Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, as we move through a week called "Holy," hear words from the Gospel of St. John 3:14 (NRSV):
"And just as Moses lifted up the serpent in the wilderness, so must
the Son of Man be lifted up, that whosoever believes in Him may
have eternal life."
Let us pray.
Lord, God of Moses, as we come to work on the eve of Good Friday and the Jewish Passover, we pray that your illuminating Spirit will help us understand the meaning of what really happened on the Cross of Calvary long ago!
Somehow, we have a feeling that the upright beam of the cross is a symbol of the need for a reconciliation between the Holy God and sinful mankind; and the cross-beam is a symbol of the outstretched arms of God and His love for all mankind.
Help us to understand that we should stretch out our arms in service to our fellow human beings.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Initial Appointment, Marion County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Regina G. Bristow, Post Office Box 847, Marion, S.C. 29571 VICE William L. Hubbard (retired)
Senators LEVENTIS and RAVENEL introduced Dr. Gerald Harmon of Georgetown, S.C., Doctor of the Day.
S. 11 (Word version) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REASSESSMENT OF REAL PROPERTY, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS A RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS LIMITATION.
Senator PASSAILAIGUE asked unanimous consent to make a motion that the Joint Resolution not be taken up for consideration prior to Thursday, April 8, 1999, rather than April 1, 1999, as previously agreed to.
Senator HAYES objected.
On motion of Senator HOLLAND, with unanimous consent, the Privilege of the Floor was extended to Senator-elect Andre Bauer.
Senators LEATHERMAN and COURSON escorted Senator-elect Andre Bauer to the podium.
On motion of Senator HOLLAND, with unanimous consent, Senator-elect Bauer addressed the Senate with brief remarks.
S. 375 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.
Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was ordered placed on the Calendar.
The following were introduced:
S. 673 (Word version) -- Senator Glover: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REAUTHORIZE THE RYAN WHITE CARE ACT AS A SOURCE OF FUNDING FOR PREVENTION, TREATMENT, AND HIV AND AIDS-RELATED OUTREACH SERVICES.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
S. 674 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO PROVIDE FOR THE TRANSFER OF THE HOMESTEAD EXEMPTION WHEN A QUALIFIED TAXPAYER WHO HAS BEEN RECEIVING THE EXEMPTION IN THE COUNTY OF HIS LEGAL RESIDENCE CHANGES HIS LEGAL RESIDENCE TO ANOTHER RESIDENCE WITHIN THE SAME COUNTY OR ACQUIRES A DIFFERENT LEGAL RESIDENCE IN ANOTHER COUNTY DURING THE TAX YEAR AND GIVES NOTICE OF THE TRANSFER BY SEPTEMBER FIFTEENTH OF THAT TAX YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR'S OFFICE DETERMINE THAT THE REQUIREMENTS FOR THE TRANSFER OF THE EXEMPTION ARE SATISFIED.
Read the first time and referred to the Committee on Finance.
S. 675 (Word version) -- Senators Elliott and McGill: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR THE FEE IN LIEU OF TAXES, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; AND TO AMEND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS.
Read the first time and referred to the Committee on Finance.
S. 676 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 8-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT MEMBERS OF THE STATE ETHICS COMMISSION MUST BE ELECTED BY THE GENERAL ASSEMBLY RATHER THAN APPOINTED BY THE GOVERNOR.
Read the first time and referred to the Committee on Judiciary.
S. 677 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 61-4-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT IN ADDITION TO EXISTING PENALTIES A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS AND NO PART OF THE MANDATORY SUSPENSION SHALL BE SUSPENDED BY THE COURT.
Read the first time and referred to the Committee on Judiciary.
S. 678 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-140 SO AS TO PROHIBIT THE CONSTRUCTION OF A COMMERCIAL OR RESIDENTIAL BUILDING OR STRUCTURE USING SYNTHETIC STUCCO FOR AN EXTERIOR SURFACE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 679 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 680 (Word version) -- Senators Wilson, Hayes, Branton, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Courtney, Cork, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel and Grooms: A SENATE RESOLUTION TO COMMEND BRIGADIER GENERAL PHIL P. LEVENTIS, ASSISTANT ADJUTANT GENERAL FOR AIR, SOUTH CAROLINA NATIONAL GUARD, FOR MORE THAN TWENTY-NINE YEARS OF DISTINGUISHED MILITARY SERVICE IN PEACE AND IN WAR, AND TO EXTEND THE WARMEST CONGRATULATIONS OF HIS COLLEAGUES IN THE SENATE TO HIM AND HIS FAMILY ON THE OCCASION OF HIS RETIREMENT FROM MILITARY SERVICE.
Senator WILSON spoke on the Resolution.
The Senate Resolution was adopted.
S. 681 (Word version) -- Senators McConnell, Passailaigue, Washington, Ford, Ravenel, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, Leventis, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Reese, Hayes, Courtney, Cork, Elliott, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Branton and Grooms: A SENATE RESOLUTION TO CONGRATULATE AND HONOR MR. SID GAULDEN FOR HIS YEARS OF PUBLIC SERVICE AND COMMUNITY INVOLVEMENT AS A REPORTER FOR THE POST AND COURIER AND TO EXTEND TO HIM BEST WISHES FOR CONTINUED SUCCESS.
The Senate Resolution was adopted.
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: 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 explained the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
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.
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.
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.
The following Bills were read the third time and ordered sent to the House of Representatives:
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.
Senator FAIR asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
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.
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.
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.
Senator COURTNEY explained the Bill.
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 adoption of the amendment (JUD0070.002) proposed by Senator RYBERG and previously printed in the Journal of March 30, 1999.
Senator HAYES explained the Bill.
Senator RYBERG proposed the following amendment (JUD0070.002), which was adopted:
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.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
At 11:40 A.M., Senator MARTIN assumed the Chair.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 3650 (Word version) -- Reps. Clyburn and M. Hines: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators PEELER, RAVENEL, SHORT and WILSON proposed the following amendment (3188HSP001), which was adopted:
Amend the bill, as and if amended, by striking on page 3, lines 22-25.
Amend the bill further, by striking on page 4, lines 9-12.
Amend the bill further, by adding on page 4, line 30 appropriately numbered new sections as follows:
/ SECTION ___. Chapter 23, Title 57 of the 1976 Code is amended by adding:
Section 57-23-800. (A) The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements:
(1) a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.
(2) a roadside shall be mowed within thirty feet wide from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.
(3) an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.
(B) The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.
(C) The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.
(D) If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."
SECTION ___. The 1976 Code is amended by adding:
"Section 56-1-2156. Notwithstanding any other provision of law, a commercial motor vehicle driver may not be assessed points against his driving record for failing to comply with lane restrictions posted on the interstate highway system by the Department of Transportation. For purposes of this section, a driver record means a commercial driver's license issued pursuant to Article 13, Chapter 1 of Title 56 and a driver's license issued pursuant to Section 56-1-130 for which points are assessed in Section 56-1-720." /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, H. 3188 was ordered to receive a third reading on Friday, April 1, 1999.
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 HOLLAND asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was committed to the Committee on Judiciary.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator HAYES moved that the Senate dispense with the Motion Period.
Senator McCONNELL moved to table the motion to dispense with the Motion Period.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Branton Cork Courtney Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Saleeby Setzler Short Washington
Anderson Bryan Courson Fair Giese Gregory Grooms Hayes Leatherman Martin Russell Ryberg Smith, J. Verne Thomas Waldrep Wilson
The motion to dispense with the Motion Period was tabled.
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.
Senator MOORE moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Branton Cork Courtney Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Saleeby Setzler Short Washington
Bryan Courson Fair Giese Gregory Grooms Hayes Leatherman Martin Russell Ryberg Smith, J. Verne Thomas Waldrep Wilson
Senator BRYAN moved to reconsider the vote whereby the Bill was made a Special Order.
The motion to reconsider was adopted.
Senator MOORE asked unanimous consent to make a motion that H. 3002 be made a Special Order, not to be taken up for consideration prior to Tuesday, April 13, 1999.
The motion was adopted and the Bill was made a Special Order.
S. 661 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 37 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 17, "SOUTH CAROLINA TITLE LENDERS ACT", WHICH ESTABLISHES A LICENSURE AND REGULATION FRAMEWORK FOR TITLE LENDERS.
Senator SALEEBY asked unanimous consent to make a motion to take up the Bill for the purpose of giving the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator THOMAS objected.
Senator DRUMMOND moved that the Senate offices be closed on Friday, April 2, 1999.
There was no objection and the motion was adopted.
Confirmations
Having received a favorable report from the Committee on Corrections and Penology, on motion of Senator THOMAS, the following appointments were confirmed in open session:
Initial Appointment, Director, Department of Corrections, with term coterminous with Governor:
William Douglas Catoe, 465 Wise Ferry Road, Lexington, S.C. 29072 VICE Michael W. Moore
Initial Appointment, Director, Department of Juvenile Justice, with term coterminous with Governor:
Gina Eleane Wood, 511 Charbonneau, Columbia, S.C. 29210 VICE Flora Brooks Boyd
Having received a favorable report from the Marion County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Marion County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Regina G. Bristow, Post Office Box 847, Marion, S.C. 29571 VICE William L. Hubbard (retired)
At 12:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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