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 MOORE. (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, hear words of the Prophet Daniel as Antiochus brought his campaign to Jerusalem. Chapter 11:32:
"He shall seduce with flattery those who violate the covenant; but the people who know their God shall STAND FIRM AND TAKE ACTION."
Let us pray.
Dear Lord, as we solemnly bow in Your Presence, give us a sense of humility born of wisdom and struggle and a sense of optimism born of our trust in You.
Teach us anew, O Lord, what it means to be free to speak, to listen, to govern with Your help, by the people in a republic of free people.
We pray for the benighted people of Kosovo and other "hot" spots of the earth where people -- men, women and children -- have become pawns of political power brokers.
May our public service become a sort of sacrament as the dreams and ambitions of our people take form in programs that lead to the "state of our dreams".... in the Name of God.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Initial Appointment, Director of the Department of Juvenile Justice, with term coterminous with Governor:
Ms. Gina Eleane Wood, 511 Charbonneau, Columbia, S.C. 29210 VICE Flora Brooks Boyd
Referred to the Committee on Judiciary.
On motion of Senator LEVENTIS, at 11:55 A.M., Senator LEATHERMAN was granted a leave of absence for the week beginning Tuesday, February 23, 1999.
The following were introduced:
S. 527 (Word version) -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SYSTEM NO LATER THAN SCHOOL YEAR 2000-2001.
Read the first time and referred to the Committee on Education.
S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 529 (Word version) -- Senator Elliott: A BILL TO AMEND CHAPTER 21, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
Read the first time and referred to the General Committee.
H. 3186 (Word version) -- Reps. Harrell and Knotts: A BILL TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.
Read the first time and referred to the Committee on Medical Affairs.
H. 3532 (Word version) -- Reps. Fleming, Loftis, Townsend, Whatley, Clyburn, Lanford, Mason, Edge, Altman, McCraw, Scott, Stuart, Harris, Dantzler, Allison, Wilkins, Harrison, Gourdine, D. Smith, Howard, Tripp, Harrell, Webb, Bailey, Barfield, Bauer, Beck, G. Brown,
Read the first time and referred to the Committee on Finance.
H. 3567 (Word version) -- Reps. Walker, Allison, Davenport, Lanford, Lee, Littlejohn and D. Smith: A BILL TO AMEND ACT 499 OF 1998, RELATING TO THE DISTRIBUTION OF FOUNDATION MONIES BY THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, SO AS TO PROVIDE THAT THE DISTRIBUTION IS BASED ON THE PREVAILING FUNDING FORMULA UTILIZED DURING THE 1993-94 SCHOOL YEAR.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 97 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-45 SO AS TO REQUIRE THE GENERAL ASSEMBLY ANNUALLY TO APPROPRIATE A STATE SALARY SUPPLEMENT FOR CORONERS, TO PROVIDE THE AMOUNT OF THE SUPPLEMENT AND THE METHOD OF ITS PAYMENT, AND TO PROVIDE THAT REDUCTIONS IN THE CORONER'S SALARY OR OFFICE BUDGET BY A COUNTY SHALL CAUSE A CORRESPONDING REDUCTION IN THE DISTRIBUTION DUE THE COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 165 (Word version) -- Senators Courtney, Leventis, McConnell and Hayes: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE FOR THE OFFENSE OF GROSS INTOXICATION; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTY FOR DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD IS GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO IS GUILTY OF GROSS INTOXICATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF DRIVING WHILE INTOXICATED AND AT THE TIME OF THE OFFENSE HAD TWENTY ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN HIS BLOOD MAY NOT RECEIVE A PROVISIONAL DRIVER'S LICENSE.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 181 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
Ordered for consideration tomorrow.
Senator CORK from the Committee on Judiciary submitted a favorable report on:
S. 328 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 357 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
Ordered for consideration tomorrow.
S. 515 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO HONOR JANICE HUFF, A NATIVE OF THIS STATE AND A STELLAR EXAMPLE OF SOUTH CAROLINA'S EXCEPTIONAL ROLE MODELS, ON THE OCCASION OF HER SPEECH MADE TO LEADERSHIP COLUMBIA.
Returned with concurrence.
Received as information.
The PRESIDENT appointed Senators MATTHEWS, HOLLAND, HAYES and COURSON to escort the Honorable Harold L. Miller, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of the following Concurrent Resolution adopted by both Houses:
S. 196 (Word version) -- Senators Courson, Giese, Leventis, McGill, Hayes and Wilson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL 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.
The Honorable Harold L. Miller, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators MATTHEWS, HOLLAND, HAYES and COURSON and Representatives Barrett, Battle, Breeland, Leach and Knotts.
The PRESIDENT of the Senate introduced the Honorable Harold L. Miller, National Commander of the American Legion.
Commander Miller addressed the Joint Assembly.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:30 P.M., the Senate reconvened.
At 12:35 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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