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 words recorded by Luke, the physician, Chapter 10 (vv. 38, 39):
"Now as they went on their way, He entered a certain village, where a woman named Martha welcomed Him into her house. She had a sister named Mary, who sat at the Lord's feet and listened to what He was saying."
Let us pray.
Lord God of us all, after all the good things said about Mary, who expressed her love for Jesus by washing His feet with her hair, and anointing Him with valuable oil as she adored Him, do not let us forget Martha who rattled the pots and pans while Mary listened to the Lord.
We remember that it was Martha, the practical homebody, that first opened the door and said, "Come in, Lord, come in!" She wanted the rooms of her little house blessed by His sacred Presence.
Come, Lord, into this, the House of Caesar, and remind us that this, too, indeed, is a House of God, the Sovereign Lord... and it, too, is a House of Prayer... and work.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1994, and to expire June 30, 2000:
At-Large:
Holly Saleeby Atkins, 2 New Grant Court, Columbia, S.C. 29209 VICE Thomas M. Marchant, III
Referred to the Committee on Judiciary.
Initial Appointment, Chairman, South Carolina Workers' Compensation Commission, with term to commence April 27, 1999, and to expire April 27, 2001:
At-Large:
Holly Saleeby Atkins, 2 New Grant Court, Columbia, S.C. 29209 VICE W. Lee Catoe
Referred to the Committee on Judiciary.
Initial Appointment, Director, Department of Corrections, with term coterminous with the Governor:
At-Large:
William Douglas Catoe, 465 Wise Ferry Road, Lexington, S.C. 29072 VICE Michael W. Moore
Referred to the Committee on Corrections.
Senator GIESE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.
On motion of Senator ALEXANDER, at 11:00 A.M., Senator RUSSELL was granted a leave of absence for today.
On motion of Senator PEELER, at 11:00 A.M., Senator LEATHERMAN was granted a leave of absence for today.
H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR
Senator REESE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
On motion of Senator REESE, the Joint Resolution was ordered placed on the local and uncontested Calendar.
The following were introduced:
S. 508 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 59-149-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, AND SECTION 12-6-3385, RELATING TO TUITION TAX CREDITS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PUBLIC OR INDEPENDENT INSTITUTION" AN INSTITUTION WHICH DISCRIMINATES ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN, AND TO DELETE PROVISIONS INCLUDING WITHIN THE DEFINITION OF "PUBLIC OR INDEPENDENT INSTITUTION" A PUBLIC OR INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.
Senator JACKSON spoke on the Bill.
Read the first time and referred to the Committee on Education.
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
Read the first time and referred to the Committee on Finance.
S. 510 (Word version) -- Senator Patterson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE THE REQUIREMENT THAT THE SURVIVING SPOUSE OF A VETERAN ONE HUNDRED PERCENT PERMANENTLY AND TOTALLY DISABLED FOR A SERVICE-CONNECTED DISABILITY OR THE SURVIVING SPOUSE OF A PARAPLEGIC OR HEMIPLEGIC MUST RECEIVE BY DEVISE THE INTEREST IN THE DWELLING OF THE DECEASED SPOUSE IN ORDER TO MAINTAIN THE EXEMPTION AND TO MAKE THIS CHANGE EFFECTIVE FOR PROPERTY TAX YEARS BEGINNING AFTER 1997.
Read the first time and referred to the Committee on Finance.
S. 511 (Word version) -- Senators Moore and Giese: A BILL TO AMEND SECTION 40-57-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE; AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 512 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO OBTAIN
Read the first time and referred to the Committee on Transportation.
S. 513 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 5-3-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD OF ANNEXATION BY A MUNICIPALITY, SO AS TO SUBSTITUTE ELECTORS INSTEAD OF FREEHOLDERS IN THE PETITION PROCEDURE; AND TO REPEAL SECTIONS 5-3-20, 5-3-50, 5-3-60, 5-3-70, 5-3-80, 5-3-160, 5-3-170, 5-3-180, 5-3-190, 5-3-200, AND 5-3-230 RELATING TO THE FIFTY PERCENT AND TWENTY-FIVE PERCENT FREEHOLDER INITIATED METHODS OF ANNEXATION WHICH HAVE BEEN DECLARED UNCONSTITUTIONAL BY STATE AND FEDERAL COURTS.
Read the first time and referred to the Committee on Judiciary.
S. 514 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND ITS COACH, JOSEPH CABRI, ON WINNING THE 1998 NCAA DIVISION II NATIONAL MEN'S TENNIS CHAMPIONSHIP, LANDER'S EIGHTH CONSECUTIVE NATIONAL TITLE AND TENTH OVERALL.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3096 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45 SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SALARY SUPPLEMENT OR OTHER CONSIDERATION ABOVE A SPECIFIED LIMIT FROM NONGOVERNMENTAL SOURCES EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE PENALITIES FOR VIOLATION.
Read the first time and referred to the Committee on Education.
H. 3489 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Sheheen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 421 CROSSING THE RAILROAD TRACKS IN THE TOWN OF BATH THE "WILLIAM HENRY 'BILLY' JONES BRIDGE" AND TO ERECT APPROPRIATE MARKERS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3538 (Word version) -- Rep. H. Brown: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE HARRY W. MILEY, JR., PH.D., FOR HIS DISTINGUISHED SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA BOARD OF ECONOMIC ADVISORS.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 497 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION RECOGNIZING CLARENCE L. "ROCKY" BYARS OF GAFFNEY UPON HIS RETIREMENT AS VETERANS AFFAIRS OFFICER FOR CHEROKEE COUNTY, AND EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA FOR HIS TWENTY-TWO YEARS OF SERVICE TO THE CITIZENS OF THIS STATE IN THE AREA OF VETERANS AFFAIRS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 498 (Word version) -- Senators McGill and Ravenel: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND
(By prior motion of Senator McGILL)
S. 317 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE FOR THE PAYMENT OF ACCRUED PROPERTY TAXES ON REAL PROPERTY TRANSFERRED TO A CHURCH IF THAT PROPERTY IS EXEMPT WHEN OWNED BY THE CHURCH, TO PROVIDE FOR THE PROPERTY'S EXEMPTION IMMEDIATELY UPON TRANSFER TO THE CHURCH, TO PROVIDE FOR THE CESSATION OF TRANSFEROR LIABILITY FOR THE TAX WHEN THE TRANSFER OCCURS, TO PROVIDE THE METHOD OF DETERMINING MILLAGE AND THE DUE DATE FOR THE ACCRUED TAXES, AND TO PROVIDE A LIEN FOR THE COLLECTION OF THE ACCRUED TAX.
(On motion of Senator MOORE, with unanimous consent)
S. 460 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 496 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENT-ORIENTED EDUCATION PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 41 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR BEER AND WINE SALES, BY ADDING SECTION 61-4-630, SO AS TO ALLOW DELIVERY OF BEER OR WINE IN A SEALED CONTAINER BY RETAIL PERMIT HOLDERS IN CERTAIN CIRCUMSTANCES.
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 (JUD0041.001.DOC) which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Article 5, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-630. (A) A holder of a retail permit which allows sales of beer or wine for off-premises consumption may deliver beer or wine in a sealed container to a consumer who is at least twenty-one years of age at a location other than the licensed premises, except as prohibited by Section 61-4-120.
(B) The person receiving the delivery must be at least twenty-one years of age and must sign a receipt for the delivery. The delivery receipt must include (1) the date of birth of (a) the person receiving the delivery and (b) the consumer, and (2) the document numbers for the form of identification provided. The permit holder must retain a copy of the signed delivery receipt for at least one hundred eighty days.
(C) A person making a delivery for a holder of a retail permit pursuant to this section must be at least twenty-one years of age."
SECTION 2. This act takes effect upon approval by the Governor. / Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
S. 324 (Word version) -- Senator Russell: A BILL TO AMEND SECTION 33-31-302, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF A NONPROFIT CORPORATION UNDER THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994, SO AS TO CLARIFY THAT A NONPROFIT CORPORATION MAY SERVE AS A TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST AND TO PROVIDE THAT A NONPROFIT CORPORATE TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST IS NOT CONDUCTING A TRUST BUSINESS WITH REGARD TO THAT TRUST.
S. 373 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25, SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH.
Senator COURTNEY explained the Bill.
On motion of Senator HOLLAND, with unanimous consent, S. 373 was ordered to receive a third reading on Friday, February 19, 1999.
S. 476 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210, SO AS TO PROHIBIT THE REMOVAL OR RENAMING OF CERTAIN MONUMENTS AND MEMORIALS
S. 102 (Word version) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese, Wilson, Reese and Setzler: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.
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 amendments to S. 102 (JUD0102.002.DOC) which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 6, in Section 44-54-30(1), as contained in SECTION 1, by striking line 6 in its entirety and inserting therein the following:
/ (1) 'Illegal controlled substance' means a controlled /.
Amend the bill further, as and if amended, page 2, beginning on line 10, in Section 44-54-30(2), as contained in SECTION 1, by striking lines 10 through 14 in their entirety.
Amend the bill further, as and if amended, page 3, beginning on line 13, in Section 44-54-30(12), as contained in SECTION 1, by striking line 13 in its entirety and inserting therein the following:
/ individual user of an illegal controlled substance, each county in /
Amend the bill further, as and if amended, page 3, on line 18, in Section 44-54-30(13), as contained in SECTION 1, by striking line 18 in its entirety and inserting therein the following:
/ in an action brought under this chapter, each county in which the /
Amend the bill further, as and if amended, page 3, line 22, in Section 44-54-30, as contained SECTION 1, by adding appropriately numbered items to read:
( ) 'Prior convictions' means felonies and misdemeanors, prior cnvictions not classified at the time of conviction, federal or out-of-state convictions, circuit, magistrate, and municipal court convictions, and juvenile adjudications if the offenses would be felonies if committed by an adult. /
Amend the bill further, as and if amended, page 4, beginning on line 4, in Section 44-54-40(B)(2)(a), as contained in SECTION 1, by striking lines 4 through 11 in their entirety and inserting therein the following:
/ within the municipality, county, or unincorporated area of the county in which the defendant's place of participation is situated.
(b) The defendant's participation in the marketing of illegal controlled substances was connected with the same type of illegal controlled substance used by the individual user, and the defendant has been convicted of an offense for that type of specified illegal controlled substance, which he committed in the same county as the individual user's place of use. /
Amend the bill further, as and if amended, page 7, beginning on line 17, in Section 44-54-110(A), as contained in SECTION 1, by striking lines 17 through 19 in their entirety and inserting therein the following:
/ intent to distribute or distributed an illegal controlled substance did so under the authority of law as a licensed physician or practitioner, as an ultimate user of the illegal controlled substance pursuant to a lawful /
Amend the bill further, as and if amended, page 7, on line 39, in Section 44-54-130(A), as contained in SECTION 1, by striking line 39 in its entirety and inserting therein the following:
/ defendant furnishes the illegal controlled substance or a cause of action /
Amend the bill further, as and if amended, page 8, on line 5, in Section 44-54-130(B), as contained in SECTION 1, by striking line 5 in its entirety and inserting therein the following:
/ criminal offense involving an illegal controlled /
Amend the bill further, as and if amended, page 8, on line 10, in Section 44-54-140, as contained in SECTION 1, by striking line 10 in its entirety and inserting therein the following:
/ controlled substance, an action brought under this /
Renumber items to conform
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 195 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 25, TITLE 21 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS, SO AS TO REPEAL SECTIONS 21-25-25, 21-25-35, 21-25-45, AND 21-25-55.
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 (JUD0195.001.DOC) which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 9, by striking the bill in its entirety and inserting therein the following:
/ A BILL TO AMEND CHAPTER 21, TITLE 21 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS, SO AS TO REPEAL SECTIONS 21-21-25, 21-21-35, 21-21-45, AND 21-21-55.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 21-21-25, 21-21-35, 21-21-45, and 21-21-55 of the 1976 Code are repealed.
SECTION 2. This act takes effect upon approval by the Governor. /
Senator COURTNEY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator HOLLAND, with unanimous consent, S. 195 was ordered to receive a third reading on Friday, February 19, 1999.
S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.
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 (372R001.FC) which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 20-7-2725(A)(4) of the 1976 Code, as added by Act 444 of 1996, is amended to read:
"(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:
(a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;
(b) the person has not been convicted of and had no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and
(c) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.
A person who has been convicted of a fourth offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee
If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;"
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the committee amendment.
The admendment 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 HOLLAND, with unanimous consent, S. 372 was ordered to receive a third reading on Friday, February 19, 1999.
H. 3426 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3453 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION DECLARING NOVEMBER 7-13, 1999 AS "SOUTH CAROLINA ALZHEIMER'S DISEASE AWARENESS WEEK" FOR 1999.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3490 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, 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, M. McLeod, 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, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION SALUTING THE NATIONAL BETA CLUB, WHICH WAS FOUNDED IN LANDRUM IN SPARTANBURG COUNTY, ON ITS SIXTY-FIFTH ANNIVERSARY AND DECLARING THE WEEK OF MARCH 1-7, 1999, AS NATIONAL BETA CLUB WEEK.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator DRUMMOND moved, under the provisions of Rule 1B that, when the Senate adjourns today, it stand adjourned to meet February 23rd, 24th, and 25th at the times and subject to the limitations set forth in Rule 1B, provided that on Wednesday, February 24th, the Senate shall recede at 11:55 A.M. for the purpose of attending the Joint Assembly at 12:00 Noon, and upon completion thereof, stand adjourned pursuant to this motion.
There was no objection and the motion was adopted.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 150 (Word version) -- Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese: A BILL TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (150C001.CBH) proposed by Senators HUTTO and RAVENEL and previously printed in the Journal of February 16, 1999.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 2 (S150TRUCKWTAMEND.JJJ), which was adopted:
Amend the bill as and if amended by adding appropriately numbered SECTIONS to read:
SECTION __. Section 56-3-620 of the 1976 Code of Laws, as amended, is further amended to read:
"(A) For persons sixty-five years of age or older or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty dollars.
(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty-four dollars.
(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five six thousand pounds or less is thirty dollars.
(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger motor vehicle, excluding trucks, is twenty-two dollars.
(E) Applicable truck fees, established by Section 56-3-660, are not negated by this section."
SECTION __. Section 56-3-630 of the 1976 Code is amended to read:
"Section 56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle or motor-driven cycle, which is designed, used, and maintained for the
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
At 11:47 A.M., Senator MARTIN assumed the Chair.
Senator ANDERSON argued contra to the third reading of the Bill.
Senator SHORT proposed the following Amendment No. 3 (150R005.LHS), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION at the end to read:
/ SECTION ___. The first paragraph of Section 56-3-1910 of the 1976 Code is amended to read:
"Upon payment of the regular motor vehicle license fee, the department may issue a license tag with a special number or identification indicating that the tag was issued to a person (a) disabled by an impairment in the use of one or more limbs and required to use a wheelchair or (b) disabled by an impairment in mobility, but otherwise qualified for a driver's license as determined by the department. The department must also issue a special motorcycle license tag to an individual who meets the requirements of this section. Each application for the license must be accompanied by the certificate of a licensed physician as defined in Section 40-47-5 as to the permanency of limb impairment or as to the severity or the permanency of mobility impairment." /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
The question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Bryan Cork Courson Courtney Drummond Elliott Fair Giese * Gregory Grooms Hayes Holland Hutto Jackson Leatherman * Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Ravenel Reese Russell * Ryberg * Setzler Short Smith, J. Verne Thomas Waldrep Wilson
Anderson Matthews
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William M. Halsey of Charleston, S.C., prolific artist of abstract paintings, teacher and Director of the College of Charleston's William Halsey Gallery.
Pursuant to the motion made by Senator DRUMMOND, when the Senate adjourns on Friday, February 19, 1999, it stand adjourned to meet next Tuesday, February 23, 1999, at 11:00 A.M., which motion was adopted.
At 11:55 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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