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


Printed Page 1370 . . . . . Thursday, April 15, 1999

Thursday, April 15, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear 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.

Leave of Absence

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.

Leave of Absence

At 11:50 A.M., Senator LEVENTIS requested a leave of absence from 2:00 - 8:00 P.M.


Printed Page 1371 . . . . . Thursday, April 15, 1999

Leave of Absence

At 11:55 A.M., Senator RUSSELL requested a leave of absence from 12:00 - 2:00 P.M.

Leave of Absence

At 11:55 A.M., Senator GIESE requested a leave of absence from 3:30 - 4:00 P.M.

Leave of Absence

At 11:58 A.M., Senator HUTTO requested a leave of absence from 6:00 - 8:30 P.M.

Leave of Absence

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.

Leave of Absence

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.

Leave of Absence

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.

Leave of Absence

At 3:50 P.M., Senator WALDREP requested a leave of absence until 10:00 A.M. Saturday, April 17, 1999.

Leave of Absence

At 4:10 P.M., Senator WASHINGTON requested a leave of absence until 7:00 P.M.

Leave of Absence

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.

Leave of Absence

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.


Printed Page 1372 . . . . . Thursday, April 15, 1999

Leave of Absence

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.

Leave of Absence

At 1:07 A.M., Senator SALEEBY requested a leave of absence until 10:00 A..M. on Friday, April 16, 1999.

Leave of Absence

At 5:35 A.M., Senator J. VERNE SMITH requested a leave of absence for approximately two hours.

Leave of Absence

At 7:29 A.M., Senator FORD requested a leave of absence until 8:00 A.M.

Point of Personal Privilege

Senator ANDERSON rose to a Point of Personal Privilege.

Motion Withdrawn

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.

SENSE OF THE SENATE MOTION ADOPTED

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.


Printed Page 1373 . . . . . Thursday, April 15, 1999

INTRODUCTION OF BILLS AND RESOLUTIONS

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


Printed Page 1374 . . . . . Thursday, April 15, 1999

CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDINGS; TO AMEND SECTIONS 20-1-220, 20-3-235, 20-7-853, 20-7-854, 20-7-949, 20-7-957, 20-7-1295, 44-7-77, 44-63-75, 43-5-595, AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT AND SUPPORT, SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT AND SUPPORT; TO AMEND SECTION 20-7-941, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS; TO AMEND SECTIONS 20-7-942 AND 20-7-945, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS; TO AMEND SECTION 20-7-1130, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 20-7-1295, RELATING TO ADMINISTRATIVE LIENS, SO AS TO PROVIDE THAT LIENS CREATED UNDER THIS SECTION MAY BE MAINTAINED BY THE REGISTER OF DEED'S UNDER ESTABLISHED LOCAL PROCEDURES; TO AMEND SECTION 43-5-585, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; TO AMEND SECTION 43-5-598, RELATING TO NEW HIRE REPORTING, SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR EMPLOYERS.

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


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BY A RETAIL MERCHANT; TO AMEND SECTION 40-43-84, RELATING TO PHARMACY INTERNSHIPS, SO AS TO ALSO REFERENCE EXTERNSHIPS; TO AMEND SECTION 40-43-85 RELATING TO INTERNSHIP PROGRAMS AND PRACTICAL EXPERIENCE, SO AS TO REVISE REQUIREMENTS FOR PRACTICAL EXPERIENCE; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, DUTIES OF PHARMACISTS-IN-CHARGE AND CONSULTANT PHARMACISTS, AND TO THE SALE OF NONPRESCRIPTION DRUGS, SO AS TO REVISE CERTAIN RECORDKEEPING AND FACILITY REQUIREMENTS, TO REVISE AND CLARIFY THE PHARMACIST TO TECHNICIAN RATIO IN CERTAIN FACILITIES, TO REVISE SPECIFIED CONSULTANT PHARMACIST DUTIES, TO CLARIFY PROVISIONS RELATING TO THE SALE OF NONPRESCRIPTION DRUGS AND TO PROHIBIT REQUIRING SUCH DRUGS TO BE SOLD BY PHARMACISTS OR IN A PHARMACY, AND TO PROHIBIT THE POSSESSION, DISPENSING, OR DISTRIBUTION OF CERTAIN DRUGS WITHOUT A PRESCRIPTION OF A LICENSED PRACTITIONER; AND TO AMEND SECTION 40-43-170, RELATING TO DISPENSING OF MEDICATIONS IN A STATE OF EMERGENCY, SO AS TO CLARIFY THE CONDITIONS UNDER WHICH A ONETIME EMERGENCY REFILL MAY BE DISPENSED.

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.


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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.


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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.


Printed Page 1378 . . . . . Thursday, April 15, 1999

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.

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

NAYS

Total--0

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.


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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

S. 733--Ordered to a Second and Third Reading

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,


Printed Page 1380 . . . . . Thursday, April 15, 1999

1895, RELATING TO THE PROHIBITION OF SPECIFIED SPECIAL LEGISLATION, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY ALLOW LOCAL OPTION IN THE AREAS OF GAMBLING, ALCOHOL, AND SUNDAY SALES.

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

H. 3812--Tabled

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.

Recorded Vote

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.


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Recorded Vote

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.


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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.


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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.

REPORTS OF STANDING COMMITTEES

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


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ASSISTANCE DOGS AND TO ASSURE EQUALITY OF OPPORTUNITY, PARTICIPATION, AND TREATMENT OF PERSONS WITH DISABILITIES USING GUIDE DOGS AND TO PROVIDE FOR A CIVIL REMEDY AND CRIMINAL PENALTIES FOR VIOLATIONS.

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


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AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.

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


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PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

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


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PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 2001-2002 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER LOCAL SCHOOL DISTRICTS, TO PROVIDE THAT LOCAL SCHOOL DISTRICTS OR CONSORTIUM OF LOCAL SCHOOL DISTRICTS MAY CONTRACT WITH A PRIVATE ENTITY TO PROVIDE ANY PORTION OF THE ALTERNATIVE SCHOOL PROGRAM WHICH DOES NOT HOWEVER RELIEVE THE DISTRICT OF ITS RESPONSIBILITY TO PROVIDE THESE PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED INCLUDING THE PROVISION OF FUNDING FOR EXISTING ALTERNATIVE SCHOOL PROGRAMS FOR FISCAL YEAR 1999-2000; AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-24-65 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA PRINCIPALS' EXECUTIVE INSTITUTE; TO AMEND SECTIONS 59-39-105, AS AMENDED, 59-39-180, AND 59-39-190, OF THE 1976 CODE, RELATING TO THE STAR DIPLOMA AND SCHOLARSHIP, SO AS TO CHANGE THE NAME OF THE DIPLOMA AND SCHOLARSHIP FROM "SUPERIOR SCHOLARS FOR TODAY AND TOMORROW" TO 'SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS" AND TO PERMIT THE CARRYOVER OF CERTAIN FUNDS USED FOR THESE SCHOLARSHIPS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-106 SO AS TO PROVIDE THAT STUDENTS OF NONPUBLIC HIGH SCHOOLS WHO WANT TO QUALIFY FOR THE STAR DIPLOMA ARE ELIGIBLE TO TAKE THE REQUIRED EXIT EXAMS WITHOUT COST AT A LOCAL PUBLIC SCHOOL IN THE DISTRICT WHERE THEY RESIDE; TO AMEND SECTION 59-18-500 OF THE 1976 CODE, RELATING TO ACADEMIC PLANS FOR UNDERPERFORMING STUDENTS, SO AS TO PERMIT DISTRICTS TO REQUIRE AN UNDERPERFORMING STUDENT TO ATTEND SUMMER

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SCHOOL OR PARTICIPATE IN A COMPREHENSIVE REMEDIATION PROGRAM THE FOLLOWING YEAR; TO AMEND SECTION 12-6-3385 OF THE 1976 CODE, RELATING TO A STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR A PORTION OF TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE, SO AS TO PROVIDE THAT THESE TUITION CREDITS MAY NOT BE CLAIMED FOR MORE THAN TWO CONSECUTIVE YEARS RATHER THAN FOUR CONSECUTIVE YEARS AFTER THE STUDENT ENROLLS IN AN ELIGIBLE INSTITUTION, AND TO MAKE THIS CREDIT NONREFUNDABLE; TO AMEND SECTION 12-23-810, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ANNUAL TAX ON LICENSED HOSPITALS, SO AS TO INCREASE THE ANNUAL REVENUES OF THE TAX FROM TWENTY-ONE AND ONE-HALF TO TWENTY-EIGHT AND ONE-HALF MILLION DOLLARS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 40 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA BEACH RESTORATION AND IMPROVEMENT TRUST ACT" SO AS TO PROVIDE FOR A TRUST FUND FOR PUBLIC BEACH RESTORATION AND MAINTENANCE, IMPROVEMENT AND ENHANCEMENT OF PUBLIC BEACH ACCESS, AND EMERGENCY SUPPORT FOLLOWING SEVERE STORM DAMAGE TO THE BEACH AND DUNES SYSTEM, TO PROVIDE FOR THE FUND'S CAPITALIZATION IN FISCAL YEAR 1999-2000 BY APPROPRIATION FROM THE GENERAL TAX REVENUES IN AN AMOUNT CONSIDERED APPROPRIATE BY THE GENERAL ASSEMBLY AND AN ANNUAL APPROPRIATION OF AN APPROPRIATE AMOUNT AFTER THAT, TO PROVIDE FOR ITS ADMINISTRATION BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, AND TO REQUIRE COMPREHENSIVE COLLECTION AND EVALUATION OF DATA CONCERNING EROSION RATES AND HAZARD AREAS OF PUBLIC BEACHES TO BE USED FOR FUNDING PROJECTS FROM THE TRUST FUND; TO AMEND SECTION 44-96-170, AS AMENDED, OF THE 1976 CODE, RELATING TO WASTE TIRES AND THE DISPOSAL FEE IMPOSED ON THE SALE OF NEW TIRES UNDER THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REDUCE THE FEE FROM TWO DOLLARS TO ONE DOLLAR AND EIGHTY CENTS

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A TIRE; TO AMEND SECTION 12-33-245 OF THE 1976 CODE RELATING TO THE TWENTY-FIVE CENT EXCISE TAX ON MINIBOTTLES, SO AS TO PROVIDE THAT THE STATE TREASURER SHALL DISTRIBUTE ELEVEN PERCENT OF THE REVENUES OF THIS TAX TO COUNTIES FOR EDUCATIONAL PROGRAMS RELATING TO THE USE OF ALCOHOLIC LIQUORS AND FOR THE REHABILITATION OF ALCOHOLISM AND DRUG ADDICTS; TO AMEND SECTION 56-1-1330, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT AN APPLICANT FOR A PROVISIONAL DRIVER'S LICENSE MUST COMPLETE AN ALCOHOL TRAFFIC SAFETY ACTION PROGRAM, SO AS TO DELETE THE PROVISIONS WHICH REQUIRE AN ASSESSMENT OF A PERSON ENROLLED IN THE PROGRAM AND THE COMPLETION OF A TREATMENT PROGRAM, AND DELETE THE PROVISIONS RELATING TO THE ASSESSMENT OF COSTS RELATED TO THE PROGRAM; AND TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG, SO AS TO PROVIDE THAT THE ALCOHOL AND DRUG ACTION PROGRAM SHALL DETERMINE IF A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED AND IS ENROLLED IN ONE OF ITS ALCOHOL AND DRUG ABUSE PROGRAMS SUCCESSFULLY HAS COMPLETED ITS SERVICES, TO REVISE THE SCHEDULE OF FEES THAT A PERSON ENROLLED IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM IS ASSESSED AND PROVIDE THAT A PERSON WHO IS UNABLE TO PAY FOR CERTAIN SERVICES MUST PERFORM COMMUNITY SERVICE AND MAY NOT BE DENIED SERVICES OR MAY NOT BE UNSUCCESSFULLY COMPLETED FROM THE PROGRAM, TO REQUIRE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO REPORT TO THE HOUSE WAYS AND MEANS COMMITTEE THE NUMBER OF FIRST AND MULTIPLE OFFENDERS SUCCESSFULLY COMPLETING THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND OTHER INFORMATION ABOUT THE PROGRAM, TO REVISE THE PERIOD IN WHICH A PERSON MUST COMPLETE THE SERVICES DIRECTED BY THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A HEARING ON THE PERSON'S STATUS MUST BE HELD, AND

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TO DELETE THE PROVISION THAT PROVIDES THAT THE SUCCESSFUL COMPLETION OF EDUCATION, TREATMENT SERVICES, OR BOTH, FOR PURPOSES OF RECEIVING A PROVISIONAL DRIVER'S LICENSE MAY BE SUBSTITUTED IN LIEU OF SERVICES RECEIVED FROM AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM; TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSES AUTHORIZED FOR SALE, SO AS TO INCREASE THE FEE FOR A COMBINATION HUNTING AND FISHING LICENSE FROM SEVENTEEN TO TWENTY-THREE DOLLARS, AND TO INCREASE THE AMOUNT THAT MAY BE RETAINED BY THE ISSUING AGENT FROM ONE TO TWO DOLLARS; TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO RAISE THE LICENSE FEE FOR A BIG GAME PERMIT FROM EIGHTY DOLLARS TO EIGHTY-NINE DOLLARS WITH TWO DOLLARS RATHER THAN ONE DOLLAR TO BE RETAINED BY THE ISSUING AGENT; TO AMEND SECTION 50-9-920, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPOSIT OF REVENUE FROM THE SALE OF LIFETIME LICENSES IN THE STATE TREASURY, SO AS TO DELETE THE EXCEPTION FOR REVENUE FROM THE SALE OF LICENSES AND PERMITS PURSUANT TO THE MARINE RESOURCES LAWS; TO AMEND SECTION 51-17-115 OF THE 1976 CODE, AS AMENDED, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE HERITAGE LAND TRUST FUND, SO AS TO DELETE LIMITATIONS ON THE AMOUNT OF MANAGEMENT EXPENDITURES THAT MAY BE MADE FROM THE FUND IN ANY FISCAL YEAR; TO AMEND SECTION 17-3-30, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AFFIDAVIT OF INABILITY TO EMPLOY COUNSEL AND THE WAIVER OR REDUCTION OF THE APPLICATION FEE, SO AS TO PROVIDE THE TRIAL JUDGE SHALL ORDER THE REMAINDER OF THE FEE PAID DURING PROBATION, IF PROBATION IS GRANTED, AND TO PROVIDE FURTHER THAT THE CLERK OF COURT OR OTHER APPROPRIATE OFFICIAL SHALL MAINTAIN A RECORD OF ALL PERSONS APPLYING FOR REPRESENTATION AS AN INDIGENT AND PROVIDE THIS INFORMATION AS WELL AS THE AMOUNT OF FUNDS COLLECTED OR WAIVED TO THE OFFICE OF INDIGENT DEFENSE ON A MONTHLY BASIS; TO

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AMEND SECTION 23-31-216 OF THE 1976 CODE, RELATING TO THE COLLECTION OF CONCEALABLE WEAPON FEES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT, RETAIN, AND CARRY FORWARD ALL FEES ASSOCIATED WITH THE CONCEALABLE WEAPON PERMIT PROGRAM; TO AMEND SECTION 41-27-410 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE, IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION

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RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE; TO AMEND SECTION 4-12-30, AS AMENDED, OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR THE FEE IN LIEU OF TAXES, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; AND TO AMEND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; TO AMEND SECTION 11-43-160 OF THE 1976 CODE, RELATING TO SOURCES OF FUNDING FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO PHASE IN OVER FOUR YEARS BEGINNING JUNE 15, 2000, THE CREDITING OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES AND PENALTIES NOT ALREADY CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA

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TRANSPORTATION INFRASTRUCTURE BANK TO THAT ACCOUNT, AND TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF MOTOR VEHICLES LICENSING AND REGISTRATION FEES, SO AS TO CONFORM THE CREDITING OF THESE REVENUES TO THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 11-43-160 OF THE 1976 CODE, RELATING TO SOURCES OF FUNDING FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REVISE THE CONTRIBUTION TO THE BANK BY THE DEPARTMENT OF TRANSPORTATION FROM A MAXIMUM ANNUAL CONTRIBUTION OF THREE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO AN AMOUNT NOT TO EXCEED THE REVENUE PRODUCED BY ONE CENT A GALLON OF THE TAX ON GASOLINE AND TO DELETE SPECIFIC PURPOSES FOR THE USE OF THE CONTRIBUTION; TO AMEND SECTION 12-6-1140, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A THREE THOUSAND DOLLAR DEDUCTION FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-9-190 SO AS TO ESTABLISH A PERFORMANCE-BASED POINT SYSTEM FOR VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS UNDER THE ADMINISTRATION OF THE STATE FIRE MARSHAL USED TO DETERMINE ELIGIBILITY FOR THE TAX DEDUCTION ALLOWED BY THIS SECTION; TO AMEND SECTION 12-10-35 OF THE 1976 CODE, RELATING TO THE INCOME TAX MORATORIUM APPLICABLE IN CERTAIN COUNTIES FOR A QUALIFYING BUSINESS, SO AS TO ADD A COUNTY WHICH IS ONE OF THE THREE LOWEST PER CAPITA INCOME COUNTIES BASED ON THE AVERAGE OF SUCH INCOME IN THE THREE MOST RECENT YEARS TO THOSE COUNTIES IN WHICH A QUALIFYING BUSINESS IS ELIGIBLE FOR THE MORATORIUM; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-186 SO AS TO REQUIRE A STATE AGENCY TO REPORT AN INTERIM NEW FULL-TIME EMPLOYMENT POSITION TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF

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REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-187 SO AS TO REQUIRE A STATE AGENCY TO REPORT A FULL-TIME EMPLOYMENT POSITION TRANSFERRED TO OR RECEIVED FROM ANOTHER STATE AGENCY TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS PERMANENTLY TO INCREASE THE MAXIMUM TO TWENTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AN EMPLOYER TO NOTIFY THE SYSTEM ON HIRING A RETIREE AND TO REQUIRE THE EMPLOYER TO PAY THE EMPLOYER CONTRIBUTIONS ON AMOUNTS PAID TO RETIREES, AND TO DEDUCT UNPAID CONTRIBUTIONS FROM STATE PAYMENTS OTHERWISE DUE THE EMPLOYER IF THE EMPLOYER FAILS TO MAKE THE REQUIRED CONTRIBUTION; AND TO REPEAL SECTION 9-1-1600 RELATING TO A LIMITED EXEMPTION FROM THE EARNINGS LIMITATION BY A TEACHER OR OTHER EMPLOYEE ESPECIALLY SKILLED IN SCIENTIFIC KNOWLEDGE; TO AMEND SECTION 12-6-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM ELEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1993 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO

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FAILED TO MAKE SUCH AN ELECTION; TO AMEND SECTION 12-36-90, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED; TO AMEND SECTION 9-9-60, AS AMENDED, OF THE 1976 CODE, RELATING TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MULTIPLIER FOR RETIRED MEMBERS OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY FROM 4.82 PERCENT TO 5.89 PERCENT, EFFECTIVE JULY 1, 1999; TO AMEND SECTION 43-5-1135, AS AMENDED, OF THE 1976 CODE, RELATING TO THE GOAL TO RECRUIT AND HIRE INTO PUBLIC SECTOR JOBS COVERED BY THE SOUTH CAROLINA RETIREMENT SYSTEM PERSONS RECEIVING FAMILY INDEPENDENCE OR FOOD STAMP ASSISTANCE, SO AS TO REQUIRE AGENCIES TO REPORT THESE HIRES TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES RATHER THAN TO THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 8-19-15 SO AS TO REQUIRE ALL GRANT-IN-AID STATE AGENCIES REQUIRED BY FEDERAL LAW TO OPERATE UNDER MERIT PRINCIPLES IN PERSONNEL POLICIES AS A CONDITION OF RECEIVING FEDERAL GRANTS TO ESTABLISH THOSE MERIT POLICIES AND PROCEDURES NECESSARY TO ENSURE COMPLIANCE WITH THE FEDERAL MERIT PRINCIPLES REQUIREMENTS, AND TO REPEAL SECTIONS 8-19-10, 8-19-20, 8-19-30, 8-19-40, 8-19-50, 8-19-55, AND 8-19-60, ALL OBSOLETE PROVISIONS RELATING TO THE "SINGLE COOPERATIVE INTERAGENCY MERIT SYSTEM OF PERSONNEL ADMINISTRATION" ESTABLISHED FOR GRANT-AIDED AGENCIES IN THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-197 SO AS TO PROVIDE THAT EMPLOYER-PAID REIMBURSEMENTS OF MILEAGE EXPENSES INCURRED IN THE COURSE OF OFFICIAL BUSINESS BY STATE OFFICERS AND EMPLOYEES

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MUST BE AT A PER MILE RATE THAT IS EQUAL TO THE STANDARD BUSINESS MILEAGE RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE AS THAT RATE IS PERIODICALLY ADJUSTED; TO AMEND SECTION 1-1-820 OF THE 1976 CODE RELATING TO THE CONTENTS OF A STATE AGENCY'S ACCOUNTABILITY REPORT, SO AS TO ADD THE CRITERIA FROM THE MALCOLM BALDRIGE NATIONAL QUALITY AWARD AND TO REVISE THE REPORTING OF PERFORMANCE MEASURES; TO AMEND SECTIONS 8-11-160 AND 8-11-165, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND THE MATTERS RELATING TO AGENCY HEAD SALARIES, SO AS TO REQUIRE JUSTIFICATION FOR AN AGENCY'S RECOMMENDATIONS TO THE COMMISSION BASED PRIMARILY ON THE AGENCY'S ANNUAL ACCOUNTABILITY REPORT, AND TO ELIMINATE THE EVERY THREE-YEAR REQUIREMENT FOR THE SALARY AND FRINGE BENEFIT SURVEY FOR AGENCY HEADS, SO AS TO REQUIRE THE SURVEY WHEN REQUESTED BY THE STATE BUDGET AND CONTROL BOARD AT THE RECOMMENDATION OF THE COMMISSION, AND TO ADD ADDITIONAL STAFF TO THE COMMISSION FROM EXISTING STAFF FROM THE GOVERNOR'S OFFICE, SENATE FINANCE COMMITTEE, AND HOUSE WAYS AND MEANS COMMITTEE; TO AMEND SECTION 56-1-2070, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID COMMERCIAL DRIVER LICENSE, SO AS TO SUBSTITUTE "SOUTH CAROLINA MILITARY DEPARTMENT" FOR "NATIONAL GUARD", TO REVISE THE CIRCUMSTANCES IN WHICH MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE, AND TO PROVIDE THAT MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 59-67-510 OF THE 1976 CODE, RELATING TO THE USE OF SCHOOL BUS EQUIPMENT FOR THE TRANSPORTATION OF INDIVIDUALS FOR SPECIAL EVENTS AND EDUCATIONAL PURPOSES, SO AS TO PROVIDE THAT SCHOOL BUS EQUIPMENT MAY BE USED FOR

Printed Page 1397 . . . . . Thursday, April 15, 1999

TRANSPORTATION IN CONNECTION WITH OFFICIAL FUNCTIONS BY THE SOUTH CAROLINA MILITARY DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-115, SO AS TO REQUIRE PROCEEDS OF THE SALE OF REAL PROPERTY TITLED TO OR UNDER THE CARE AND CONTROL OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED TO THE CREDIT OF THE SINKING FUND AND USED BY THE BOARD TO ACQUIRE AND MAINTAIN FACILITIES OWNED BY IT FOR THE USE AND OCCUPANCY OF STATE DEPARTMENTS AND AGENCIES; TO AMEND SECTIONS 1-11-720 AND 9-1-10, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLAN AND DEFINITIONS FOR EMPLOYEE AND EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO MAKE ELIGIBLE LEGISLATIVE CAUCUS COMMITTEES AND THEIR EMPLOYEES FOR THESE BENEFITS.

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.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews

Printed Page 1398 . . . . . Thursday, April 15, 1999

Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

Message from the House

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.

HOUSE CONCURRENCE

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


Printed Page 1399 . . . . . Thursday, April 15, 1999

OCCASION OF HIS RETIREMENT AND ON BEING NAMED THE 1999 RECIPIENT OF THE DISTINGUISHED COACH AWARD FROM THE SOUTH CAROLINA FOOTBALL COACHES ASSOCIATION.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

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.

THIRD READING BILLS

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


Printed Page 1400 . . . . . Thursday, April 15, 1999

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 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.

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


Printed Page 1401 . . . . . Thursday, April 15, 1999

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.

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.

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

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.


Printed Page 1402 . . . . . Thursday, April 15, 1999

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

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:


Printed Page 1403 . . . . . Thursday, April 15, 1999

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.

AMENDMENT PROPOSED, 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)

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.

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,


Printed Page 1404 . . . . . Thursday, April 15, 1999

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

Senator MARTIN argued contra to the adoption of the amendment.

Call of the Senate

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


Printed Page 1405 . . . . . Thursday, April 15, 1999

Recorded Presence

Senators WALDREP and LAND recorded their presence subsequent to the Call of the Senate.

Senator MARTIN argued contra to the adoption of the amendment.

Objection

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.

RECESS

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.

RECESS

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.

RECESS

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.

RECESS

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.


Printed Page 1406 . . . . . Thursday, April 15, 1999

AFTERNOON SESSION

The Senate reassembled at, 2:02 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 MARTIN argued contra to the adoption of the amendment.

Point of Quorum

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.

Motion to Set a Time Certain Under Rule 15A Failed

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:


Printed Page 1407 . . . . . Thursday, April 15, 1999

Ayes 13; Nays 26

AYES

Cork                      Ford                      Glover
Hutto                     Land                      Matthews
McConnell                 McGill                    Passailaigue
Patterson                 Peeler                    Saleeby
Washington

Total--13

NAYS

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

Total--26

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.

Point of Quorum

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.

Call of the Senate

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

Printed Page 1408 . . . . . Thursday, April 15, 1999

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

Recorded Presence

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.

Point of Quorum

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.

Call of the Senate

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

Printed Page 1409 . . . . . Thursday, April 15, 1999

Reese                     Russell                   Ryberg
Saleeby                   Setzler                   Short
Smith, J. Verne           Thomas                    Wilson

A quorum being present, the Senate resumed.

MOTION ADOPTED
Rule 3b Invoked

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.

Motion to Set a Time Certain Under Rule 15A Failed

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.

AYES

Elliott                   Ford                      Hutto
Land                      Matthews                  McConnell
McGill                    Passailaigue              Patterson
Peeler                    Saleeby

Total--11

NAYS

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

Total--27


Printed Page 1410 . . . . . Thursday, April 15, 1999

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.

Objection

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.

ACTING PRESIDENT PRESIDES

At 6:02 P.M., Senator DRUMMOND assumed the Chair.

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

PRESIDENT PRESIDES

At 6:08 P.M., the PRESIDENT assumed the Chair.

Senator GREGORY argued contra to the adoption of the amendment.

Objection

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.

Objection

With Senator GREGORY retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up for immediate


Printed Page 1411 . . . . . Thursday, April 15, 1999

consideration Article 5 of the proposed amendment pertaining to criminal background checks.

Senator RYBERG objected.

Senator GREGORY argued contra to the adoption of the amendment.

Objection

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.

Objection

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.

Objection

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.

Objection

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.


Printed Page 1412 . . . . . Thursday, April 15, 1999

Senator GREGORY argued contra to the adoption of the amendment.

MOTION ADOPTED

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.

Objection

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.

Objection

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.

Objection

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.


Printed Page 1413 . . . . . Thursday, April 15, 1999

Senator THOMAS argued contra to the adoption of Amendment No. P-1.

ACTING PRESIDENT PRESIDES

At 8:55 P.M., Senator DRUMMOND assumed the Chair.

Senator THOMAS argued contra to the adoption of Amendment No. P-1.

PRESIDENT PRESIDES

At 10:03 P.M., the PRESIDENT assumed the Chair.

Senator THOMAS argued contra to the adoption of the amendment.

RECESS

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.

Point of Quorum

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.

Call of the Senate

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

Printed Page 1414 . . . . . Thursday, April 15, 1999

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.

Point of Quorum

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.

Point of Quorum

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.

Point of Quorum

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.


Printed Page 1415 . . . . . Thursday, April 15, 1999

Call of the Senate

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.

Recorded Presence

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.

ACTING PRESIDENT PRESIDES

At 1:05 A.M., Senator DRUMMOND assumed the Chair.

Senator THOMAS argued contra to the adoption of the amendment.

Point of Quorum

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.

Call of the Senate

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

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Cork

Printed Page 1416 . . . . . Thursday, April 15, 1999

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.

Point of Quorum

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:

Ayes 16; Nays 24

AYES

Anderson                  Branton                   Bryan
Courson                   Fair                      Giese
Gregory                   Hayes                     Leatherman
Martin                    Mescher                   Russell
Ryberg                    Smith, J. Verne           Thomas
Wilson

Total--16

NAYS

Alexander                 Bauer                     Cork
Drummond                  Elliott                   Ford

Printed Page 1417 . . . . . Thursday, April 15, 1999

Glover                    Hutto                     Jackson
Land                      Leventis                  Matthews
McConnell                 McGill                    Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Reese
Setzler                   Short                     Washington

Total--24

The Senate refused to adjourn.

Senator THOMAS argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 1:52 A.M., the PRESIDENT assumed the Chair.

Senator THOMAS argued contra to the adoption of the amendment.

Point of Quorum

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.

Call of the Senate

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.


Printed Page 1418 . . . . . Thursday, April 15, 1999

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

Point of Quorum

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.

Call of the Senate

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.

Recorded Presence

Senator LEVENTIS recorded his presence subsequent to the Call of the Senate.

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

Point of Quorum

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.


Printed Page 1419 . . . . . Thursday, April 15, 1999

Call of the Senate

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.

Point of Quorum

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.

Point of Quorum

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.

Call of the Senate

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

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Cork

Printed Page 1420 . . . . . Thursday, April 15, 1999

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.

Point of Personal Privilege

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.

ACTING PRESIDENT PRESIDES

At 6:04 A.M., Senator McGILL assumed the Chair.

Senator FAIR argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 6:11 A.M., the PRESIDENT assumed the Chair.

Senator FAIR argued contra to the adoption of the amendment.

Point of Quorum

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:


Printed Page 1421 . . . . . Thursday, April 15, 1999

Ayes 17; Nays 22

AYES

Alexander                 Anderson                  Branton
Bryan                     Courson                   Fair
Giese                     Gregory                   Hayes
Leatherman                Martin                    Mescher
Russell                   Ryberg                    Smith, J. Verne
Thomas                    Wilson

Total--17

NAYS

Bauer                     Cork                      Elliott
Ford                      Glover                    Hutto
Jackson                   Land                      Leventis
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Reese                     Setzler                   Short
Washington

Total--22

The Senate refused to adjourn.

Senator FAIR argued contra to the adoption of the amendment.

Point of Personal Privilege

Senator BAUER rose to a Point of Personal Privilege.

Senator FAIR argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 8:14 A.M., Senator BRANTON assumed the Chair.

Senator FAIR argued contra to the adoption of the amendment.

Leave of Absence

At 8:20 A.M., Senator CORK requested a leave of absence until 5:00 P.M.


Printed Page 1422 . . . . . Thursday, April 15, 1999

Senator FAIR argued contra to the adoption of the amendment.

Objection to Leave of Absence

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.

PRESIDENT PRESIDES

At 8:25 A.M., the PRESIDENT assumed the Chair.

Point of Order

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.

Point of Order

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.

Leave of Absence

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.


Printed Page 1423 . . . . . Thursday, April 15, 1999

Parliamentary Inquiry

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.

ACTING PRESIDENT PRESIDES

At 9:42 A.M., Senator ALEXANDER assumed the Chair.

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

MOTION ADOPTED

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.

PRESIDENT PRESIDES

At 10:25 A.M., the PRESIDENT assumed the Chair.

RECESS

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.

RECESS

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.

MOTION ADOPTED

At 11:25 A.M., with Senator RYBERG retaining the floor, Senator MOORE asked unanimous consent to make a motion that, when the


Printed Page 1424 . . . . . Thursday, April 15, 1999

Senate adjourns on the legislative day of Thursday, April 15, 1999, at 11:29 A.M., it stand adjourned to meet in statewide session on Friday, April 16, 1999, at 11:30 A.M.

There was no objection and the motion was adopted.

MOTION 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.

Statement by Senators HAYES, MARTIN, GIESE, RYBERG GREGORY, FAIR, RUSSELL, WILSON, THOMAS
ANDERSON and LEATHERMAN

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.


Printed Page 1425 . . . . . Thursday, April 15, 1999

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.

MOTION ADOPTED

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).

ADJOURNMENT

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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