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 prophetic words of the Prophet Isaiah, Chapter 53
(vv. 3, 4):
"He is despised and rejected of men, a man of sorrows, and
acquainted with griefs and we hid as it were our faces from Him..."
Let us pray.
Our Father, the hosannas and the hymns of Psalm Sunday continue to resound across the breadth of Christendom, but the ugly sounds of human sin and wickedness disturb our peaceful hopes.
Holy Week is an opportunity to reflect upon the great themes of our existence: love and hate... hope and despair... degradation and redemption!
Help us this week to bring into focus: man's sin and God's grace... man's tendency to destroy himself and God's yearning to redeem him... man's bent to divide and God's intense desire to reconcile.
Help us to see beyond the black clouds of the hill called Calvary, where three crosses stood, to the open tomb, the pledge of redemption's hope, and an angel saying, "He is not here... Go and tell."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond 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
A quorum being present, the Senate resumed.
Senator ELLIOTT recorded his presence subsequent to the Call of the Senate.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Richard Ganaway, 8102 Sardis Court, North Charleston, S.C. 29406
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jeanette Mullen Harper, 1189 Iron Bridge Rd., Mt. Pleasant, S.C. 29466
Senator J. VERNE SMITH introduced Dr. Ted Watson of Greenville, S.C., Doctor of the Day.
At 2:50 P.M., Senator THOMAS requested a leave of absence from 3:00 - 6:00 P.M. on Wednesday, March 31, 1999.
At 3:00 P.M., Senator GIESE requested a leave of absence from 4:00- 6:30 P.M. on Wednesday, March 31, 1999.
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.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Bill was ordered placed on the Calendar.
The following were introduced:
S. 665 (Word version) -- Senators Land, Alexander and Waldrep: A BILL TO AMEND SECTION 12-43-220 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REASSESSMENT CLASSIFICATIONS, SO AS TO ALLOW THE FOUR PERCENT ASSESSMENT RATIO TO REMAIN FOR THE ENTIRE YEAR UPON A TRANSFER IN OWNERSHIP OF REAL PROPERTY ASSESSED AT FOUR PERCENT PRIOR TO THE TRANSFER; TO ALLOW PROPERTY ASSESSED AT SIX PERCENT PRIOR TO THE TRANSFER TO QUALIFY AS FOUR PERCENT PROPERTY FOR THE ENTIRE YEAR, IF THE NEW OWNER DOES NOT QUALIFY DURING THE TAX YEAR FOR THE FOUR PERCENT RATIO WITH RESPECT TO ANOTHER PARCEL OF PROPERTY; TO PROVIDE THAT THE SIX PERCENT RATIO SHALL CONTINUE TO APPLY IF THE NEW OWNER HAS PREVIOUSLY QUALIFIED IN THE TAX YEAR FOR THE FOUR PERCENT RATIO WITH RESPECT TO ANOTHER PARCEL OF PROPERTY; AND TO DELETE THE PROVISION AUTHORIZING APPORTIONMENT OF THE TAX YEAR WHEN PROPERTY WAS TRANSFERRED FROM A PERSON QUALIFYING FOR THE FOUR PERCENT ASSESSMENT RATIO TO A PERSON QUALIFYING FOR THE SIX PERCENT ASSESSMENT RATIO.
Read the first time and referred to the Committee on Finance.
S. 666 (Word version) -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 1A AND AMENDING SECTION 6, SO AS TO PROVIDE THAT PROPERTY TAX MUST BE LEVIED SEPARATELY ON ANY CLASSIFICATION OF PERSONAL PROPERTY CREATED TO INCLUDE A PORTION OF THE "ALL OTHER PERSONAL PROPERTY" CLASSIFICATION BUT SUBJECT TO AN ASSESSMENT RATIO OF LESS THAN TEN AND ONE-HALF PERCENT AND TO PROVIDE THAT THE MILLAGE RATE IMPOSED ON THIS NEW CLASS MAY NOT EXCEED THE RATE IMPOSED FOR 2000 EXCEPT UPON REFERENDUM APPROVAL OR BY A POSITIVE MAJORITY VOTE OF THE GOVERNING BODY, AND TO DEFINE "POSITIVE MAJORITY" AND TO MAKE A CONFORMING AMENDMENT, AND TO PROPOSE AN AMENDMENT TO SECTION 1(8) OF ARTICLE X, RELATING TO THE ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL PROPERTY NOT USED IN A TRADE OR BUSINESS WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY EXCLUDING AIRCRAFT AND UNITS OF MANUFACTURED HOUSING AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND THIRTY-EIGHT HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER FOUR YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.
Read the first time and referred to the Committee on Finance.
S. 667 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 UNCOLLECTABLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTABLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED AND TO AMEND SECTION 12-36-2560, RELATING TO PAYMENT OF SALES TAX, SO AS TO PROVIDE THAT RETAILERS MAY DEDUCT CERTAIN UNCOLLECTABLE SALES AND USE TAXES PREVIOUSLY PAID TO THE STATE UNDER CERTAIN CONDITIONS FROM THEIR NEXT MONTHLY INSTALLMENT AND TO PROVIDE REPORTING REQUIREMENTS.
Read the first time and referred to the Committee on Finance.
S. 668 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 11-27-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BONDS FOR POLITICAL SUBDIVISIONS PURSUANT TO ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION SO AS TO PROVIDE THE TERM AND AMOUNT OF BONDS THAT MAY BE SOLD AT PRIVATE SALE AND WITHOUT ADVERTISEMENT AND TO PROVIDE PROCEDURES FOR THE ISSUANCE AND REDEMPTION OF BONDS MATURING BETWEEN FIVE AND THIRTY YEARS FROM THE DATE OF ISSUE; TO AMEND SECTION 11-27-50 RELATING TO THE ISSUANCE OF BONDS FOR SCHOOL DISTRICTS PURSUANT TO ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION SO AS TO PROVIDE THAT THE CONSENT OF ANOTHER BODY IS NOT REQUIRED TO ISSUE GENERAL OBLIGATION BONDS OF A SCHOOL DISTRICT AFTER AN ELECTION AND TO PROVIDE PROCEDURES FOR THE ISSUANCE AND REDEMPTION OF BONDS MATURING BETWEEN FIVE AND THIRTY YEARS; AND TO AMEND SECTION 11-15-440, RELATING TO THE EXTENT TO WHICH REFUNDING BONDS MAY BE ISSUED, SO AS TO MAKE THIS PROVISION APPLICABLE TO REVENUE BONDS AND TO PROVIDE THAT THE ISSUER MAY UTILIZE THE PROVISIONS OF SECTIONS 11-27-40 AND 11-27-50 IN CONNECTION WITH THE ISSUANCE OF SUCH REFUNDING BONDS.
Read the first time and referred to the Committee on Finance.
S. 669 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO FURTHER DEFINE AND CLARIFY THE PRACTICE OF FORESTRY AND TO REVISE PROCEDURES FOR USE OF AN ESCROW ACCOUNT.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 670 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF DEER NEAR RESIDENCES SO AS TO PROVIDE THAT A LANDOWNER HUNTING ON HIS OWN LAND, HIS LICENSEE, OR A PERSON TAKING DEER PURSUANT TO A DEPARTMENT PERMIT ARE EXEMPT FROM THE PROHIBITION AGAINST HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 671 (Word version) -- Senator Peeler: A JOINT RESOLUTION TO APPROVE THE MISSION STATEMENT OF THE DEPARTMENT OF NATURAL RESOURCES SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 1-30-10 OF THE 1976 CODE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 672 (Word version) -- Senators Hutto, Washington and Matthews: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILBUR LUCIUS CAVE OF ALLENDALE COUNTY FOR HIS YEARS OF EXCELLENT SERVICE TO THE CONSTITUENTS OF HOUSE DISTRICT 91, THE HOUSE OF REPRESENTATIVES, AND THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO OUR MOST ESTEEMED FRIEND AND COLLEAGUE ON ASSUMING THE DUTIES OF HIS POSITION AS DIRECTOR OF CONSTITUENT SERVICES FOR GOVERNOR HODGES.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Leach, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Ott, Cobb-Hunter, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith, McMahan, Mack, Maddox, Riser, Simrill and Sandifer: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
Read the first time and referred to the Committee on Judiciary.
H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1999" INCLUDING PROVISIONS TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE, AT THE TIME OF APPOINTMENT, A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND MUST PRESENT CERTIFIED PROOF TO THE SOUTH CAROLINA COURT ADMINISTRATION AND TO PROVIDE THAT MAGISTRATES SERVING ON JANUARY 1, 2000, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO RAISE THE JURISDICTIONAL AMOUNT TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE COLLECTION OF FEES AND COSTS BY MAGISTRATES, SO AS TO INCREASE CERTAIN FEES; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO THE DISMISSAL OF FRAUDULENT CHECK CASES FOR CERTAIN REASONS, SO AS TO INCREASE THE ADMINISTRATIVE COSTS; TO AMEND SECTION 34-11-90, RELATING TO THE PUNISHMENT IN FRAUDULENT CHECK CASES, SO AS TO INCREASE THE COURT COSTS; AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Read the first time and referred to the Committee on Judiciary.
H. 3787 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE THE SENECA HIGH SCHOOL "LADY CATS" VARSITY BASKETBALL TEAM OF OCONEE COUNTY ON WINNING THE 1999 CLASS AAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3794 (Word version) -- Rep. Clyburn: 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 WARDLAW ACADEMY LADY PATRIOTS BASKETBALL TEAM OF EDGEFIELD COUNTY ON WINNING THEIR THIRD CONSECUTIVE SCISAA CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3795 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. HARMON BALDWIN OF DARLINGTON FOR HIS MANY YEARS OF LEADERSHIP AND PUBLIC SERVICE IN THE DEVELOPMENT OF PARKS, RECREATION, AND THE TOURISM INDUSTRY IN DARLINGTON COUNTY AND THE PEE DEE REGION, AND TO EXTEND BEST WISHES FOR HIS CONTINUED SUCCESS ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3796 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF LEE COUNTY'S FINEST CITIZENS, MISS HALLIE MAE BYRD WHO PASSED AWAY ON FRIDAY, MARCH 5, 1999.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3797 (Word version)-- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING DR. SYLVIA POOLE SWINTON OF RICHLAND COUNTY ON BEING HONORED BY THE ALLEN UNIVERSITY BOOSTERS NETWORK DURING ITS ALUMNI BANQUET ON APRIL 3, 1999.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3800 (Word version) -- Reps. Delleney, Kirsh, McCraw, Meacham, Moody-Lawrence and Simrill: 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 CLINTON JUNIOR COLLEGE GOLDEN BEARS MEN'S BASKETBALL TEAM FOR WINNING THE REGION TEN BASKETBALL TOURNAMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Governor's School for the Arts and Humanities to attend a buffet luncheon in Room 221 Blatt Bldg. on Wednesday, March 31, 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 the Independent Banks of South Carolina to attend a reception at the Capital City Club on Tuesday, April 6, 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 the South Carolina Association of Nurse Anesthetists to attend a breakfast/drop-in in Room 221 Blatt Bldg. on Wednesday, April 7, 1999, from 8:30 until 10:30 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 the South Carolina Association of Cosmetology Schools to attend a luncheon in Room 208 Blatt Bldg. on Wednesday, April 7, 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 the Young Bankers Division, South Carolina Bankers Association to attend an oyster roast at the Woman's Club of Columbia on Wednesday, April 7, 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 the Home Builders Association of South Carolina to attend a bird supper at South End Zone at Williams-Brice Stadium on Tuesday, April 13, 1999, from 6:30 until 9:00 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 Clemson University Public Service and Agriculture to attend a catfish and grits dinner at the Woman's Club of Columbia on Wednesday, April 14, 1999, from 6:00 until 8:30 P.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.
S. 56 (Word version) -- Senators Alexander and Elliott: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND proposed the following amendment (56C001.DHH), which was adopted:
Amend the bill, as and if amended, page 1, line 31 by adding an appropriately numbered new Section to read as follows:
/ SECTION __. Section 58-3-70 of the 1976 Code is amended to read:
"Section 58-3-70. The chairman and members of the commission shall receive annual salaries which are set at a rate equal to the salaries paid to the chairman and members of the Employment Security Commission and which are payable in the same manner as the salaries of other state officers are paid." /
Renumber remaining 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.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
Senator COURTNEY explained the Bill.
S. 577 (Word version) -- Senators McConnell, Leventis, Ryberg and Ford: A BILL TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT A PERSON MAY NOT SEEK MORE THAN ONE JUDICIAL VACANCY AT THE SAME TIME.
S. 654 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8926, SO AS TO PROVIDE A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF PURCHASING OR POSSESSING BEER, ALE, PORTER, WINE, FERMENTED BEVERAGES, OR ALCOHOLIC LIQUORS BY A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AUTHORIZE SUCH PERSONS TO APPLY TO THE COURT FOR AN ORDER EXPUNGING ALL RECORDS RELATING TO THE ARREST, INDICTMENT OR INFORMATION, TRIAL, FINDING OF GUILTY, AND DISMISSAL; AND BY ADDING SECTION 61-4-595, SO AS TO PROVIDE THAT THE HOLDER OF A PERMIT FOR THE SALE OF BEER OR WINE WHO IS CHARGED WITH SELLING BEER OR WINE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE MAY USE AS A MITIGATING CIRCUMSTANCE PROGRAMS USED BY THE PERMIT HOLDER TO EDUCATE AND TRAIN ITS EMPLOYEES ON THE PREVENTION OF THE SALE OF BEER OR WINE TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, AND TO FURTHER PROVIDE THAT, IF THE PERMIT HOLDER AND HIS EMPLOYEES PARTICIPATE IN SUCH A PROGRAM, THE ADMINISTRATIVE LAW JUDGE MAY DISMISS THE CHARGES AGAINST THE PERMIT HOLDER.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 660 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS; TO AMEND SECTION 16-1-90, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN DEATH IS A CLASS A FELONY, TO FURTHER PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS A CLASS D FELONY, AND TO FURTHER PROVIDE THAT ABUSE, NEGLECT, OR EXPOITATION OF A VULNERABLE ADULT IS A CLASS F FELONY; AND TO ADD SECTION 16-3-1050, SO AS TO PROVIDE PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT.
S. 329 (Word version) -- Senators Moore, McConnell, Russell, McGill, Passailaigue, Reese, Jackson, Martin, Washington and Saleeby: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator MOORE explained the Bill.
The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments, carrying over all amendments to third reading.
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
H. 3712 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
At 12:30 P.M., Senator MARTIN assumed the Chair.
H. 3261 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.
Senator RAVENEL explained the Bill.
H. 3685 (Word version) -- Reps. Harvin, Barfield, G. Brown, J. Brown, Canty, Dantzler, Gourdine, J. Hines, Hinson, Law, M. McLeod, Ott and Woodrum: A BILL TO AMEND SECTION 51-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SANTEE COOPER COUNTIES PROMOTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO BORROW MONEY.
Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time and ordered placed on the third reading Calendar.
S. 333 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODY WORK THERAPISTS SO AS TO EXEMPT FROM CONTINUING EDUCATION THERAPISTS WHO HAVE BEEN IN PRACTICE FOR TWENTY-FIVE YEARS CONTINUOUSLY; TO AMEND SECTION 40-30-190 RELATING TO PROMULGATION OF REGULATIONS CONCERNING CONTINUING EDUCATION REQUIREMENTS SO AS TO CLARIFY THESE REQUIREMENTS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Committee on Labor, Commerce and Industry proposed the following amendment (S. 333-AMENDMENT), which was adopted:
Amend the bill, as and if amended, page 1, Section 40-30-180(A)(2) by striking lines 37-38 and inserting:
/proof of a 'Certificate in Massage' issued prior to January 1, 1974, is exempt from continuing education requirements/
Amend the bill further by adding:
/SECTION __. Section 40-30-40(C) of the 1976 Code, as amended by Act 387 of 1996, is amended to read:
"(C) Members serve a term of four years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the advisory panel must be filled in the manner of the original appointment for the remainder of the unexpired term."/
Amend the bill further by adding:
/Section __. Section 40-30-65(C) of the 1976 Code, as amended by Act 387 of 1996, is amended to read:
"(C) Members serve a term of two years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the disciplinary panel must be filled in the manner of the original appointment for the remainder of the unexpired term."/
Renumber sections to conform.
Amend title to conform.
Senator SETZLER 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. 526 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO LEVY UPON THE PROPERTY SECURING THE WARRANT FOR NONPAYMENT OF CONTRIBUTIONS, INTEREST, PENALTIES, ASSESSMENTS, AND COSTS AND TO CONTRACT WITH A COLLECTION AGENCY FOR THE PURPOSE OF COLLECTING DELINQUENT PAYMENTS, TO REQUIRE THE COMMISSION TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT IN THE COUNTIES IN WHICH THE DELINQUENT EMPLOYER DOES BUSINESS, AND TO PROVIDE THAT THE POWERS CONFERRED UPON THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME TAXES ARE CONFERRED UPON THE COMMISSION, MUTATIS MUTANDIS, FOR THE COLLECTION OF DELINQUENT PAYMENTS OWED TO THE COMMISSION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Committee on Labor, Commerce and Industry proposed the following amendment (PT\1397DW99), which was adopted:
Amend the bill, as and if amended, page 2, in Section 41-31-390 of the 1976 Code, as contained in SECTION 1, by adding immediately following line 15:
/ (C) The commission shall promulgate regulations to effectuate the provisions of this section. /
Amend further, page 2, in Section 41-31-400 of the 1976 Code as contained in SECTION 2, by adding immediately after line 43:
/ (C) The commission shall promulgate regulations to effectuate the provisions of this section. /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 41-33-45. The commission shall report, by October 1 of each year, to the Senate Finance Committee and to the House Ways and Means Committee the amount in the unemployment trust fund and make an assessment of its funding level." /
Renumber sections to conform.
Amend title to conform.
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. 70 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RYBERG proposed the following amendment (JUD0070.002.DOC):
Amend the bill, as and if amended, page 2, line 2, in Section 15-41-30, as contained in SECTION 1, by striking line 2 in its entirety and inserting therein the following:
/ the meaning provided in Section 12-6-40(A).
(13) The debtor's interest in a pension plan qualified under the Employee Retirement Income Security Act of 1974, as amended." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
On motion of Senator BRYAN, with unanimous consent, the Bill was carried over.
At 12:50 P.M., the PRESIDENT assumed the Chair.
Senator McCONNELL rose for an Expression of Personal Interest.
Senator PASSAILAIGUE rose for an Expression of Personal Interest.
Senator THOMAS rose for an Expression of Personal Interest.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 535 (Word version) -- Senators Short, Bryan, Washington, Cork, Setzler, Anderson, Mescher, Hayes, Wilson, Drummond, Waldrep, Jackson, Ford, Rankin, Moore, Land, J. Verne Smith, Hutto, Branton, Russell, Matthews, Leventis, Reese, Passailaigue, Glover, McGill, Elliott, Saleeby and Holland: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator FAIR argued contra to the third reading of the Bill.
At 1:45 P.M., Senator MARTIN assumed the Chair.
Senator FAIR continued arguing contra to the third reading of the Bill.
At 3:16 P.M., the PRESIDENT assumed the Chair.
Senator FAIR continued arguing contra to the third reading of the Bill.
Senator DRUMMOND asked unanimous consent to make a motion under the provisions of Rule 1B that, when the Senate adjourns on Wednesday, March 31, 1999, it stand adjourned to meet Thursday, April 1, 1999, in statewide session at the time and subject to the limitations set forth in Rule1B, provided that, when the Senate adjourns on Thursday, April 1, 1999, it stand adjourned to meet on Tuesday, April 6, 1999, at 12:00 Noon.
There was no objection and the motion was adopted.
Senator FAIR continued arguing contra to the third reading of the Bill.
At 4:15 P.M., on motion of Senator FAIR, the Senate receded from business not to exceed five minutes, with Senator FAIR retaining the floor.
At 4:20 P.M., the Senate resumed.
Senator FAIR continued arguing contra to the third reading of the Bill.
With Senator FAIR retaining the floor, Senator DRUMMOND, with unanimous consent, was granted leave to address the Senate with brief remarks.
Senator FAIR argued contra to the third reading of the Bill.
Senator THOMAS argued contra to the third reading of the Bill.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Gregory Grooms Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators GLOVER, RUSSELL and O'DELL recorded their presence subsequent to the Call of the Senate.
Senator THOMAS continued arguing contra to the third reading of the Bill.
At 5:25 P.M., Senator LEATHERMAN assumed the Chair.
Senator THOMAS continued arguing contra to the third reading of the Bill.
At 5:43 P.M., Senator LAND moved under Rule 15A to set a time certain of 5:45 P.M. to vote on the entire matter of S. 535.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Glover Hutto Jackson Land Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Saleeby Setzler Short Smith, J. Verne Washington
Alexander Branton Courson Courtney Drummond Elliott Fair Giese Gregory Grooms Hayes Leatherman Leventis Martin Mescher Peeler Rankin Ravenel Reese Russell Ryberg Thomas Waldrep Wilson
Not having received the necessary vote, the motion under Rule 15A failed.
Senator THOMAS continued arguing contra to the third reading of the Bill.
At 6:17 P.M., Senator ALEXANDER assumed the Chair.
Senator THOMAS argued contra to the third reading of the Bill.
Senator MOORE asked unanimous consent to make a motion that the Senate proceed to a consideration of the amendments to the Bill, and subsequent to the disposition of the amendments, the Senate would proceed to the third reading of the Bill, whereupon the Senate would thereafter stand adjourned.
There was no objection and the motion was adopted.
Senator FAIR proposed the following Amendment No. 6 (PSD\7348AC99), which was tabled:
Amend the bill by adding an appropriately numbered Section to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 12-6-3512. There is allowed a nonrefundable credit against the tax imposed by Section 12-6-510 for the expenses of preparing a child for kindergarten. Expenses eligible for the credit include, but are not limited to, the cost of immunizations, medical requirements imposed for school, books, other educational materials, uniforms required by schools, school supplies, computers, and educational software. Unused credit may be carried forward to the five succeeding taxable years. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator SHORT moved to lay the amendment on the table.
The amendment was laid on the table.
Senator FAIR desired to be recorded as voting against the motion to table the amendment.
Senator FAIR proposed the following Amendment No. 7 (PSD\7349AC99), which was tabled:
Amend the bill, Section 59-152-150, page 11, by deleting lines 15-19 and inserting:
/ During the third year of the First Steps initiative, an independent audit of the initiative must be conducted to review the success and effectiveness of the initiative at the state and local levels, and the results of the audit must be reported to the General Assembly no later than January 1, 2003." /
Amend the bill further, page 17, by deleting Section 10 and inserting:
/ SECTION 11. This act takes effect July 1, 1999, and is repealed January 1, 2005, unless otherwise continued by law. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator SHORT moved to lay the amendment on the table.
The amendment was laid on the table.
Senator FAIR desired to be recorded as voting against the motion to table the amendment.
Senator FAIR proposed the following Amendment No. 9 (535R003.MLF), which was tabled:
Amend the bill, as and if amended, by striking lines 8, 9, and 10 on page 12 in their entirety and inserting:
/ (1) nine members, three of which shall be appointed by the Governor with the advice and consent of the Senate, three of which shall be appointed by the Chairman of the Senate Education Committee and three of which shall be appointed by the Chairman of the House Education and Public Works Committee and shall include representatives of the following: /.
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator SHORT moved to lay the amendment on the table.
The amendment was laid on the table.
Senator FAIR desired to be recorded as voting against the motion to table the amendment.
The question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott 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 Waldrep Washington Wilson
Fair Thomas
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Richard Ganaway, 8102 Sardis Court, North Charleston, S.C. 29406
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jeanette Mullen Harper, 1189 Iron Bridge Rd., Mt. Pleasant, S.C. 29466
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. William J. Goudelock of Easley, S.C.
At 5:43 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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