIR argued contra to the adoption of the amendment.
At 8:21 A.M., Senator COURSON requested a leave of absence until 5:00 P.M.
Senator MOORE objected.
Senator FAIR argued contra to the adoption of the amendment.
At 8:25 A.M., the PRESIDENT assumed the Chair.
Senator McCONNELL raised a Point of Order that the speaker was reading from papers he brought to the podium in violation of Jefferson's Manual which, without leave of the body, only allows the speaker to use written material for reference purposes while at the podium.
The PRESIDENT sustained the Point of Order.
Senator FAIR argued contra to the adoption of the amendment.
At 9:04 A.M., Senator RYBERG was recognized to speak on the pending amendment.
Senator MOORE raised a Point of Order that a member may not be recognized and assume the podium until the Senator speaking has relinquished the floor.
The PRESIDENT sustained the Point of Order.
Senator FAIR relinquished the floor.
Senator RYBERG argued contra to the adoption of the amendment.
On motion of Senator GLOVER, at 9:05 A.M., Senator FORD was granted an extended leave of absence until 9:30 A.M.
Senator RYBERG argued contra to the adoption of the amendment.
Senator MATTHEWS made a Parliamentary Inquiry as to whether or not Senator RYBERG had spoken previously during this debate.
The PRESIDENT stated that Senator RYBERG had not spoken on the amendment during this legislative day.
Senator RYBERG argued contra to the adoption of the amendment.
At 9:42 A.M., Senator ALEXANDER assumed the Chair.
Senator RYBERG continued arguing contra to the adoption of the amendment.
At 10:21 A.M., with Senator RYBERG retaining the floor, Senator MOORE asked unanimous consent to make a motion that there would be no quorum calls or motions to adjourn until Noon.
There was no objection and the motion was adopted.
Senator RYBERG continued arguing contra to the adoption of the amendment.
At 10:25 A.M., the PRESIDENT assumed the Chair.
At 10:25 A.M., with Senator RYBERG retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed thirty minutes.
At 11:05 A.M., the Senate resumed.
At 11:05 A.M., with Senator RYBERG retaining the floor, on motion of Senator McGILL, with unanimous consent, the Senate receded from business not to exceed twenty minutes.
At 11:25 A.M., the Senate resumed.
At 11:25 A.M., with Senator RYBERG retaining the floor, Senator MOORE asked unanimous consent to make a motion that, when the
There was no objection and the motion was adopted.
On motion of Senator MOORE, with unanimous consent, H. 3002 is to be given second reading with notice of general amendments, with Senator RYBERG retaining the floor, on Tuesday, April 27, 1999, carrying over all amendments to third reading; and, on Wednesday, April 28, 1999, H. 3002 will be in the status of Interrupted Debate with all Senators reserving their rights as to any motions and filibusters.
On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, with Senator RYBERG retaining the floor.
We have made clear our opposition to Senator LAND's amendment over these past couple of days to the provision that eliminates the $125 per day limit on video poker winnings. We have repeatedly offered during the course of this debate to proceed with the Senate's consideration of the other provisions of the amendment. However, the proponents of this amendment have steadfastly refused our request to maintain the $125 limit. Therefore, we have been left with no choice but to delay consideration of the amendment.
This cap was embodied in the 1993 Video Gaming Act that was the basis for the 1994 county-by-county referendum. Based on this limitation, South Carolinians in 34 counties voted to allow video poker to continue in their counties. We do not believe they would approve of the removal of this limitation on video-poker gambling. Quite the contrary, we believe that a majority of South Carolinians wants this industry tightly controlled and regulated. The elimination of a modest limitation on video poker gambling as proposed in this amendment will only promote large jackpots and fuel the growth of this industry in our State. In the process, thousands of South Carolinians will join countless others already addicted to video poker gambling and the destruction that chronic gambling addiction brings to our state's families.
Further, we believe that the $125 cap can and should be enforced. The Department of Revenue developed "A Guide to Conducting Video Gaming Establishments in South Carolina" after the 1993 legislation was enacted. We only learned of this document this week during this debate. On page 7 of this document a simple and concise process is set forth for implementing the record keeping necessary for a video poker establishment to comply with the law. We call on Governor Hodges to order the DOR to immediately begin the enforcement of this law as described in this document at each video poker establishment.
On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William Law Watkins of Anderson, S.C., colleague and former member of the House of Representatives (1934-35).
At 11:29 A.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:30 A.M.
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