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


Printed Page 371 . . . . . Tuesday, January 26, 1999

Tuesday, January 26, 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 ACTING PRESIDENT, Senator DRUMMOND. (This is a special Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home district without effect on their session attendance record.)

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

Beloved, as we are still organizing our business, hear ye the words of the Psalmist in Psalm 27 (v. 1):

"Except the Lord build the house,

They labor in vain that build it.

Except the Lord keep the city,

The watchman waketh but in vain."
Let us pray.

Our Father, our people have laid upon us great responsibility and placed considerable power in our hands. Make us worthy!

Help us to exercise our power with wisdom and with restraint.

We thank You that amid so many strange happenings in our world that lead us to pessimism and despair, our hearts can be lifted up by faith in the sure promises of our God.

We know that the last word will not be said by the people, but by You, our Almighty God, to whom be glory now and forever.
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:

Statewide Appointment

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


Printed Page 372 . . . . . Tuesday, January 26, 1999

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

Referred to the Committee on Labor, Commerce and Industry.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2309
Agency: Department of Labor, Licensing and Regulation
Board of Long Term Health Care Administrators
SUBJECT: Examination; Scheduling and Grading
Received by Lt. Governor: June 3, 1998
Referred to Medical Affairs Committee
Legislative Review Expiration May 3, 1999
January 20, 1999 House Requested Withdrawal
120 Day Period Tolled
January 26, 1999 Withdrawn and Resubmitted

Leave of Absence

On motion of Senator HUTTO, at 12:00 NOON, Senator MATTHEWS was granted a leave of absence until 4:00 P.M.

Expression of Personal Interest

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

RECALLED

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.

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

There was no objection.


Printed Page 373 . . . . . Tuesday, January 26, 1999

RECALLED AND ADOPTED

S. 378 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAYS 162 AND 165 IN HOLLYWOOD IN HONOR OF MR. HERBERT GADSON.

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

There was no objection.

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

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 394 (Word version) -- Senators Leventis, Ravenel, McConnell, Cork and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-82 SO AS TO CODIFY THE WATER QUALITY STANDARD PREVIOUSLY ESTABLISHED BY DEPARTMENT REGULATION AND THEREBY PREVENT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN CERTAIN CIRCUMSTANCES, FROM PERMITTING OR AUTHORIZING THE QUALITY OF SURFACE WATERS TO BE CUMULATIVELY LOWERED MORE THAN 0.1 MG/1 FOR DISSOLVED OXYGEN FROM POINT SOURCES OR OTHER ACTIVITIES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 395 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO CHANGE


Printed Page 374 . . . . . Tuesday, January 26, 1999

CERTAIN PROVISIONS OF THIS SECTION, INCLUDING ADDING A REQUIREMENT THAT THE DEPARTMENT OF INSURANCE ADMINISTER THE COLLECTION OF THE TAX ON UNINSURED MOTORIST COVERAGE PREMIUMS AND AUDIT THE TAX ON AN ANNUAL BASIS; AND TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO THE REQUIREMENT THAT MOTOR VEHICLE OPERATORS AND OWNERS AND LAW ENFORCEMENT OFFICERS MAKE WRITTEN REPORTS OF CERTAIN ACCIDENTS AND INVESTIGATIONS, SO AS TO LOWER THE THRESHOLD AMOUNT OF TOTAL PROPERTY DAMAGE FROM ONE THOUSAND TO FOUR HUNDRED DOLLARS.

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

S. 396 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1605 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT THE LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS A RETIRED TEACHER WHO IS CERTIFIED TO TEACH IN THIS STATE RECEIVES WHILE WORKING AS A CLASSROOM TEACHER IN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL OF THIS STATE AFTER RETIREMENT.

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

S. 397 (Word version) -- Senators Holland and J. Verne Smith: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT


Printed Page 375 . . . . . Tuesday, January 26, 1999

CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.

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

S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 399 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Hayes, Reese, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS


Printed Page 376 . . . . . Tuesday, January 26, 1999

STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.

Senator McCONNELL spoke on the Bill.

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

Objection

Senator COURTNEY asked unanimous consent to give the Bill a second reading with notice of general amendments on Wednesday, January 27, 1999.

Senator MOORE objected.

S. 400 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO PROHIBIT SALE OF PROPERTY OF A DELINQUENT TAXPAYER IF A CERTIFIED MAIL NOTICE OF DELINQUENCY IS UNDELIVERABLE TO THE CURRENT OWNER OF RECORD AT THE BEST ADDRESS AVAILABLE, TO PROVIDE FOR A TAX LIEN AGAINST THE PROPERTY ON WHICH A DELINQUENCY EXISTS, AND TO REQUIRE REIMBURSEMENT OF COSTS OF AN UNAUTHORIZED SALE TO THE CURRENT OWNER OF RECORD FOR HIS EXPENSES IN RECLAIMING THE PROPERTY.

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

S. 401 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO


Printed Page 377 . . . . . Tuesday, January 26, 1999

AS TO ALLOW A THREE THOUSAND DOLLAR DEDUCTION FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-9-190 SO AS TO ESTABLISH A PERFORMANCE-BASED POINT SYSTEM FOR VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS UNDER THE ADMINISTRATION OF THE STATE FIRE MARSHAL USED TO DETERMINE ELIGIBILITY FOR THE TAX DEDUCTION ALLOWED BY THIS ACT.

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

S. 402 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-26 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF BEAR CREEK IN LANCASTER COUNTY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.

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

S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS


Printed Page 378 . . . . . Tuesday, January 26, 1999

AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS

Printed Page 379 . . . . . Tuesday, January 26, 1999

AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A

Printed Page 380 . . . . . Tuesday, January 26, 1999

GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM, AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT.

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

S. 404 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO INCREASE FROM FIVE TO FIFTEEN THE MINIMUM HOURS A PERSON MAY BE REQUIRED TO PERFORM LITTER-GATHERING LABOR OR OTHER FORM OF PUBLIC


Printed Page 381 . . . . . Tuesday, January 26, 1999

SERVICE IF CONVICTED OF THE OFFENSE OF LITTERING.

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

S. 405 (Word version) -- Senators Bryan, Land, Jackson, Short, Rankin, Glover and Courtney: A BILL TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS OF LABOR AND EMPLOYMENT LAW, BY ADDING SECTION 41-1-110 SO AS TO ESTABLISH FOR A PERSON EMPLOYED BY AN EMPLOYER DOING BUSINESS OR EMPLOYING RESIDENTS OF THIS STATE THE RIGHT TO EXAMINE AND OBTAIN COPIES OF ALL OF THE CONTENTS OF HIS PERSONNEL RECORD AS MAINTAINED BY THAT EMPLOYER, TO PROVIDE FOR THE TIME, PLACE, AND MANNER WHICH EMPLOYERS AND EMPLOYEES MUST FOLLOW RELATING TO ACCESS TO PERSONNEL RECORDS, TO PROVIDE FOR FEES FOR DEFRAYING THE COST OF GRANTING ACCESS TO SUCH PERSONNEL FILE OR MAKING COPIES, TO PROVIDE FOR CERTAIN FINES WHICH MAY BE LEVIED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE A CIVIL REMEDY FOR VIOLATIONS, AND TO PROVIDE FOR FOR RELATED MATTERS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 406 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IS SEVENTY-FIVE MILES AN HOUR ALONG NONURBAN SEGMENTS OF HIGHWAYS AND TO PROVIDE THAT THE GENERAL ASSEMBLY MAY ALTER THE STATE'S MAXIMUM SPEED LIMITS; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO DELETE A REFERENCE TO SECTION 56-5-1510; 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.

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


Printed Page 382 . . . . . Tuesday, January 26, 1999

S. 407 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 18, 1998, MISSED BY STUDENTS OF BUENA VISTA ELEMENTARY IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Read the first time and on motion of Senator FAIR, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

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


Printed Page 383 . . . . . Tuesday, January 26, 1999

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

REPORT OF STANDING COMMITTEE

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

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

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the South Carolina Business and Industry and Political Education Committee (BIPEC) to attend a luncheon at the Adam's Mark Hotel on Tuesday, February 2, 1999, upon adjournment and lasting until 2:45 P.M.

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

AYES

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

TOTAL--10

NAYS

TOTAL--0


Printed Page 384 . . . . . Tuesday, January 26, 1999

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from South Carolina Society of Professional Engineers and Consulting Engineers of South Carolina to attend a reception at the Columbia Museum of Art on Tuesday, February 2, 1999, from 6:00 until 8:00 P.M.

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

AYES

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

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Clarion Town House Hotel and Suites to attend an oyster roast and frogmore stew at the Clarion Town House on Tuesday, February 2, 1999, from 8:00 until 10:00 P.M.


Printed Page 385 . . . . . Tuesday, January 26, 1999

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

AYES

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

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from South Carolina Association of Council on Aging Directors to attend a buffet breakfast at the Clarion Town House on Wednesday, February 3, 1999, from 8:00 until 8:45 A.M.

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

AYES

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

TOTAL--10

NAYS

TOTAL--0


Printed Page 386 . . . . . Tuesday, January 26, 1999

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from South Carolina Association of Christian Schools to attend a luncheon at the Holiday Inn City Center on Assembly Street on Wednesday, February 3, 1999, upon adjournment and lasting until 1:30 P.M.

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

AYES

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

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Carolinas AGC to attend a reception at the Koger Center for the Arts on Wednesday, February 3, 1999, from 6:00 until 8:00 P.M.


Printed Page 387 . . . . . Tuesday, January 26, 1999

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

AYES

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

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from South Carolina Association of Non-Profit Homes for the Aging to attend a coffee-biscuit drop-in located in Room 212 Blatt Bldg. on Thursday, February 4, 1999, from 8:30 until 10:30 A.M.

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

AYES

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

TOTAL--10

NAYS

TOTAL--0


Printed Page 388 . . . . . Tuesday, January 26, 1999

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Members of the Supreme Court, South Carolina Court of Appeals, Circuit Court of South Carolina, and Family Court of South Carolina to attend a barbecue at the National Guard Armory on Tuesday, February 9, 1999, from 6:00 until 8:00 P.M.

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

AYES

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

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from South Carolina Dental Association to attend a midday reception at the Capital City Club on Wednesday, February 10, 1999, upon adjournment and lasting until 2:00 P.M.

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

AYES

Courson                   Wilson                    Matthews

Printed Page 389 . . . . . Tuesday, January 26, 1999

Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from South Carolina Association of Counties to attend a reception at the Embassy Suites Hotel on Wednesday, February 10, 1999, from 6:00 until 7:30 P.M.

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

AYES

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

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0


Printed Page 390 . . . . . Tuesday, January 26, 1999

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

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 36 (Word version) -- Senators Waldrep, Elliott, Ryberg and Reese: 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.

Senator WALDREP explained the Bill.

S. 65 (Word version) -- Senators Hayes, Elliott and Setzler: 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. 109 (Word version) -- Senators Thomas, Ryberg, Hayes and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.

Senator THOMAS explained the Bill.

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


Printed Page 391 . . . . . Tuesday, January 26, 1999

S. 247 (Word version) -- Senators Leatherman, McGill and Elliott: 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.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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

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

Senator ELLIOTT proposed the following amendment (355R001.DE), which was adopted:

Amend the resolution, as and if amended, page 2, line 21, by adding a new sentence after / Resources. / to read:

/ The department shall also ensure that the boat ramp is available free of charge for public access to the Waccamaw River.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:


Printed Page 392 . . . . . Tuesday, January 26, 1999

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 explained the Bill.

AMENDED, READ THE SECOND TIME WITH
NOTICE OF GENERAL AMENDMENTS

S. 44 (Word version) -- Senators Jackson, Elliott, Wilson, Washington and Reese: 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 CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Amendment No. 1

Senator JACKSON proposed the following Amendment No. 1 (44R001.DJ), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:

/   SECTION   1.   Article 3, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-115.     Notwithstanding any other provision of law, 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,


Printed Page 393 . . . . . Tuesday, January 26, 1999

Chapter 73 of the Code of Regulations, if the criminal record search is conducted for a charitable organization or for the use of a charitable organization. The division shall develop forms on which a charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization. For purposes of this section, the phrase `charitable organization' shall mean:

(1)   an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;

(2)   a bona fide church, including an institution such as a synagogue or mosque; or

(3)   an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33."     /

Renumber sections to conform.

Amend title to conform.

Parliamentary Inquiry

Senator GIESE made a Parliamentary Inquiry as to whether or not it was proper to take up the amendment for consideration without a fiscal impact statement attached to the Bill prior to second reading.

The PRESIDENT stated that the lack of a fiscal impact statement would not stop consideration of the amendment under Rule 27E.

Senator JACKSON explained the amendment

The amendment was adopted.

Senator GIESE spoke on the Bill.

Senator GIESE moved to carry over the Bill.

Senator JACKSON spoke on the motion.

Senator GIESE, with unanimous consent, withdrew the motion to carry over.

On motion of Senator BRYAN, with unanimous consent, the   Bill was read the second time, passed and ordered to a third reading with notice of general amendments.


Printed Page 394 . . . . . Tuesday, January 26, 1999

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

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.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator FORD spoke on the Bill.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator RYBERG proposed the following amendment (JUD0060.001), which was adopted:

Amend the bill, as and if amended, page 1, line 29, in Section 53-5-10, as contained in SECTION 1, by striking line 29 in its entirety and inserting therein the following:
/ nineteenth day of January, the third Monday in February - George Washington's birthday/President's Day, the tenth /.

Amend the bill further, as and if amended, page 1, beginning on line 36, in Section 53-5-10, as contained in SECTION 1, by striking line 36 through line 2 on page 2 and inserting therein the following:
/   State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice. /.

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.


Printed Page 395 . . . . . Tuesday, January 26, 1999

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

SECOND READING BILLS

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

S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: 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.

Senator LEVENTIS explained the Bill.

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

Senator LEVENTIS explained the amendment.

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


Printed Page 396 . . . . . Tuesday, January 26, 1999

THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 341 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

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


Printed Page 397 . . . . . Tuesday, January 26, 1999

ADOPTED

S. 348 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REMEMBER AND RECOGNIZE THE TREMENDOUS CONTRIBUTION OF THE LATE JAMES F. BYRNES TO HIS STATE, THE NATION, AND THE CAUSE OF WORLD PEACE AND, WITH GREAT ADMIRATION FOR HIS LIFE, WORK, AND QUIET EXAMPLE, AND WITH DEEP APPRECIATION FOR HIS LIVING LEGACY TO THE ORPHANED SONS AND DAUGHTERS OF HIS NATIVE STATE, THE JAMES F. BYRNES FOUNDATION, AND TO DECLARE JUNE 12, 1999, AS "JAMES F. BYRNES MEMORIAL DAY" IN HONOR OF THIS TRULY GOOD MAN AND THE DISTINGUISHED BYRNES SCHOLARS WHO SHARE AND CARRY ON HIS VISION FOR FAMILY, FOR EDUCATION, FOR SOUTH CAROLINA, FOR THE NATION, AN END TO WAR, AND FOR A WORLD AT PEACE.

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

ADOPTED

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.

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

MOTION ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James Walter Merritt, Jr. of Oakley, S.C., beloved father of Robert E. "Bob" Merritt, Chief of Staff and Counsel to the Senate Finance Committee.

ADJOURNMENT

At 1:27 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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