Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Paul to the believers in Corinth (I Cor., 13:1v.):
"I will show you a still more excellent way. If I speak in the tongues
of men and of angels, but have not love, I am a noisy gong or a
clanging cymbal."
Let us pray.
Our Father, You have given us so much to make our lives so happy, and so good. Yet, in spite of all Your goodness, we are in world-wide distress... caught up in a whirlwind of evil.
So has it been for quite a while, since the Garden of Eden, as a matter of fact.
Many years ago a man named Jesus came along and taught us about love... and lived a life of love... and died for the love of all mankind.
St. Paul took it up and explained it all in detail and doctrine.
Even in our day a man by the name of Martin Luther King, Jr. took a stab at, and tried, it. But somehow we can't take a hold of it. Help us today to hear the further words to the believers in Corinth:
"So faith, hope, love abide, these three;
But the greatest of these is love."
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator THOMAS rose for an Expression of Personal Interest.
The following was received:
Document No. 2257
Agency: Commission on Higher Education
SUBJECT: Palmetto Fellows Scholarship: 1999-2000
Received by Lieutenant Governor January 20, 1998
Referred to Education Committee
Legislative Review Expiration February 3, 1999
May 19, 1998 Senate Education Committee Requested Withdrawal
January 14, 1999 Withdrawn and Resubmitted
Senator PATTERSON introduced Dr. Gerald Wilson of Columbia, S.C., Doctor of the Day.
S. 225 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 6-9-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INAPPLICABILITY OF LOCAL ORDINANCES TO CERTAIN STATE AND SCHOOL DISTRICT PROJECTS AND THE JURISDICTION OF DEPUTY STATE FIRE MARSHALS AND CERTIFIED STATE ENGINEER'S OFFICE OF THE BUDGET AND CONTROL BOARD PERSONNEL, SO AS TO PROVIDE THAT SCHOOL DISTRICT PROJECTS ARE SUBJECT TO PERMIT OR LICENSE REQUIREMENTS TO COMPLY WITH LOCAL BUILDING STANDARDS IN ORDINANCES AND REGULATIONS.
On motion of Senator McCONNELL, with unanimous consent, the Bill was recalled from the Committee on Finance.
Senator McCONNELL asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The following were introduced:
S. 346 (Word version) -- Senators Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, Leventis, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Cork, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton and Grooms: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 20, 1999, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 347 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE THE BRIDGE ON S.C. 52 NORTH OF CHERAW IN CHESTERFIELD COUNTY AS THE "GILBERT (GIL) FRANKLIN HALMA BRIDGE".
The Concurrent Resolution was adopted, ordered sent to the House.
S. 348 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REMEMBER AND RECOGNIZE THE TREMENDOUS CONTRIBUTION OF THE LATE JAMES F. BYRNES TO HIS STATE, THE NATION, AND THE CAUSE OF WORLD PEACE AND, WITH GREAT ADMIRATION FOR HIS LIFE, WORK, AND QUIET EXAMPLE, AND WITH DEEP APPRECIATION FOR HIS LIVING LEGACY TO THE ORPHANED SONS AND DAUGHTERS OF HIS NATIVE STATE, THE JAMES F. BYRNES FOUNDATION, AND TO DECLARE JUNE 12, 1999, AS "JAMES F. BYRNES MEMORIAL DAY" IN HONOR OF THIS TRULY GOOD MAN AND THE DISTINGUISHED BYRNES SCHOLARS WHO SHARE AND CARRY ON HIS VISION FOR FAMILY, FOR EDUCATION, FOR SOUTH CAROLINA, FOR THE NATION, AN END TO WAR, AND FOR A WORLD AT PEACE.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 349 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-152 SO AS TO PROVIDE THAT FOR EVERY AUTOMOBILE INSURANCE POLICY OR CONTRACT ISSUED OR RENEWED IN THIS STATE AN ADDITIONAL SURCHARGE OF FIVE HUNDRED DOLLARS MUST BE CHARGED FOR VIOLATIONS OF, OR AS ADDITIONAL PENALTIES UNDER, CERTAIN PROVISIONS OF THE MOTOR VEHICLE LAWS IN TITLE 56, AND TO PROVIDE FOR THE USE OF THIS ADDITIONAL SURCHARGE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 350 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-147 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO LET FOR BIDS ANY AUTOMOBILE LIABILITY REINSURANCE CONTRACT PURSUANT TO SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Banking and Insurance.
S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 352 (Word version) -- Senator Moore: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Read the first time and referred to the Committee on Judiciary.
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.
Read the first time and referred to the Committee on Judiciary.
S. 354 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 1999", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO AMEND SECTION 37-5-104, RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42 OF TITLE 15 ABOVE.
Read the first time and referred to the Committee on Judiciary.
S. 355 (Word version) -- Senator Elliott: A JOINT RESOLUTION TO NAME THE RECENTLY COMPLETED BOAT LANDING ON THE WACCAMAW RIVER AT HIGHWAY 9 THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9" AND TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES SHALL ERECT SUCH SIGNS AS APPROPRIATE FROM LOCALLY GENERATED FUNDING TO DESIGNATE AND NAME THE NEW LANDING AS THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9".
The Joint Resolution was read the first time and, on motion of Senator ELLIOTT, with unanimous consent, was ordered placed on the Calendar without reference.
S. 356 (Word version) -- Senators Anderson and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE PAYMENT FOR FOUR PRESCRIPTIONS A MONTH FOR MEDICAID ELIGIBLE RECIPIENTS.
On motion of Senator MOORE, with unanimous consent, the Bill was read the first time and referred to the Committee on Finance.
S. 357 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
Read the first time and referred to the Committee on Judiciary.
H. 3260 (Word version) -- Reps. Harrell, Seithel, Limehouse, Mack, Inabinett, Breeland, Chellis, Campsen and Whipper: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE CHARLESTON COUNTY SCHOOL DISTRICT IN CHARLESTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE 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.
Read the first time and referred to the Committee on Education.
H. 3264 (Word version) -- Reps. Young-Brickell, Chellis, Harrell, Bailey and Cobb-Hunter: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE SUMMERVILLE SCHOOL DISTRICT OR DORCHESTER COUNTY SCHOOL DISTRICT 2 IN DORCHESTER COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE 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.
On motion of Senator BRANTON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out S. 196 favorable:
S. 196 (Word version) -- Senators Courson, Giese and Leventis: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE HAROLD L. MILLER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 24, 1999.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out S. 197 favorable:
S. 197 (Word version) -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO DECLARE JANUARY 16, 1999, AS THE CHILDREN'S CENTER FOR CANCER AND BLOOD DISORDERS AT PALMETTO RICHLAND MEMORIAL HOSPITAL DAY IN SOUTH CAROLINA.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Federation for Older Americans to attend a luncheon at the Capital Senior Center at Maxcy Gregg Park on Tuesday, January 26, 1999, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. State Board for Technical and Comprehensive Education to attend a reception at the State Museum on Tuesday, January 26, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Association of Realtors and S.C. Realtors PAC to attend a breakfast reception at the Capital City Club on Wednesday, January 27, 1999, from 8:30 until 9:30 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from National Federation of the Blind of S.C. to attend a buffet luncheon in Room 208 Blatt Bldg. on Wednesday, January 27, 1999, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from City of Columbia to attend a reception at the Columbia Museum of Art on Wednesday, January 27, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Broadcasters Assn. to attend a shrimp and grits breakfast in Room 208 Blatt Bldg. on Thursday, January 28, 1999, from 8:00 until 10:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
S. 338 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
S. 342 (Word version) -- Senators Giese, Patterson, Courson and Jackson: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 10, 1999, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER -OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 10, 1999, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 343 (Word version) -- Senator Cork: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CROSS ISLAND PARKWAY BRIDGE IN BEAUFORT COUNTY THE "CHARLES E. FRASER BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 339 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, the Joint Resolution was carried over.
S. 340 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, the Joint Resolution was carried over.
S. 341 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, the Joint Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
At 12:19 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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