Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, as we give concern to our obligations toward the issues of our common life in coming days, hear some words from St. Matthew (18:2) in The Living Bible, paraphrased:
"Jesus called a small child over to him and set the little fellow down among them and said, 'Unless you turn to God from your sins and become as little children, you will never get into the Kingdom of Heaven.'"
Let us pray.
Our Father, when our pride swells us up, help us to remember Jesus and the child.
We thank You for what we can learn from little children: that as we see them happy and sad, good and bad, we may catch a glimpse of how God sees us.
Sometimes, Father, like children, we want our own way even when we know that Your way is better! Be patient with us!
Sometimes, Father, as mature men and women in the family of God, troubles come... and strife... and darkness at mid-day, help us to look up, and hear the words, "Be not afraid, my child."
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, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
Delores Franklin Williams, Route 1, Box 283, Nesmith, S.C. 29580 VICE Charles D. Morris
Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
William Clayton Driggers, P. O. Box 163, Salters, S.C. 29590 VICE Lawrence W. McElveen
Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
Norris Wallace, Jr., 718 Saint Mark Street, Kingstree, S.C. 29556 VICE Jerry M. Mishoe
Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Mark E. English, 116 Duncan Street, Whitmire, S.C. 29378 VICE Luke B. Hart - mandatory retirement
Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Robert F. Williams, P. O. Box 264, Great Falls, S.C. 29055 VICE Thomas A. Jackson
Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Edward Gendron "Gen" Palmer, VI, 1688 Longtown Road, Ridgeway, S.C. 29065 VICE John J. Hood
Initial Appointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Patricia D. Miller, 354 Pleasant Hill Road, Dillon, S.C. 29536
Initial Appointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Linda S. Edwards, 814 Mark Road, Dillon, S.C. 29536
Initial Appointment, Clarendon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Carl M. Evans, Route 1, Box 104, New Zion, S.C. 29111 VICE Emilee I. Hemingway
Initial Appointment, Chester County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Tommy Lee Davis, P. O. Box 1016, Chester, S.C. 29706
Initial Appointment, Cherokee County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Mary G. Moore, 105 Hampton Drive, Gaffney, S.C. 29341 VICE Barry G. Medley - resigned
Initial Appointment, Calhoun County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Vivian P. Bodrick, Route 1, Box 269, Cameron, S.C. 29030 VICE Mildred Douglas
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.466, H. 4775 by a vote of 62 to 47:
H. 4775 - The General Appropriation Bill
Veto #1 - Page 122, Department of Mental Health, Other Operating Expenses - Total Funds $5,312,334.
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.466, H. 4775 by a vote of 0 to 105:
H. 4775 - The General Appropriation Bill
Veto #2 - Page 399, Part 1B Provisos, Department of Alcohol and
Other Drug Abuse Services, Proviso 12.4 (Medicaid Funding of Alcohol and Drug Services).
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has Adjourned Debate until Tuesday, January 16, 2001, on Veto #3 by the Governor on R.466, H. 4775:
H. 4775 - The General Appropriation Bill
Veto #3 - Page 411, Department of Commerce, Proviso 27.20 (Renaissance Downtown Renewal Project).
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.466, H. 4775 by a vote of 62 to 49:
H. 4775 - The General Appropriation Bill
Veto #4 - Page 412, Department of Commerce, Proviso 27.21 (City of North Myrtle Beach).
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.466, H. 4775 by a vote of 0 to 102:
H. 4775 - The General Appropriation Bill
Veto #5 - Page 424, Public Service Commission, Proviso 42.8 (Closed Captioning).
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.466, H. 4775 by a vote of 16 to 94:
H. 4775 - The General Appropriation Bill
Veto #6 - Page 440, Governor's Office, Proviso 56DD.40 (Vietnam Veterans of America).
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.466, H. 4775 by a vote of 1 to 96:
H. 4775 - The General Appropriation Bill
Veto #7 - Part II, Permanent Statutes, Page 23, Section 21, State Group HealthInsurance.
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.466, H. 4775 by a vote of 0 to 92:
H. 4775 - The General Appropriation Bill
Veto #8 - Part II, Page 116, Section 84, Commercial Fishing Boats.
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.466, H. 4775 by a vote of 0 to 106:
H. 4775 - The General Appropriation Bill
Veto #9 - Part II, Page 117, Section 88, Commercial Tugboats.
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.453, H. 3649 by a vote of 0 to 110:
H. 3649 -- Rep. Tripp: AN ACT TO APPROPRIATE SURPLUS AND OTHER GENERAL FUND REVENUES FOR THE OPERATION OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000.
Veto #1 - Part 1B, Temporary Provisos, Page 12, Proviso (7) Alston Wilkes Society.
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.453, H. 3649 by a vote of 0 to 110:
H. 3649 -- Rep. Tripp: AN ACT TO APPROPRIATE SURPLUS AND OTHER GENERAL FUND REVENUES FOR THE OPERATION OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000.
Veto #2 - Part 1B, Temporary Provisos, Page 13, Proviso (12) Summerville Armory Infrastructure.
Very respectfully,
Speaker of the House
Columbia, S.C., January 10, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has Adjourned Debate on the veto by the Governor on R.453, H. 3649 until Tuesday, January 16, 2001:
H. 3649 -- Rep. Tripp: AN ACT TO APPROPRIATE SURPLUS AND OTHER GENERAL FUND REVENUES FOR THE OPERATION OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000.
Veto #3 - Part II, Section 1, Page 21, Department of Commerce, Item 13(i) Midlands Film Institute, $1,000,000.
Very respectfully,
Speaker of the House
The following were received and referred to the appropriate committees for consideration:
Document No. 2518
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Hospitals and Institutional
General Infirmaries Relating to Perinatal Care
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
Document No. 2525
Agency: Department of Consumer Affairs
SUBJECT: Adjustment of Dollar Amounts
Received by Lieutenant Governor January 9, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration May 9, 2001
Document No. 2526
Agency: Department of Labor, Licensing and Regulation
Board of Examiners for the Licensure of Professional Counselors,
Marriage and Family Therapists, and Psycho-Educational Specialists
SUBJECT: Licensure Requirements
Received by Lieutenant Governor January 9, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2001
Document No. 2528
Agency: Board of Financial Institutions
SUBJECT: Adjustment of Dollar Amounts
Received by Lieutenant Governor January 9, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration May 9, 2001
Document No. 2530
Agency: Department of Health and Environmental Control
SUBJECT: 61-66. Industrial Waste Disposal Sites and Facilities
61-70. Sanitary Landfill Design, Construction and Operation
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
Document No. 2531
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Outpatient Facilities for Chemically Dependent or Addicted Persons
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
Document No. 2532
Agency: Department of Health and Environmental Control (1991)
SUBJECT: Solid Waste Management: Off-site Treatment of Contaminated Soil
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
Document No. 2538
Agency: Department of Health and Environmental Control
SUBJECT: X-Rays (Title B)
Received by Lieutenant Governor January 9, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2001
Document No. 2547
Agency: Clemson University - State Crop Pest Commission
SUBJECT: Seed Certification Standards
Received by Lieutenant Governor January 9, 2001
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 9, 2001
Document No. 2548
Agency: Department of Labor, Licensing and Regulation
Board of Medical Examiners
SUBJECT: Contact with Patients before Prescribing
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
Document No. 2549
Agency: Department of Labor, Licensing and Regulation
Board of Long Term Health Care Administrators
SUBJECT: Registration of Licenses
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
Document No. 2550
Agency: Department of Labor, Licensing and Regulation
Board of Medical Examiners
SUBJECT: Criteria for Physician Supervision of Nurses
in Extended Roles
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
Document No. 2551
Agency: Department of Insurance
SUBJECT: Valuation of Life Insurance Policies
Received by Lieutenant Governor January 9, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration May 9, 2001
Document No. 2553
Agency: Department of Insurance
SUBJECT: Annuity Mortality Tables for Use In Determining Reserve Liabilities for Annuities
Received by Lieutenant Governor January 9, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration May 9, 2001
Document No. 2558
Agency: Department of Education
SUBJECT: Principal Evaluation Program
Received by Lieutenant Governor January 9, 2001
Referred to Education Committee
Legislative Review Expiration May 9, 2001
Document No. 2574
Agency: Department of Labor, Licensing and Regulation - Auctioneers' Commission
SUBJECT: Examination, Licenses, Apprenticeships, Advertising, Professional Standards, Declaratory Rulings, Changes of Address, Procedures
Received by Lieutenant Governor January 9, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2001
Document No. 2575
Agency: Department of Labor, Licensing, and Regulation -
State Board of Accountancy
SUBJECT: Forms of Practice of Public Accountants and Accounting Practitioners
Received by Lieutenant Governor January 9, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2001
Document No. 2576
Agency: Department of Labor, Licensing and Regulation - Board of Architectural Examiners
SUBJECT: Continuing Education Requirements for License Renewal
Received by Lieutenant Governor January 9, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2001
Document No. 2578
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
SUBJECT: Official Identification
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
Document No. 2579
Agency: Department of Labor, Licensing, and Regulation -
Real Estate Appraisers Board
SUBJECT: Practices of Real Estate Appraisers, Mass Appraisers
Received by Lieutenant Governor January 9, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2001
Document No. 2585
Agency: Commission on Higher Education
SUBJECT: Performance Standards and Funding and the Reduction, Expansion, Consolidation or Closure of an Institution
Received by Lieutenant Governor January 9, 2001
Referred to Education Committee
Legislative Review Expiration May 9, 2001
Senator LEVENTIS introduced Dr. Capers Hiott of Sumter, S.C., Doctor of the Day.
Senator BRANTON rose for an Expression of Personal Interest.
The following were introduced:
S. 121 (Word version) -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE MR. TIMOTHY W. SIMMONS OF AIKEN UPON RECEIVING THE AIKEN CHAMBER OF COMMERCE BUSINESS PERSON OF THE YEAR AWARD AND TO COMMEND HIM FOR HIS OUTSTANDING CONTRIBUTIONS TO
AIKEN COUNTY AND THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 122 (Word version) -- Senators Jackson, Glover, Ford, Matthews, Patterson and Pinckney: A SENATE RESOLUTION TO HAVE A SUBCOMMITTEE OF THE SENATE BANKING AND INSURANCE COMMITTEE STUDY THE PROBLEMS ENCOUNTERED BY LOW INCOME BORROWERS SEEKING HOME EQUITY AND MORTGAGE LOANS, AND TO PROVIDE THAT THE SUBCOMMITTEE MAKE RECOMMENDATIONS TO THE SENATE REGARDING LEGISLATION TO REMEDY UNFAIR PREDATORY LENDING PRACTICES IN SOUTH CAROLINA.
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The Senate Resolution was introduced and referred to the Committee on Banking and Insurance.
S. 123 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-1-60 SO AS TO PROVIDE THAT, IF AN OWNER OF PROPERTY PRESENTS CERTIFIED DOCUMENTATION FROM THE LIENHOLDER TO THE CLERK OF COURT, THE CLERK OF COURT SHALL ISSUE AN ADMINISTRATIVE ORDER REMOVING THE LIEN AND REVISE RECORDS NECESSARY TO CORRECT THE ERROR.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 124 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 125 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF TEACHERS, SO AS TO PROVIDE THAT AMERICAN CITIZENSHIP SHALL NOT BE A QUALIFICATION FOR RECEIVING CERTIFICATION TO TEACH IN THE PUBLIC SCHOOLS OF THIS STATE.
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Read the first time and referred to the Committee on Education.
S. 126 (Word version) -- Senators Giese and Fair: A JOINT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO CONDUCT A STUDY TO DETERMINE THE FEASIBILITY OF ALLOWING HOME SCHOOLED STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AND THE IMPACT OF SUCH PARTICIPATION.
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Read the first time and referred to the Committee on Education.
S. 127 (Word version) -- Senator Leventis: A SENATE RESOLUTION TO AMEND RULE 19 OF THE RULES OF THE SENATE SO AS TO REQUIRE ALL PERSONS WHO APPEAR BEFORE A STANDING COMMITTEE, SUBCOMMITTEE, SPECIAL COMMITTEE, CONFERENCE COMMITTEE, OR JOINT COMMITTEE OF THE SENATE SHALL BE ADMINISTERED AN OATH PRIOR TO APPEARING BEFORE THE COMMITTEE OR SUBCOMMITEE.
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The Senate Resolution was introduced and referred to the Committee on Rules.
S. 128 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) BEING EXEMPT FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, RECEIVING A SPECIFIED INCREASE IN PAY, AND BEING REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF THE CERTIFICATION, SO AS TO PROVIDE THAT THE SPECIFIED INCREASE IN PAY SHALL BE TEN THOUSAND DOLLARS PER YEAR FOR THE LIFE OF THE CERTIFICATION RATHER THAN AN INCREASE TO BE DETERMINED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE THAT THE REIMBURSEMENT FOR THE COST OF THE CERTIFICATION INSTEAD OF A LOAN SHALL BE ONE-HALF OF THE COST TO BE PAID AT THE TIME OF APPLICATION AND ONE-HALF OF THE COST TO BE PAID AT THE TIME OF CERTIFICATION.
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Read the first time and referred to the Committee on Education.
S. 129 (Word version) -- Senators Moore and Setzler: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1993 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.
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Read the first time and referred to the Committee on Finance.
S. 130 (Word version) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.
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Read the first time and referred to the Committee on Finance.
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
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Read the first time and referred to the Committee on Finance.
S. 132 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.
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Read the first time and referred to the Committee on Judiciary.
S. 133 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 30-4-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES, SO AS TO PERMIT THE NOTIFICATION OF THESE MEETINGS BE EFFECTED BY ELECTRONIC MEANS.
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Read the first time and referred to the Committee on Judiciary.
S. 134 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.
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Read the first time and referred to the Committee on Judiciary.
S. 135 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.
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Read the first time and referred to the Committee on Judiciary.
S. 136 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A CRIME SET FORTH IN CHAPTER 25 OF TITLE 16 MAY NOT BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM.
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Read the first time and referred to the Committee on Judiciary.
S. 137 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, TO PROVIDE FOR INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT, AND TO PROVIDE PENALTIES FOR VIOLATION.
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Read the first time and referred to the Committee on Judiciary.
S. 138 (Word version) -- Senators Fair and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT IN A COVENANT MARRIAGE THE GROUND FOR CONTINUOUS SEPARATION MUST BE FOR A PERIOD OF AT LEAST TWO YEARS.
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Read the first time and referred to the Committee on Judiciary.
S. 139 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER REGISTRATION ACT OF 2001", TO PROVIDE THAT ALL BOILER AND PRESSURE VESSELS INSTALLED IN THIS STATE BE DESIGNED AND MANUFACTURED AND SEALED OR STAMPED UNDER A NATIONAL CODE AND REGISTERED WITH THE STATE FIRE MARSHAL ON REGISTRATION FORMS PROVIDED AND APPROVED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PROVIDE FOR EXCEPTIONS, AND PROVIDE A PENALTY FOR FAILURE TO REGISTER A BOILER OR PRESSURE VESSEL OR INSTALL ONE NOT IN COMPLIANCE WITH THIS CHAPTER.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 140 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2002.
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The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
S. 141 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 44-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITATION TO ARTICLE 3, CHAPTER 7, TITLE 44, ENTITLED "STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT", SO AS TO REVISE THE ARTICLE NAME; TO AMEND SECTION 44-7-120, AS AMENDED, RELATING TO THE PURPOSE OF THIS ARTICLE, SO AS TO REVISE THE PURPOSE TO INCLUDE CARRYING OUT THE STATE'S HEALTH PLANNING EFFORT AND TO DELETE THE PROVISION RELATING TO DEVELOPING PROCEDURES FOR THE APPLICATION AND REVIEW PROCESS FOR CERTIFICATES OF NEED; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS USED IN THIS ARTICLE, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DELETE OTHERS; TO AMEND SECTION 44-7-150, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN CARRYING OUT THE PURPOSES OF THIS ARTICLE, SO AS TO INCLUDE DATA COLLECTION; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES UNDER WHICH A CERTIFICATE OF NEED IS REQUIRED, SO AS TO REVISE THESE CIRCUMSTANCES; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE ARTICLE, SO AS TO REVISE THE EXEMPTIONS; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE HEALTH PLANNING COMMITTEE AND THE STATE HEALTH PLAN, SO AS TO REVISE THE CONTENTS OF THE PLAN AND TO REQUIRE THAT THE DEPARTMENT BE NOTIFIED WHEN A PERSON PROPOSES TO OFFER HEALTH SERVICES FOR WHICH UTILIZATION DATA ARE MAINTAINED IN THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-190 RELATING TO PROJECT REVIEW CRITERIA FOR USE IN DETERMINING THE NEED FOR HEALTH CARE FACILITIES, BEDS, SERVICES, AND EQUIPMENT, SO AS TO SPECIFICALLY DEFINE THE EQUIPMENT REQUIRING USE OF THIS CRITERIA IN DETERMINING THE NEED FOR THE EQUIPMENT; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO THE CERTIFICATE OF NEED APPLICATION, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOR COMPLETION OF CERTIFICATE OF NEED APPLICATIONS AND FOR APPEALS OF STAFF DECISIONS, SO AS TO CLARIFY THESE PROCEDURES TO REVISE THE DATE INDICATING WHEN CERTAIN METHADONE TREATMENT FACILITIES DO NOT HAVE TO OBTAIN A CERTIFICATE OF NEED; TO AMEND SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF A FINAL BOARD DECISION, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO LIMITATIONS ON A CERTIFICATE OF NEED, SO AS TO PROVIDE PENALTIES WHEN IMPLEMENTATION OF A PROJECT OR THE OPERATION OF A FACILITY IS NOT IN ACCORDANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 44-69-75, AS AMENDED, RELATING TO HOME HEALTH AGENCIES REQUIRING A CERTIFICATE OF NEED, SO AS TO DELETE THE PROVISION EXEMPTING HOME HEALTH AGENCIES FROM THE CERTIFICATE OF NEED IF THE AGENCY PROVIDED HOME HEALTH SERVICES BEFORE JULY 1, 1980; TO REQUIRE THE DEPARTMENT TO CONDUCT A STUDY BEFORE JULY 1, 2003, OF OTHER STATES THAT HAVE REPEALED THEIR CERTIFICATE OF NEED PROGRAMS; AND TO REPEAL SECTION 44-7-185 RELATING TO A TASK FORCE TO STUDY OPEN HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES AND SECTION 44-7-240 RELATING TO FACILITIES CONSTRUCTION PROGRAM.
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Read the first time and referred to the Committee on Medical Affairs.
H. 3188 (Word version) -- Reps. W.D. Smith, Allison, Davenport, Lee, Littlejohn, Sinclair, Talley, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE FEBRUARY 13, 2001, AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 3191 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Harrell, J. Brown, Cato, Sharpe, Townsend and Kelley: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 17, 2001, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was introduced and ordered referred to the Committee on Invitations.
Senator McCONNELL asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Invitations.
There was no objection.
Senator McCONNELL asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
Senator McCONNELL asked unanimous consent to adopt the Concurrent Resolution.
There was no objection.
The Concurrent Resolution was adopted and ordered returned to the House.
H. 3196 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE OPENING DATE FOR THE SEASON FOR TAKING SHAD IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM FEBRUARY 15 TO FEBRUARY 1.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3198 (Word version) -- Reps. Carnell and Klauber: A BILL TO AUTHORIZE SCHOOL DISTRICTS 50 AND 51 OF GREENWOOD COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ASSOCIATION OF CAREER AND TECHNICAL EDUCATORS, SC VOCATIONAL DIRECTORS ASSOCIATION and SC CHAMBER OF COMMERCE to attend a luncheon at the State Fairgrounds on Wednesday, January 17, 2001, from 12:30 until 1:30 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the CITY OF COLUMBIA to attend a reception at the Columbia Museum of Art on Wednesday, January 17, 2001, from 7:30 until 9:30 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC BROADCASTERS ASSOCIATION to attend a shrimp and grits breakfast in 221 Blatt Bldg. on Thursday, January 18, 2001, from 8:00 until 10:00 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOCIETY OF PROFESSIONAL ENGINEERS AND CONSULTING ENGINEERS OF SC to attend a reception at the Faculty Club at USC on Tuesday, January 23, 2001, from 6:00 until 8:00.P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the CLARION TOWN HOUSE HOTEL to attend an oyster roast at the Clarion Town House on Tuesday, January 23, 2001, from 8:00 until 11:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF NURSE ANESTHETISTS to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, January 24, 2001, from 8:00 until 9:30 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the NATIONAL FEDERATION OF THE BLIND OF SC to attend a buffet luncheon in Room 208 Blatt Bldg. on Wednesday, January 24, 2001, from 12:00 until 2:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF PROBATE JUDGES to attend a reception at the Embassy Suites Hotel on Wednesday, January 24, 2001, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
TOTAL--0
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC MANUFACTURERS ALLIANCE to attend a breakfast at the Clarion Town House on Thursday, January 25, 2001, from 8:00 until 9:00 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC FARM BUREAU FEDERATION to attend a banquet at the Moore Building at the State Fairgrounds on Tuesday, January 30, 2001, from 6:00 until 7:15 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauér Richardson
NAYS
HOUSE CONCURRENCE
S. 2 (Word version) -- Senators Passailaigue, Setzler, Wilson, Fair, Gregory, Ravenel, Drummond, Holland, Saleeby, J. Verne Smith, Land, Leatherman, Leventis, McConnell, Moore, Peeler, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Elliott, Ford, Glover, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Hutto, Anderson, Branton, Grooms, Bauer, Richardson, Hawkins, Pinckney, Ritchie and Verdin: A CONCURRENT RESOLUTION TO RECOGNIZE LES EVANS ON THE OCCASION OF HIS RETIREMENT AS HEAD FOOTBALL COACH AND ATHLETICS DIRECTOR AT AIRPORT HIGH SCHOOL, WEST COLUMBIA, SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 120 (Word version) -- Senators Elliott, McGill and Rankin: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILLIAM F. "BILL" DAVIS OF AYNOR IN HORRY COUNTY ON HIS PASSING AND EXPRESSING THEIR APPRECIATION FOR HIS LIFELONG DEDICATION TO THE SERVICE OF HIS FELLOW SOUTH CAROLINIANS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 118 (Word version) -- Senators McGill and Elliott: A BILL TO AMEND ACT 191 OF 1971, AS AMENDED, RELATING TO THE WILLIAMSBURG COUNTY RECREATION DISTRICT, SO AS TO TRANSFER TO THE COUNTY GOVERNING BODY THE AUTHORITY TO APPOINT COMMISSION MEMBERS.
By prior motion of Senator McGILL
S. 115 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-21-2734, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LICENSES TO OPERATE CERTAIN AMUSEMENTS, SO AS TO ESTABLISH AN OPTION TO PURCHASE AN EIGHT-MONTH LICENSE IN LIEU OF A TWENTY-FOUR MONTH OR A SIX-MONTH LICENSE.
Senator ELLIOTT explained the Bill.
On motion of Senator ELLIOTT, with unanimous consent, S.115 was ordered to receive a third reading on Friday, January 12, 2001.
Senator PASSAILAIGUE asked unanimous consent to make a motion that he be granted leave to resign from the Committee on Labor, Commerce and Industry and select the General Committee and that Senator FORD be granted leave to select the Committee on Labor, Commerce and Industry and resign from the General Committee.
There was no objection and the motion was adopted.
The Committee on Labor, Commerce and Industry is constituted as follows:
Smith, J. Verne, Chairman
Drummond, John
Saleeby, Edward E.
Setzler, Nikki
Leventis, Phil
McConnell, Glenn F.
Moore, Thomas L.
O'Dell, William H.
Reese, Glenn G.
Ford, Robert
Mescher, William
Ryberg, Greg
Alexander, Thomas C.
Leatherman, Hugh
Branton, William S., Jr.
Waldrep, Robert
Bauer, André
The General Committee is constituted as follows:
GENERAL COMMITTEE
Mescher, William, Chairman
Holland, Donald H.
Thomas, David L.
Wilson, Joe
O'Dell, William H.
Martin, Larry A.
Alexander, Thomas C.
Ryberg, Greg
Richardson, Scott H.
Matthews, John W., Jr.
Patterson, Kay
McGill, J. Yancey
Passailaigue, Ernest L.
Hayes, Robert W., Jr.
Elliott, Dick
Hawkins, John
Pinckney, Clementa C.
The following appointments were confirmed in open session:
Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
Delores Franklin Williams, Route 1, Box 283, Nesmith, S.C. 29580 VICE Charles D. Morris
Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
William Clayton Driggers, P. O. Box 163, Salters, S.C. 29590 VICE Lawrence W. McElveen
Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
Norris Wallace, Jr., 718 Saint Mark Street, Kingstree, S.C. 29556 VICE Jerry M. Mishoe
Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Mark E. English, 116 Duncan Street, Whitmire, S.C. 29378 VICE Luke B. Hart Mandatory Retirement
Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Robert F. Williams, P. O. Box 264, Great Falls, S.C. 29055 VICE Thomas A. Jackson
Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Edward Gendron "Gen" Palmer, VI, 1688 Longtown Road, Ridgeway, S.C. 29065 VICE John J. Hood
Initial Appointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Patricia D. Miller, 354 Pleasant Hill Road, Dillon, S.C. 29536
Initial Appointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Linda S. Edwards, 814 Mark Road, Dillion, S.C. 29536
Initial Appointment, Clarendon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Carl M. Evans, Route 1, Box 104, New Zion, S.C. 29111 VICE Emilee I. Hemingway
Initial Appointment, Chester County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Tommy Lee Davis, P. O. Box 1016, Chester, S.C. 29706
Initial Appointment, Cherokee County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Mary G. Moore, 105 Hampton Drive, Gaffney, S.C. 29341 VICE Barry G. Medley - resigned
Initial Appointment, Calhoun County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002
Vivian P. Bodrick, Route 1, Box 269, Cameron, S.C. 29030 VICE Mildred Douglas
Senator McCONNELL moved that, when the Senate adjourns on Friday, January 12, 2001, it stand adjourned to meet next Tuesday, January 16, 2001, at 12:00 Noon, which motion was adopted.
At 11:37 A.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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