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 some words from the ancient Book of Judges, Chapter 5:31, for a focus point today:
"So perish all Your enemies, O Lord!
But may Your friends be like the sun as it rises in its might." (NRSV)
Let us pray.
Our Heavenly Father, we bring before Your throne of Grace, Your servant, J. VERNE SMITH. Support him and his family with the grace of the Gospel as they adjust to the passing of his brother, Tom.
Our prayer is that we all shall have our names inscribed in the Book of Life: as among those who love You, Lord, and seek to do good to our neighbor.
Help us to be messengers and instruments of a creed that says there is yet much in our world that is right... and good!
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, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
Sam L. Floyd, Route 2, Box 238, Kingstree, S.C. 29556 VICE William A. Edwins
On behalf of Senator GREGORY, Senator HAYES introduced Dr. Andrew Pate of Lancaster, S.C., Doctor of the Day.
On motion of Senator PASSAILAIGUE, at 11:10 A.M., Senator MOORE was granted a leave of absence for today.
On motion of Senator McCONNELL, at 11:20 A.M., Senator J. VERNE SMITH was granted a leave of absence for today.
On motion of Senator SETZLER, at 11:20 A.M., Senators HUTTO and MATTHEWS were granted a leave of absence for today.
At 12:20 P.M., Senator JACKSON requested a leave of absence until next Tuesday at 12:00 Noon.
On motion of Senator RICHARDSON, at 12:30 P.M., Senator RYBERG was granted a leave of absence for today.
At 12:40 P.M., Senator RAVENEL requested a leave of absence until Tuesday at 12:00 Noon.
On motion of Senator McGILL, at 12:45 P.M., Senator RANKIN was granted a leave of absence until Tuesday at 12:00 Noon.
On motion of Senator ALEXANDER, at 12:55 P.M., Senator WALDREP was granted a leave of absence until Tuesday at 12:00 Noon.
At 1:15 P.M., Senator SALEEBY requested a leave of absence until Tuesday at 12:00 Noon.
S. 186 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO REQUIRE A PHARMACIST TO ONLY CHARGE MEDICAID PRESCRIPTION RATES, PLUS A DISPENSING FEE, WHEN FILLING PRESCRIPTIONS FOR PERSONS RECEIVING MEDICARE BENEFITS.
On motion of Senator REESE, with unanimous consent, the name of Senator REESE was removed as a co-sponsor of S. 186.
S. 198 (Word version) -- Senators Leatherman, Leventis, Martin, Giese, Mescher, McConnell, Courson, J. Verne Smith, Thomas, Verdin, Richardson and Branton: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was removed as a co-sponsor of S. 198.
S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms and Reese: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was added as a co-sponsor of S. 199.
S. 163 (Word version) -- Senator Martin: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FORTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR.
On motion of Senator REESE, with unanimous consent, the name of Senator REESE was added as a co-sponsor of S. 163.
The following were introduced:
S. 297 (Word version) -- Senators Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel and Martin: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 298 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-5-175 SO AS TO PROVIDE THAT A COUNTY GOVERNING BODY IN AGREEMENT WITH A SHERIFF OR JAIL ADMINISTRATOR MAY ADOPT A PRISONER REIMBURSEMENT POLICY FOR A JAIL THAT REQUIRES A PERSON CONFINED TO A JAIL TO REIMBURSE THE COUNTY FOR EXPENSES IT INCURS FOR THE PERSON'S CONFINEMENT.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 299 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 300 (Word version) -- Senator Reese: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-640 SO AS TO PROVIDE FOR THE OFFENSE OF THE PHYSICAL ASSAULT OF A SPORTS OFFICIAL, TO PROVIDE THAT THIS MUST OCCUR AT ANY LEVEL OF COMPETITION WITHIN THE CONFINES OR IMMEDIATE VICINITY OF THE ATHLETIC FACILITY AT WHICH THE ATHLETIC CONTEST IN WHICH THE SPORTS OFFICIAL WAS AN ACTIVE PARTICIPANT IS HELD, AND TO PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 301 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 17-5-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 17-5-260, 17-5-265, 17-5-275, AND 17-5-300, ALL AS AMENDED, ALL RELATING TO THE DUTIES AND AUTHORITY OF THE OFFICE OF COUNTY MEDICAL EXAMINER, SO AS TO ADD THAT THE CORONER OR HIS DESIGNEE IN THE COUNTY IS ALSO AUTHORIZED TO PERFORM CERTAIN DUTIES AND REQUIRED TO MAKE CERTAIN NOTIFICATIONS IN THE SAME MANNER AS THE COUNTY MEDICAL EXAMINER.
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Read the first time and referred to the Committee on Judiciary.
S. 302 (Word version) -- Senator Ryberg: A JOINT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 3, 8, AND 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF JUDICIARY MEMBERS, SO AS TO PROVIDE REQUIREMENTS BY WHICH JUDGES AND JUSTICES MAY SUCCEED THEMSELVES; AND PROPOSING AN AMENDMENT TO SECTION 27, ARTICLE V, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL REVIEW THE QUALIFICATIONS OF INCUMBENT MEMBERS OF THE JUDICIARY SEEKING TO SUCCEED THEMSELVES.
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Read the first time and referred to the Committee on Judiciary.
S. 303 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 2-19-10 AND SECTION 2-19-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSIDERATION AND NOMINATION OF JUDICIAL CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THE COMMISSION TO REVIEW THE QUALIFICATIONS OF AN INCUMBENT MEMBER OF THE JUDICIARY WHO HAS FILED A DECLARATION OF CANDIDACY FOR ELECTION TO SUCCEED HIMSELF AND TO DELETE REFERENCES TO THE NAME OF THE INCUMBENT JUDGE BEING SUBMITTED TO THE GENERAL ASSEMBLY FOR RE-ELECTION; TO AMEND SECTION 14-3-10, RELATING TO THE ELECTION OF SUPREME COURT JUSTICES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH THE JUSTICES MAY SUCCEED THEMSELVES; TO AMEND SECTION 14-5-610, RELATING TO THE ELECTION OF CIRCUIT JUDGES, SO AS TO DELETE THE AT-LARGE JUDGESHIPS WHO ARE REASSIGNED TO PARTICULAR CIRCUITS AND TO PROVIDE REQUIREMENTS UNDER WHICH CIRCUIT COURT JUDGES MAY SUCCEED THEMSELVES; TO AMEND SECTION 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH THE JUDGES MAY SUCCEED THEMSELVES; AND TO AMEND SECTION 20-7-1370, RELATING TO THE ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH FAMILY COURT JUDGES MAY SUCCEED THEMSELVES.
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Read the first time and referred to the Committee on Judiciary.
S. 304 (Word version) -- Senators Richardson, Ritchie, Ryberg, Hayes, Martin, Giese, Wilson and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, PURCHASING A LOTTERY TICKET AS A PERSON UNDER TWENTY-ONE YEARS OF AGE, DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT OR INVESTIGATION IN CONNECTION WITH THE LOTTERY, AND CONSPIRING TO COMMIT A PROHIBITED OFFENSE AGAINST THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT FOR SPECIFIED EDUCATIONAL PURPOSES AND IN AMOUNTS APPROVED BY THE GENERAL ASSEMBLY; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.
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Read the first time and referred to the Committee on Judiciary.
S. 305 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE CERTIFICATION AND REGULATION OF NATUROPATHS, TO PROVIDE THE SCOPE AND LIMITATIONS OF PRACTICE FOR NATUROPATHS, TO ESTABLISH THE NATUROPATHIC CLIENT BILL OF RIGHTS AND TO REQUIRE ITS DISTRIBUTION TO CLIENTS, AND TO PROVIDE EXCEPTIONS TO CERTIFICATION; AND TO REPEAL CHAPTER 31, TITLE 40, RELATING TO THE PROHIBITION AGAINST PRACTICING NATUROPATHY.
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Read the first time and referred to the Committee on Medical Affairs.
S. 306 (Word version) -- Senator Branton: A BILL TO RESTORE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION THAT HAD FORMERLY BEEN DEVOLVED TO THE GOVERNING BODY OF DORCHESTER COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator BRANTON, S. 306 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 307 (Word version) -- Senator Patterson: A SENATE RESOLUTION TO CONGRATULATE RYAN BAXTER OF COLUMBIA ON THE OCCASION OF HIS RECEIVING THE EAGLE SCOUT AWARD.
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The Senate Resolution was adopted.
S. 308 (Word version) -- Senators Rankin, Elliott, McGill, Ravenel, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO NAME THE TELECOMMUNICATIONS CENTER AND PATROL OFFICE IN CONWAY, SOUTH CAROLINA, ON U.S. HIGHWAY 701 NORTH IN MEMORY OF SERGEANT MAURO ANDREUCCI OF THE SOUTH CAROLINA HIGHWAY PATROL, AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 309 (Word version) -- Senators Rankin, Elliott, McGill, Ravenel, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF S.C. HIGHWAY 544 FROM U.S. HIGHWAY 501 NEAR CONWAY TO THE U.S. HIGHWAY 17 BYPASS AS THE "CORPORAL DENNIS LYDEN MEMORIAL HIGHWAY" IN MEMORY OF CORPORAL DENNIS LYDEN OF THE HORRY COUNTY POLICE DEPARTMENT WHO WAS KILLED IN THE LINE OF DUTY ON JUNE 5, 2000, WHILE SERVING HIS COUNTY AND STATE.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 3490 (Word version) -- Rep. J.R. Smith: A CONCURRENT RESOLUTION TO WARMLY WELCOME THE KOREAN AMERICAN CULTURAL FOUNDATION TO SOUTH CAROLINA AND TO ESPECIALLY THANK DR. LEE, YOUNG JACK, CHAIRMAN, DR. CHO, SUNG KYU, EXECUTIVE DIRECTOR, THE INSTITUTE FOR KOREA-U.S. CULTURAL EXCHANGE, AND ALL OF THE TALENTED PERFORMERS ACCOMPANYING THE KOREAN AMERICAN CULTURAL FOUNDATION FOR THEIR EFFORTS TO RECOGNIZE AND HONOR AMERICAN VETERANS OF THE KOREAN WAR BY SHARING THE TRADITIONS AND RICH CULTURE OF KOREA WITH THE CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator GIESE from the Committee on Education submitted a favorable report on:
S. 158 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC EMPLOYMENT, BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT A MALE EIGHTEEN YEARS OF AGE OR OLDER FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON IS IN COMPLIANCE WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT; AND TO AMEND CHAPTER 101 OF TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-375, SO AS TO PROHIBIT AN INDIVIDUAL FROM RECEIVING A LOAN, GRANT, SCHOLARSHIP, OR OTHER FINANCIAL ASSISTANCE FUNDED BY STATE REVENUE, FEDERAL FUNDS, OR GIFTS AND GRANTS ACCEPTED BY THE STATE OR FROM RECEIVING A STUDENT LOAN GUARANTEED BY THE STATE UNLESS THE INDIVIDUAL FILES A STATEMENT OF THE INDIVIDUAL'S SELECTIVE SERVICE STATUS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC DEPARTMENT OF CONSUMER AFFAIRS to attend a breakfast drop-in in Room 221 Blatt Bldg. on Thursday, February 22, 2001, from 8:00 until 10:00 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC STUDENT LEGISLATURE to attend a mid-day drop-in reception in Room 221 Blatt Bldg. on Tuesday, February 27, 2001, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ELECTRIC COOPERATIVES OF SC to attend a reception at the Adam's Mark Hotel on Tuesday, February 27, 2001, from 6:00 until 7:30 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MANUFACTURED HOUSING INSTITUTE OF SC, INC. to attend a reception at Rosewoods on Tuesday, February 27, 2001, from 7:30 until 8:30 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the PALMETTO CONSERVATION FOUNDATION to attend a breakfast at the Faculty Club on Wednesday, February 28, 2001, from 8:00 until 9:00 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF TOURISM REGIONS to attend a luncheon at the Capital City Club on Wednesday, February 28, 2001, from 12:00 until 2:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MUNICIPAL ASSOCIATION OF SC to attend a reception at the Adam's Mark Hotel on Wednesday, February 28, 2001, from 6:00 until 7:30 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Waldrep Alexander Bauer Richardson
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 75 (Word version) -- Senators Leventis, Ford, Hayes, Elliott, Reese and Rankin: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THE PARENT OR LEGAL GUARDIAN, INSTEAD OF THE WOMAN, WHO HAS LEGAL CUSTODY AND THE DUTY OF CARE FOR A CHILD UNDER THE AGE OF SEVEN SHALL BE EXCUSED FOR JURY DUTY UPON FURNISHING AN AFFIDAVIT TO THAT EFFECT TO THE CLERK OF COURT.
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 (JUD0075.001), 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 14-7-860 of the 1976 Code, as last amended by Act 394 of 2000, is further amended to read:
"Section 14-7-860. (A) The presiding judge for cause shown may excuse anyone from jury duty at any term of court if he the judge considers it advisable. But However, no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record.
(B) Any woman parent or legal guardian with legal custody and the duty of care of having a child under seven years of age of whom she has legal custody and the duty of care, who desires to be excused from jury duty, shall must furnish an affidavit to the clerk of court stating that she the parent or legal guardian is unable to provide adequate care for the child while performing jury duty and shall must be excused from such the duty. The provisions of Section 14-7-870 shall do not apply to any such woman the parent or legal guardian juror.
(C) Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be either excused or transferred to another term of court by the presiding judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
(D) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee 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.
S. 207 (Word version) -- Senator Holland: A JOINT RESOLUTION TO REESTABLISH A TASK FORCE TO STUDY, MAKE RECOMMENDATIONS, AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ENSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0207.001), which was adopted:
Amend the joint resolution, as and if amended, page 1, lines 38-39, as contained in SECTION 1, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. The task force established by Act 418 of 2000 is reestablished according to the provisions of Act 418 of 2000. The membership of the task force must be appointed after the effective date of this joint resolution. Members appointed prior to the effective date of this joint resolution must be reappointed after the effective date of this joint resolution in order to serve on the task force. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 112 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT THE POINT WHERE IT INTERSECTS WITH ROAD 43-251 IN SUMTER COUNTY.
On motion of Senator LEVENTIS, S. 112 was ordered to receive a third reading on Friday, February 9, 2001.
S. 295 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO CHANGE THE FILING DEADLINES TO BE CONSISTENT WITH STATE LAW AND TO CORRECT REFERENCES TO THE REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY.
On motion of Senator MARTIN, S. 295 was ordered to receive a third reading on Friday, February 9, 2001.
S. 233 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.
S. 235 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 235.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
Senator FORD rose for an Expression of Personal Interest.
Senator RICHARDSON rose for an Expression of Personal Interest.
Senator PATTERSON rose for an Expression of Personal Interest.
Senator MARTIN raised a Point of Order under the provisions of Rule 13, that the five-minute limitation on an Expression of Personal Interest had expired.
Senator BRANTON rose for an Expression of Personal Interest.
Senator COURSON rose for an Expression of Personal Interest.
Senator SETZLER moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Glover Holland McGill O'Dell Patterson Pinckney Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Passailaigue Peeler Ravenel Reese Richardson Ritchie Thomas Verdin Waldrep Wilson
The Senate refused to adjourn.
Senator McCONNELL rose for an Expression of Personal Interest.
THE SENATE PROCEEDED TO THE CONCURRENT RESOLUTIONS.
On motion of Senator MARTIN, with unanimous consent, the following Concurrent Resolutions were carried over:
H. 3326 (Word version) -- Reps. Wilder, Carnell, Stille, Hayes and Taylor: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MARCH, 2001, AS NATIONAL ATHLETIC TRAINING MONTH IN SOUTH CAROLINA, AND TO RECOGNIZE THE ATHLETIC TRAINING PROFESSION AND ITS IMPORTANCE IN MAINTAINING QUALITY HEALTH CARE.
H. 3458 (Word version) -- Reps. Quinn and Wilkins: A CONCURRENT RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF REPRESENTATIVE TERRY E. HASKINS TO BE PLACED IN THE STATE HOUSE.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 76 (Word version) -- Senators Jackson, Ford and Branton: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 19, SO AS TO ESTABLISH THE "SOUTH CAROLINA VIOLENCE PREVENTION AUTHORITY" AND TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF VIOLENCE PREVENTION MOTOR VEHICLE LICENSE PLATES.
On motion of Senator MARTIN, the Bill was carried over.
S. 198 (Word version) -- Senators Leatherman, Leventis, Martin, Giese, Mescher, McConnell, Courson, J. Verne Smith, Thomas, Verdin, Richardson and Branton: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE spoke on the Bill.
At 12:45 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed two minutes.
At 12:49 P.M., the Senate resumed.
Senator PASSAILAIGUE resumed arguing contra to the third reading of the Bill.
At 12:53 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Fair Giese Glover Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Passailaigue Patterson Peeler Pinckney Reese Richardson Ritchie Saleeby Setzler Short Thomas Verdin Wilson
A quorum being present, the Senate resumed.
Senator PASSAILAIGUE argued contra to the third reading of the Bill.
Senator PASSAILAIGUE asked unanimous consent to make a motion that the substance of S. 541 from the previous session be read across the Desk and placed on the Calendar for consideration.
Senator WILSON objected.
Senator PASSAILAIGUE argued contra to the third reading of the Bill.
At 1:15 P.M., Senator HAYES made the point that a quorum was not present. It was ascertained that a quorum was not present.
In the absence of a quorum, Senator HAYES moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Fair Giese Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Richardson Ritchie Thomas Verdin Wilson
Anderson Branton Ford Glover Passailaigue Patterson Pinckney Reese Setzler Short
Debate was interrupted by adjournment, with Senator PASSAILAIGUE retaining the floor.
Having received a favorable report from the Williamsburg County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
Sam L. Floyd, Route 2, Box 238, Kingstree, S.C. 29556 VICE William A. Edwins
On motion of Senator ALEXANDER, on behalf of the entire Senate, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. W. Thomas Smith of Greenville, S.C., beloved brother of Senator J. VERNE SMITH.
Senator HAYES moved that, when the Senate adjourns on Friday, February 9, 2001, it stand adjourned to meet next Tuesday, February 13, 2001, at 11:00 A.M., which motion was adopted.
At 1:25 P.M., on motion of Senator HAYES, 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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