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

Printed Page 243 . . . . . Thursday, January 21, 1999

Thursday, January 21, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the Word from the ancient Book of First Samuel, Chapter 3 (vv. 1, 10)

"Now the boy Samuel was ministering to the Lord under Eli.

And the word of the Lord was rare in those days;

There was no frequent vision...

And the Lord came and stood forth, calling as at other times,

'Samuel'... 'Samuel!' And Samuel said,

'Speak, Lord,' for Your servant hears!"
Let us pray.

Good Lord, You are the Creator and the Judge of all the earth...and the universe. Yet You have taught us to call You 'Our Father.'

We are keenly aware of our responsibility to our people who sent us here. But we stagger under the realization of our higher call: to serve each as a steward of our God.

Make us equal to the responsibilities of that call.
Give us the grace to say in this place: "SPEAK, LORD, FOR YOUR SERVANT IS LISTENING."

Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable James H. Hodges:

Printed Page 244 . . . . . Thursday, January 21, 1999

Statewide Appointment

Initial Appointment, Secretary, Department of Commerce, with term to commence upon confirmation and to continue at the pleasure of the Governor, as provided in S.C. Code Ann. Section 13-1-30:

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

Referred to the Committee on Labor, Commerce and Industry.

Doctor of the Day

Senator MARTIN introduced Dr. Boyce Tollison of Easley, S.C., Doctor of the Day.

Expression of Personal Interest

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

RECALLED AND ADOPTED

S. 307 (Word version) -- Senator Lander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 34 BYPASS IN NEWBERRY COUNTY FROM U. S. HIGHWAY 76 (WILSON ROAD) TO SOUTH CAROLINA HIGHWAY 121 (KENDALL ROAD) AS "BOB LAKE BOULEVARD" IN HONOR OF THE HONORABLE ROBERT C. LAKE, JR., WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS A STATE SENATOR IN THE SOUTH CAROLINA SENATE FOR SIXTEEN YEARS AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS VICE CHAIR AND AS A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND AS A TRUSTEE OF WINTHROP UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Printed Page 245 . . . . . Thursday, January 21, 1999

Senator LAND asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

Senator LAND asked unanimous consent to adopt the Resolution.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

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.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

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 RANKIN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 382 (Word version) -- Senators Bryan, Leatherman and Giese: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE

Printed Page 246 . . . . . Thursday, January 21, 1999
SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS, TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.

Read the first time and referred to the Committee on Banking and Insurance.

S. 383 (Word version) -- Senators Peeler, Holland, Leatherman, Anderson, Wilson, Grooms, Russell, Giese, Mescher, Ravenel and Branton: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 95 SO AS TO ADOPT THE NORTH CAROLINA PROVISIONS OF LAW REGARDING MOTOR VEHICLE SAFETY, FINANCIAL RESPONSIBILITY, AND INSURANCE AS THE LAW OF THIS STATE AND CONFORM THE NORTH CAROLINA PROVISIONS TO SOUTH CAROLINA'S INSURANCE CODE; TO REPEAL CHAPTER 77 OF TITLE 38, RELATING TO AUTOMOBILE INSURANCE; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF INSURANCE SHALL BE THE COMMISSIONER OF INSURANCE ELECTED TO OFFICE UNDER THE LAWS OF THIS STATE; TO AMEND SECTION 38-1-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE INSURANCE LAWS OF THIS STATE, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "DIRECTOR" OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-3-10, AS AMENDED, RELATING TO THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE DEPARTMENT'S DIRECTOR, PROVIDE THAT THE COMMISSIONER OF INSURANCE MUST BE ELECTED RATHER THAN APPOINTED, AND MAKE CHANGES IN THE PROVISIONS CONCERNING THE REMOVAL OF THE COMMISSIONER OF INSURANCE; TO AMEND SECTION 38-3-100, AS AMENDED, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO, AMONG OTHER CHANGES, DELETE THE REQUIREMENT THAT, IF THE

Printed Page 247 . . . . . Thursday, January 21, 1999
DIRECTOR BECOMES A CANDIDATE FOR PUBLIC OFFICE OR BECOMES A MEMBER OF A POLITICAL COMMITTEE DURING TENURE, HIS OFFICE MUST BE IMMEDIATELY VACATED AND CHANGE THE TITLE OF THE OFFICE TO "COMMISSIONER OF INSURANCE"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-102 SO AS TO PROVIDE THAT THE COMMISSIONER OF INSURANCE MUST BE ELECTED TO OFFICE BY THE QUALIFIED ELECTORS OF THE STATE IN THE GENERAL ELECTION AND PROVIDE FOR THE COMMISSIONER'S TERM OF OFFICE, QUALIFICATIONS, VACANCIES, AND RELATED MATTERS; AND TO PROVIDE THAT THE ELECTION OF THE COMMISSIONER OF INSURANCE BEGINS WITH THE AN ELECTION IN THE YEAR 2000 FOR AN INITIAL TWO-YEAR TERM OF OFFICE TO BE FOLLOWED BY THE 2002 STATEWIDE ELECTION PROCESS FOR A FULL FOUR-YEAR TERM, AND THAT THE DIRECTOR SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE UNTIL HIS SUCCESSOR IS ELECTED AND QUALIFIES FOR OFFICE.

Senators PEELER, SALEEBY and MARTIN spoke on the Bill.

Read the first time and referred to the Committee on Banking and Insurance.

S. 384 (Word version) -- Senators Anderson, Washington, Matthews, Patterson, Glover, Ford and Reese: A BILL TO AMEND SECTION 24-3-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL CONSIDER PROXIMITY TO THE HOME OF THE CONVICTED PERSON IN DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN CIRCUMSTANCES.

Read the first time and referred to the Committee on Corrections and Penology.

S. 385 (Word version) -- Senators Leatherman and Giese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF

Printed Page 248 . . . . . Thursday, January 21, 1999
PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE AMOUNT OF THE TAX SALE BID ACCRUES AT THE RATE OF ONE PERCENT A MONTH OR PORTION OF A MONTH RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED.

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

S. 386 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 9-1-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE REQUIREMENTS AND ALLOW PERSONS WHO HAVE ATTAINED AGE FIFTY AND HAVE AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE TO RETIRE WITHOUT PENALTY; TO AMEND SECTION 9-1-1020, AS AMENDED, RELATING TO EMPLOYEE CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO RAISE THE CONTRIBUTION BY ONE AND THIRTY-EIGHT ONE HUNDREDTHS PERCENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-760 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE EMPLOYEE-PAID PREMIUMS UNDER THE STATE HEALTH INSURANCE AND DENTAL PLANS IN AN AMOUNT SUFFICIENT TO OFFSET THE ADDITIONAL INSURANCE COSTS RESULTING FROM EARLY RETIREMENTS.

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

S. 387 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 15-36-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO PROVIDE THAT A PERSON IS LIABLE UNDER THIS SECTION WHENEVER A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR A DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IS GRANTED IN FAVOR OF A PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS; TO AMEND SECTION 15-36-20, RELATING TO FACTORS SUPPORTING A FINDING

Printed Page 249 . . . . . Thursday, January 21, 1999
THAT AN ACTION WAS PURSUED FOR A PROPER PURPOSE, TO PROVIDE A PURPOSE SHALL NOT BE FOUND IF A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR A DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IS GRANTED IN FAVOR OF THE PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS; AND TO AMEND SECTION 15-36-40, RELATING TO THE BURDEN OF PROVING THAT AN ACTION IS FRIVOLOUS, TO PROVIDE THAT THE GRANTING OF A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IN FAVOR OF THE PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS SHALL SATISFY THE BURDEN PROVIDED FOR IN THIS SECTION.

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

S. 388 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.

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

S. 389 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 41, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM ATTACHMENT LEVY AND SALE, BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FROM ATTACHMENT FOR A

Printed Page 250 . . . . . Thursday, January 21, 1999
DISABILITY BENEFIT PROVIDED IN SECTION 15-41-30 SHALL NOT APPLY WITH RESPECT TO A LEVY OR EXECUTION OF A JUDGMENT FOR RESTITUTION OR A CIVIL JUDGMENT CONVERTED FROM A RESTITUTION ORDER.

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

S. 390 (Word version) -- Senators McConnell and Ravenel: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY, SO AS TO EXTEND THE STATE GRAND JURY'S JURISDICTION TO INCLUDE CRIMES INVOLVING ENVIRONMENTAL LAWS, STATE INCOME TAX LAWS, AND INSURANCE FRAUD.

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

S. 391 (Word version) -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-190 SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY LEAVE AN ESTABLISHMENT WITHOUT MAKING PAYMENT FOR GASOLINE THAT IS DISPENSED INTO A MOTOR VEHICLE AND TO PROVIDE PENALTIES.

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

S. 392 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO PROHIBIT THE CHARGING OF UNCONSCIONABLE PRICES WITH RESPECT TO THE RENTAL OR SALE OF ESSENTIAL COMMODITIES DURING A DECLARED STATE OF EMERGENCY, AND TO PROVIDE FOR CRIMINAL PENALTIES; AND TO AMEND CHAPTER 75, TITLE 38, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE, BY ADDING ARTICLE 13 SO AS TO PROVIDE GUIDELINES APPLICABLE TO PERSONAL LINES INSURANCE FOR USE IN EVALUATING REASONABLE CHARGES FOR REPAIR AND REPLACEMENT COSTS ARISING FROM DAMAGE ASSOCIATED WITH HURRICANES AND OTHER NATURAL DISASTERS.

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

Printed Page 251 . . . . . Thursday, January 21, 1999

S. 393 (Word version) -- Senators Ravenel and Wilson: 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.

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

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.

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

H. 3298 (Word version) -- Reps. Beck, Clyburn, R. Smith and Mason: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.

On motion of Senator MOORE, the Bill was read the first time and referred to the Aiken County Delegation.

H. 3307 (Word version) -- Reps. Woodrum, Harvin, G. Brown, M. McLeod, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave,

Printed Page 252 . . . . . Thursday, January 21, 1999
Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY TO WILLIAM JEFFREY "JEFF" YOUNG, OF SUMTER, SOUTH CAROLINA, FOR HIS YEARS OF SERVICE IN THE GENERAL ASSEMBLY AS THE ELECTED REPRESENTATIVE OF DISTRICT 67, AND TO RECOGNIZE HIS HARD WORK AS A REPRESENTATIVE AND AS A MEMBER AND SUBCOMMITTEE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND TO ACKNOWLEDGE HIS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND TO SUMTER AND CLARENDON COUNTIES.

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

H. 3318 (Word version) -- Reps. Cobb-Hunter and Stuart: A CONCURRENT RESOLUTION APPLAUDING THE OUTSTANDING LEADERSHIP OF RANDOLPH D. SMOAK, JR., M.D., OF ORANGEBURG COUNTY IN HIS ROLE AS CHAIRMAN OF THE AMERICAN MEDICAL ASSOCIATION BOARD OF TRUSTEES AND RECOGNIZING HIS MANY YEARS OF SERVICE TO THE MEDICAL PROFESSION AND TO THE CITIZENS OF THIS NATION AND THIS STATE.

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

H. 3319 (Word version) -- Reps. Inabinett, Moody-Lawrence, Campsen, Neal, Mack and Whipper: A CONCURRENT RESOLUTION DESIGNATING

Printed Page 253 . . . . . Thursday, January 21, 1999
THE FIRST THURSDAY IN MAY (MAY 6, 1999) AS "LEGISLATIVE FAMILY DAY 1999" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.

Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and

Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and

Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, designate the first Thursday in May (May 6, 1999) as "Legislative Family Day 1999" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.

Be it further resolved that each member of the General Assembly shows his or her appreciation in a special way to their family members and friends on "Legislative Family Day 1999".

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

REPORTS OF STANDING COMMITTEES

Senator LAND from the Committee on Transportation submitted a favorable report on:

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S. 132 (Word version) -- Senators Passailaigue, Elliott and McConnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW DANIEL ISLAND INTERCHANGE OFF THE MARK CLARK EXPRESSWAY IN HONOR OF MASTER BLACKSMITH PHILIP SIMMONS.

Senator PASSAILAIGUE spoke on the Concurrent Resolution.

S. 132 -- Adopted

Senator PASSAILAIGUE asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

On motion of Senator PASSAILAIGUE, the Concurrent Resolution was adopted, ordered sent to the House.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 21 (Word version) -- Senators Leventis, Branton and McConnell: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS

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AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

S. 38 (Word version) -- Senators McConnell, Passailaigue, O'Dell, Elliott, Leventis, Wilson and Branton: A JOINT RESOLUTION TO NAME THE BRIDGE TO BE BUILT REPLACING THE JOHN P. GRACE BRIDGE AND THE SILAS N. PEARMAN BRIDGE IN CHARLESTON COUNTY THE "ARTHUR RAVENEL, JR. BRIDGE" AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SUCH SIGNS AS APPROPRIATE TO DESIGNATE AND NAME THE NEW BRIDGE OVER THE COOPER RIVER AS THE "ARTHUR RAVENEL, JR. BRIDGE".

S. 38--Read the Second Time

On motion of Senator McCONNELL, the Joint Resolution was taken up for immediate consideration.

Senators McCONNELL and BRANTON spoke on the Joint Resolution.

Senator McCONNELL asked unanimous consent to give the Joint Resolution a second reading.

There was no objection.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Courtney                  Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Grooms
Hayes                     Holland                   Hutto
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Jackson                   Land                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Rankin
Ravenel                   Reese                     Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington                Wilson

Total--45

NAYS

Total--0

The Joint Resolution was read the second time.

S. 38--Ordered to a Third Reading

On motion of Senator McCONNELL, with unanimous consent, S. 38 was ordered to receive a third reading on Friday, January 22, 1999.

Senator COURSON from the Committee on Invitations has polled out S. 348 favorable:

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.

Printed Page 257 . . . . . Thursday, January 21, 1999

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

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--10

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 342 (Word version) -- Senators Giese, Patterson, Courson and Jackson: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 10, 1999, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 10, 1999, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Returned with concurrence.

Received as information.

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

SECOND READING BILLS

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

S. 355 (Word version) -- Senator Elliott: A JOINT RESOLUTION TO NAME THE RECENTLY COMPLETED BOAT LANDING ON THE WACCAMAW RIVER AT HIGHWAY 9 THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9" AND TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES SHALL ERECT SUCH SIGNS AS APPROPRIATE FROM LOCALLY GENERATED FUNDING TO DESIGNATE AND NAME THE NEW LANDING AS THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9".

S. 36 (Word version) -- Senators Waldrep, Elliott and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.

S. 65 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.

S. 129 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO

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RENAME JOHNS ISLAND 5A VOTING PRECINCT TO KIAWAH ISLAND VOTING PRECINCT.

S. 247 (Word version) -- Senators Leatherman and McGill: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 109 (Word version) -- Senators Thomas, Ryberg and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.

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

The Committee on Judiciary proposed the following amendment (JUD0109.001.DOC) which was adopted:

Amend the bill, as and if amended, page 1, line 22, in Section 16-9-17, as contained in SECTION 1, by striking / Section 16-9-17 / and inserting therein / Section 15-9-17 /.

Renumber sections to conform.

Amend title to conform.

Senator THOMAS 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.

ADOPTED

S. 196 (Word version) -- Senators Courson, Giese, Leventis, McGill and Hayes: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL

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COMMANDER OF THE AMERICAN LEGION, THE HONORABLE HAROLD L. MILLER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 24, 1999.

Senators DRUMMOND and COURSON spoke on the Concurrent Resolution.

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

ADOPTED

S. 197 (Word version) -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO DECLARE JANUARY 16, 1999, AS THE CHILDREN'S CENTER FOR CANCER AND BLOOD DISORDERS AT PALMETTO RICHLAND MEMORIAL HOSPITAL DAY IN SOUTH CAROLINA.

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

CARRIED OVER

S. 338 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

On motion of Senator MESCHER, the Bill was carried over.

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,

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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.

H. 3264 (Word version) -- Reps. Young-Brickell, Chellis, Harrell, Bailey and Cobb-Hunter: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE SUMMERVILLE SCHOOL DISTRICT OR DORCHESTER COUNTY SCHOOL DISTRICT 2 IN DORCHESTER COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Senator FAIR, the Joint Resolution was carried over.

S. 44 (Word version) -- Senators Jackson, Elliott and Wilson: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A

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CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.

On motion of Senator GIESE, the Bill was carried over.

S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.

Senator MOORE explained the Bill.

On motion of Senator RYBERG, the Bill was carried over.

S. 127 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.

Senator PASSAILAIGUE spoke on the Bill.

On motion of Senator J. VERNE SMITH, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

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

DEBATE INTERRUPTED

S. 1 (Word version) -- Senators Passailaigue, McConnell, Ford, O'Dell, Elliott and Branton: 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 adoption of the amendment proposed by the Committee on Finance.

Senator PASSAILAIGUE was recognized.

Point of Order

Senator THOMAS raised a Point of Order that under the provisions of Rule 39, the Joint Resolution was not subject to consideration and the Senator from Charleston was out of order in speaking on the Resolution.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE spoke on the Resolution.

Senator PASSAILAIGUE moved, subject to a prior motion by Senator DRUMMOND, to go into Executive Session and debate was interrupted on the Resolution.

EXECUTIVE SESSION

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 name was reported to the Senate in open session:

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STATEWIDE APPOINTMENT
Confirmation

Having received a favorable report from the Committee on Transportation, the following appointment was taken up for consideration and confirmed in open session:

Initial Appointment, Department of Transportation, with term to commence immediately upon confirmation and to continue for a four-year term at the pleasure of the Governor as provided in S.C. Code Ann. Section 57-1-330:

Director:

Mr. Lonnie Morgan Martin, 1475 Four Mile Road, Conway, S.C. 29526 VICE H.B. Limehouse

MOTION ADOPTED

On motion of Senator RAVENEL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Martin Luther King, Jr. and General Robert E. Lee.

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns on Friday, January 22, 1999, it stand adjourned to meet next Tuesday, January 26, 1999, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:16 P.M., on motion of Senator McCONNELL, 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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