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 ACTING PRESIDENT, Senator DRUMMOND. (This is a special Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home district without effect on their session attendance record.)

A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH:

Let us pray.

Our kind and loving Heavenly Father, We are grateful to You for the privilege of service. We ask You, please, to guide and direct us, and help us to make decisions that will be pleasing to Thee. We ask that You look over our friend, Susan Coleman, and we ask that You guide the doctor's hand and, if it's Your will, that You help Susan to a safe and speedy recovery.

Amen.

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

Senator GIESE introduced Dr. Nelson Weston of Columbia, S.C., Doctor of the Day.

On motion of Senator RYBERG, at 11:12 A.M., Senator THOMAS was granted a leave of absence for the balance of the day.

On motion of Senator MATTHEWS, at 11:12 A.M., Senator PATTERSON was granted a leave of absence for today.

At 11:35 A.M., Senator WASHINGTON requested a leave of absence for the balance of the day.

At 11:50 A.M., Senator HUTTO requested a leave of absence beginning at 12:01 P.M. Saturday, February 20, 1999, until 11:59 P.M. Saturday, February 27, 1999.

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.

Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.

There was no objection.

The Joint Resolution was placed on the Calendar.

The following were introduced:

S. 416 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE COACHES AND MEMBERS OF THE LEWISVILLE HIGH SCHOOL "LIONS" FOOTBALL TEAM FOR AN OUTSTANDING 1998 EFFORT, ENDING THE SEASON WITH A WELL DESERVED CLASS A TITLE VICTORY.

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

S. 417 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-15 SO AS TO DESCRIBE AND PROVIDE FOR THE MISSION OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

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

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

S. 419 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE FRANK E. DILLARD FOR HIS DEDICATED SERVICE AS SPARTANBURG COUNTY COUNCIL VICE-CHAIRMAN AND DISTRICT #6 REPRESENTATIVE FOR SPARTANBURG COUNTY.

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

S. 420 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION RECOGNIZING THE HONORABLE DAVID G. DENNIS, SR. FOR HIS DEDICATED SERVICE AS CHAIRMAN OF SPARTANBURG COUNTY COUNCIL.

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

S. 421 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT A PERSON WHO WAS ON ACTIVE DUTY WITH THE UNITED STATES ARMED FORCES ON OR AFTER MAY, 1995, ALSO IS ELIGIBLE FOR THESE SCHOLARSHIPS.

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

S. 422 (Word version) -- Senator Holland: A BILL TO AMEND SECTIONS 12-36-90, 12-36-110, AND 12-36-2120, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXEMPT BUILDING MATERIALS PURCHASED BY A NONPROFIT TAX EXEMPT ENTITY EXCLUSIVELY ORGANIZED AND OPERATED TO BUILD AND SELL SINGLE FAMILY HOUSES TO SELECTED BUYERS TO PROMOTE HOME OWNERSHIP AND TO EXCLUDE FROM THE DEFINITIONS OF "GROSS PROCEEDS OF SALE" AND "RETAIL SALE" THESE ITEMS WHEN WITHDRAWN FROM INVENTORY AND DONATED TO AN ENTITY TO WHICH THE ITEMS COULD BE SOLD SALES TAX EXEMPT.

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

S. 423 (Word version) -- Senators Thomas, J. Verne Smith, Washington, Ravenel, Rankin, Grooms, Fair, Drummond, Giese, Alexander, Martin, Branton, Mescher, Wilson, Ryberg, Holland, Peeler, Anderson, Hayes, Cork, Passailaigue, Reese, McGill, Waldrep, Elliott, Saleeby, Moore, Leatherman, Courtney, Setzler, Hutto, Leventis and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-94 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY OR ANY GOVERNMENT ENTITY SHALL NOT SELL CERTAIN INFORMATION CONTAINED IN A PERSON'S DRIVER'S LICENSE RECORD UNLESS THE PERSON AUTHORIZES THE SALE, TO PROVIDE THAT THE DEPARTMENT MUST REFUND ALL MONEY RECEIVED FROM THE SALE OF THIS INFORMATION AND TO PROVIDE THAT THE USE OF THIS INFORMATION IS RESTRICTED.

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

S. 424 (Word version) -- Senators J. Verne Smith, Alexander, Anderson, 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, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL PHOTOGRAPHS OR DIGITIZED IMAGES CONTAINED IN A PERSON'S DRIVER'S LICENSE RECORD, AND TO DELETE PARAGRAPH 36.12, SECTION 36, PART IB OF ACT 419 OF 1998 WHICH AUTHORIZES THE SALE OF SUCH ITEMS.

Senator J. VERNE SMITH spoke on the Bill.

Read the first time and on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.

S. 425 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO COMMEND MRS. JOHNNIE RUTH JENKINS OF BARNWELL COUNTY ON HER MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE TO HER COMMUNITY UPON HER RETIREMENT FROM THE AIKEN-BARNWELL-LEXINGTON COMMUNITY ACTION COMMISSION.

The Senate Resolution was adopted.

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.

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

H. 3155 (Word version) -- Reps. Wilkins, H. Brown, J. Brown, Harrison, Cato, Townsend, Sharpe, Haskins, D. Smith, Harrell, Edge, Robinson, Campsen, Gilham, Bowers, Miller, Battle, Clyburn, Whipper, Gourdine, Wilder, Neilson, Kirsh, Harvin, J. Smith, Emory, Lourie, Inabinett, Parks, Stille, Jennings, J. Hines, Rhoad, Rutherford, Bales, Ott, Bailey, Hayes, Moody-Lawrence, W. McLeod, F. Smith and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

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

H. 3156 (Word version) -- Reps. Wilkins, H. Brown, J. Brown, Harrison, Cato, Townsend, Sharpe, Haskins, D. Smith, Harrell, Edge, Robinson, Campsen, Gilham, Bowers, Miller, Battle, Clyburn, Whipper, Gourdine, Wilder, Neilson, Kirsh, Harvin, J. Smith, Emory, Lourie, Inabinett, Parks, Stille, Jennings, J. Hines, Rhoad, Rutherford, Bales, Ott, Bailey, Hayes, Moody-Lawrence, W. McLeod, F. Smith, Wilkes and Rice: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

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

H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Law, Martin, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield and Lee: A JOINT RESOLUTION 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 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.

Senator PASSAILAIGUE spoke on the Joint Resolution.

Read the first time and on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.

Senator PASSAILAIGUE asked unanimous consent to commit the Resolution to the Committee on Finance, retaining its place on the Calendar.

There was no objection.

The Resolution was committed to the Committee on Finance.

H. 3332 (Word version) -- Reps. Miller, Lanford and W. McLeod: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND TO RATIFY AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.

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

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.

Returned with concurrence.

Received as information.

S. 380 (Word version) -- Senator Land: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY 26, 1999, AS "SENIOR CITIZENS SUMMIT DAY 1999" IN SOUTH CAROLINA IN RECOGNITION OF THE OUTSTANDING ENDEAVOR OF THE YOUNG LAWYERS DIVISION OF THE SOUTH CAROLINA BAR TO EDUCATE SENIOR CITIZENS ON CERTAIN IMPORTANT ISSUES.

Returned with concurrence.

Received as information.

S. 408 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 10, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, CHIEF JUDGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999.

Returned with concurrence.

Received as information.

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

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3289 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 4, 5, AND 6, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND A LACK OF ELECTRICITY 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.

(By prior motion of Senator PEELER, with unanimous consent)

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 118 (Word version) -- Senators Mescher and Reese: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.

S. 407 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 18, 1998, MISSED BY STUDENTS OF BUENA VISTA ELEMENTARY IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS IS 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.

S. 399 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Hayes, Reese, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senators McCONNELL, COURTNEY, MATTHEWS, PATTERSON, REESE, HAYES, JACKSON and PASSAILAIGUE proposed the following amendment (399.GFM001.S-INS), which was adopted:

Amend the bill, as and if amended, page 4, line 23, by striking / private passenger /.

Further amend the bill, page 4, line 37, by striking / private / and line 38, by striking / passenger /.

Amend the bill, as and if amended, page 5, line 5, by striking / private passenger /.

Amend the bill further, as and if amended, page 5, line 7, by striking the words / private passenger /.

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

S. 399 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Hayes, Reese, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.

Senator HOLLAND asked unanimous consent to make a motion that his name be added as a co-sponsor of the Bill.

There was no objection.

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 322 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

S. 332 (Word version) -- Senator Jackson: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.

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.

S. 412 (Word version) -- Senators Glover, Saleeby, Land, McGill and Leatherman: A JOINT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN FLORENCE, SOUTH CAROLINA, IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS.

S. 294 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.

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

The Senate Judiciary Committee proposed the following amendment (JUD0294.001.DOC), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 34, in Section 20-7-2379(D), as contained in SECTION 1, by striking lines 34 and 35 and inserting therein the following:
/ These recommendations must be submitted to the Governor and included in /.

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the committee 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.

S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.

On motion of Senator COURTNEY, the Bill was recommitted to the Committee on Judiciary, retaining its place on the Calendar.

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.

S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF SOUTH CAROLINA.

On motion of Senator MOORE, the Concurrent Resolution was carried over.

S. 150 (Word version) -- Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese: A BILL TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.

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

The Transportation Committee proposed the following amendment (DKA\3169CM99), which was adopted:

Amend the bill, as and if amended, by deleting Section 2, as contained on page 2, in its entirety and inserting:

/ SECTION   2.   Section 56-3-1820 of the 1976 Code, as last amended by Act 425 of 1996, is further amended to read:

"Section 56-3-1820.   The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted on a decal to be affixed upon the top of the license plate 'Air National Guard', 'Army National Guard', 'National Guard Retired', or 'State Guard' and the figure of the 'Minute Man' with numbers, the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department or letters, or both, as determined by the department permanently imprinted on the license plate. The biennial fee for the special license plates plate is the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."/

Amend title to conform.

The amendment was adopted.

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

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

S. 1 (Word version) -- Senators Passailaigue, McConnell, Ford, O'Dell, Elliott, Branton, Hutto and Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT THE NET REVENUE DERIVED FROM THE LOTTERIES BE USED SOLELY TO SUPPORT IMPROVEMENTS AND ENHANCEMENTS TO EDUCATION PURPOSES AND PROGRAMS AS PROVIDED FOR BY THE GENERAL ASSEMBLY.

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

Senator MARTIN spoke on the Joint Resolution.

Senator GREGORY argued contra to the Joint Resolution.

Senator DRUMMOND gave notice of his intent to make a motion to close debate on S. 1 on Tuesday, February 2, 1999.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator GREGORY retaining the floor.

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, Director of the Department of Labor, Licensing and Regulation, with term coterminus with Governor:

Rita Margaret McKinney, 240 Woodland Way, Greenville, S.C. 29607 VICE Lewis F. Gossett

Initial Appointment, Secretary of the Department of Commerce, with term coterminus with Governor:

Charles Seignious Way, Jr., 1430 Venning Road, Mt. Pleasant, S.C. 29464 VICE Robert V. Royall

Senator DRUMMOND moved that, when the Senate adjourns on Friday, January 29, 1999, it stand adjourned to meet next Tuesday, February 2, 1999, at 12:00 Noon, which motion was adopted.

At 12:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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