Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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 St. John, Chapter 6 (11-12):
"Jesus took the loaves (and fish), and when He had given thanks, He distributed them... and when they had eaten their fill, He told His disciples, 'Gather up the fragments left over'."
Let us pray.
Father, there is much about the feeding of the 5,000 we don't understand!
We are told that we have a shortfall in the budget of $500,000,000 putting the whole program of South Carolina in confusion... including welfare, education and penology.
We are thinking of the poor, the children, the aged and others who need all the help that is embraced in the prayer, "Give us this day our daily bread."
We confess that human distribution of Your bounty is our problem!
Our government cannot distribute in goods and services what our people are either unable or unwilling to share!
In our hearts we want none to suffer and none left behind!
Help us to lead the way that the basic needs of all will be met!
Amen.
At 10:03 A.M., on motion of Senator MARTIN, the Senate receded from business until 11:00 A.M.
At 11:00 A.M., the Senate resumed.
At 11:00 A.M., on motion of Senator MARTIN, the Senate receded from business until 12:00 Noon.
At 12:00 Noon, the Senate resumed.
At 12:00 Noon, Senator MARTIN assumed the Chair.
The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Clevette LaVonne Hudnell, 6904 Gavilan Avenue, Columbia, S.C. 29203
Senators RYBERG and MOORE introduced Dr. Timothy Shannon of Aiken, S.C., Doctor of the Day.
On motion of Senator LEATHERMAN, at 12:15 P.M., Senator PEELER was granted a leave of absence for today.
At 12:30 P.M., Senator COURSON requested a leave of absence from 8:00 P.M. today until 9:00 A.M. tomorrow morning.
At 1:25 P.M., Senator RICHARDSON requested a leave of absence from 6:00 P. M. today until 10:00 A.M., Tuesday, May 22, 2001.
At 2:45 P.M., Senator RAVENEL requested a leave of absence from 3:00 P.M. today until 10:00 A.M. in the morning.
At 6:40 P.M., Senator RYBERG requested a leave of absence from 7:00 P.M. tonight until 12:00 Noon, Tuesday, May 22, 2001.
At 6:45 P.M., Senator FAIR requested a leave of absence from 8:00 P.M. tonight until 10:00 A.M. in the morning.
At 7:45 P.M., Senator GREGORY requested a leave of absence from 8:00 P.M. tonight until 11:00 A.M. in the morning.
At 1:35 A.M., Senator ELLIOTT requested a leave of absence for Saturday, May 19, and Sunday, May 20, 2001.
At 3:00 A.M., Senator JACKSON requested a leave of absence until 12:00 Noon on Tuesday, May 22, 2001.
H. 3492 (Word version) -- Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J.M. Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
S. 654 (Word version) -- Senators Patterson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE DEPARTMENT OF CORRECTIONS HEADQUARTERS BUILDING THE "WILLIAM D. LEEKE BUILDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 654.
The following were introduced:
S. 689 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-535 SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO HUNT TURKEY ON PRIVATE LANDS IN THIS STATE ON SUNDAY.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 690 (Word version) -- Senators Wilson, Courson and Martin: A BILL TO ENACT THE "SOUTH CAROLINA OMNIBUS ENVIRONMENTAL PENALTIES ACT" INCLUDING PROVISIONS; TO AMEND SECTION 11-35-4220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION FROM CONSIDERATION FOR AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT A CONVICTION FOR A CRIMINAL VIOLATION OF AN ENVIRONMENTAL LAW OF THIS STATE OR ANY OTHER STATE OR OF A FEDERAL ENVIRONMENTAL LAW AS A CAUSE FOR DEBARMENT OR SUSPENSION; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL AND NONCOMMERCIAL PURPOSES AND TO INCREASE PENALTIES FOR CERTAIN LITTERING VIOLATIONS; TO AMEND CHAPTER 11, TITLE 16, RELATING TO THE PROTECTION OF PROPERTY, BY ADDING SECTION 16-11-705 SO AS TO PROVIDE DEFINITIONS RELATING TO AND FOR THE PURPOSE OF ENFORCING ENVIRONMENTAL LAWS, TO PROVIDE FOR ASSIMILATION OF FEDERAL ENVIRONMENTAL LAWS AS THE LAW OF THIS STATE FOR PURPOSES OF STATE ENFORCEMENT OF FEDERAL ENVIRONMENTAL LAWS IN THIS STATE, TO PROVIDE THAT A PERSON WHO NEGLIGENTLY VIOLATES ANY PROVISION OF AN ENVIRONMENTAL LAW WHOSE ACTS OR OMISSIONS DO NOT CAUSE CONTAMINATION, POLLUTION, OR HARM TO THE ENVIRONMENT OF THIS STATE IS GUILTY OF A MISDEMEANOR, TO FURTHER PROVIDE THAT, IF A PERSON'S NEGLIGENT VIOLATION OF AN ENVIRONMENTAL LAW CAUSES OR CONTRIBUTES TO SERIOUS BODILY INJURY OR DEATH TO ONE OR MORE PERSONS OR TO DOMESTIC ANIMALS, WILDLIFE, FISH, BIRDS, OR PLANTS IN THIS STATE, HE IS GUILTY OF A FELONY, TO PROVIDE THAT A PERSON WHO KNOWINGLY, INTENTIONALLY, OR RECKLESSLY VIOLATES ANY PROVISION OF AN ENVIRONMENTAL LAW WHOSE ACTS OR OMISSIONS CAUSE OR CONTRIBUTE TO CONTAMINATION, POLLUTION, OR HARM TO THE ENVIRONMENT OF THIS STATE, OR CAUSES OR CONTRIBUTES TO SERIOUS BODILY INJURY, OR DEATH TO ONE OR MORE PERSONS, OR TO DOMESTIC ANIMALS, WILDLIFE, FISH, BIRDS, OR PLANTS IN THIS STATE, IS GUILTY OF A FELONY, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 1, TITLE 44, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BY ADDING SECTION 44-1-115 SO AS TO FURTHER PROVIDE FOR THE DUTIES OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL IN CONNECTION WITH HOLDING RESPONSIBLE PERSONS ACCOUNTABLE FOR ENVIRONMENTAL POLLUTION AND TO PROVIDE FOR INVESTIGATIONS OF PERSONS APPLYING FOR OR HOLDING PERMITS ISSUED UNDER CERTAIN ENVIRONMENTAL PROTECTION LAWS OF THIS STATE; TO AMEND CHAPTER 1, TITLE 44, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BY ADDING SECTION 44-1-290 SO AS TO PROVIDE THAT THE DEPARTMENT MUST INVESTIGATE AND MAINTAIN A COMPLETE RECORD OF EVERY KNOWN CIVIL AND CRIMINAL VIOLATION OF AN ENVIRONMENTAL LAW IN THIS STATE AND MUST PUBLISH AN INDEX OF ALL RECORDS OF ALL CIVIL AND CRIMINAL VIOLATIONS OF ENVIRONMENTAL LAWS THAT OCCUR IN THIS STATE, AND PROVIDE THAT THE ATTORNEY GENERAL MUST FURNISH CERTAIN INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 44-55-20, AS AMENDED, RELATING TO DEFINITIONS USED IN THE STATE SAFE DRINKING WATER ACT, BY AMENDING THE DEFINITION OF "PERSON" SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 44-55-80, AS AMENDED, RELATING TO UNLAWFUL ACTS UNDER THE STATE SAFE DRINKING WATER ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF CERTAIN POLLUTANTS, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE STATE SAFE DRINKING WATER ACT; TO AMEND SECTION 44-55-90, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE STATE SAFE DRINKING WATER ACT, SO AS TO REVISE THE PENALTIES, CHANGE THE CLASSIFICATION OF CERTAIN VIOLATIONS OF THE STATE SAFE DRINKING WATER ACT FROM MISDEMEANOR VIOLATIONS TO FELONY VIOLATIONS AND TO FURTHER PROVIDE FOR THE OFFENSE AND PENALTY FOR KNOWING ENDANGERMENT; TO AMEND SECTION 44-56-20, AS AMENDED, RELATING TO DEFINITIONS USED IN THE HAZARDOUS WASTE MANAGEMENT ACT, BY ADDING DEFINITIONS OF "KNOWING" AND "KNOWINGLY", "PERSON", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 44-56-130, RELATING TO UNLAWFUL ACTS UNDER THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH CERTAIN COURT ORDERS, AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF CERTAIN POLLUTANTS, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE HAZARDOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-56-140, RELATING TO CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO REVISE AND PROVIDE METHODS FOR INVOKING CIVIL PENALTIES, PROVIDE REVISED PENALTIES FOR PERSONS AND RESPONSIBLE PARTIES WHO VIOLATE MISDEMEANOR PROVISIONS OF THE ACT, PROVIDE THAT A KNOWING VIOLATION OF THE ACT THAT ENDANGERS ANOTHER IS A FELONY, AND TO PROVIDE PENALTIES FOR THE OFFENSES OF KNOWINGLY WITHHOLDING OR DESTROYING CERTAIN INFORMATION, MAKING FALSE STATEMENTS, OR ALTERING RECORDS AND FOR THE FELONY OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 44-93-20, RELATING TO DEFINITIONS USED IN THE INFECTIOUS WASTE MANAGEMENT ACT, BY AMENDING THE DEFINITION OF "PERSON" SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 44-93-140, RELATING TO UNLAWFUL ACTS UNDER THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH CERTAIN DEPARTMENTAL OR COURT ORDERS, AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF INFECTIOUS WASTE, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-150, RELATING TO PENALTIES PERTAINING TO THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR CIVIL ENFORCEMENT REMEDIES, REVISE THE CRIMINAL PENALTIES, CHANGE THE CLASSIFICATION OF CERTAIN VIOLATIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT FROM MISDEMEANOR VIOLATIONS TO FELONY VIOLATIONS, AND TO FURTHER PROVIDE FOR THE OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS USED IN THE POLLUTION CONTROL ACT, BY AMENDING THE DEFINITION OF "PERSON" SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 48-1-320, RELATING TO PENALTIES PERTAINING TO THE POLLUTION CONTROL ACT, SO AS TO REVISE AND PROVIDE METHODS FOR INVOKING CIVIL PENALTIES, PROVIDE REVISED PENALTIES FOR PERSONS AND RESPONSIBLE PARTIES WHO VIOLATE MISDEMEANOR PROVISIONS OF THE ACT, PROVIDE THAT A KNOWING VIOLATION OF THE ACT THAT ENDANGERS ANOTHER IS A FELONY, AND TO PROVIDE PENALTIES FOR THE OFFENSES OF KNOWINGLY WITHHOLDING OR DESTROYING CERTAIN INFORMATION, MAKING FALSE STATEMENTS, OR ALTERING RECORDS AND FOR THE FELONY OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 48-1-340, RELATING TO FALSE STATEMENTS AND REPRESENTATIONS AND TAMPERING WITH MONITORING DEVICES AND METHODS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF INFECTIOUS WASTE, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE POLLUTION CONTROL ACT; AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF TITLES 13, 16, 44, 47, 48, AND 49 OF THE CODE.
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Senator WILSON spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 691 (Word version) -- Senators Leatherman, Drummond, McConnell, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND RICHARD W. "RICK" KELLY FOR HIS DEDICATED YEARS OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA, TO EXPRESS APPRECIATION FOR A JOB WELL DONE, AND TO WISH HIM GODSPEED IN HIS NEW ENDEAVOR AS VICE PRESIDENT AND CHIEF FINANCIAL OFFICER AT THE UNIVERSITY OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 692 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator RITCHIE, S. 692 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 693 (Word version) -- Senator Hutto: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY THE KINDERGARTEN THROUGH FOURTH GRADE STUDENTS OF BARNWELL ELEMENTARY SCHOOL IN BARNWELL SCHOOL DISTRICT 45 ON SEPTEMBER 27, 28, AND 29, 2000, BECAUSE OF THE FLOODING OF THE SCHOOL BE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator HUTTO, S. 693 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 694 (Word version) -- Senator Short: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF DEBBIE ROGERS OF CHESTER COUNTY UPON HER DEATH AND EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
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The Senate Resolution was adopted.
H. 3595 (Word version) -- Reps. Thompson, A. Young, Hinson, Law, Limehouse, Littlejohn, Meacham-Richardson, Sandifer and White: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES AND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTIONS 37-2-418 AND 37-3-418, BOTH SO AS TO PROVIDE FOR SPECIFIC RESTRICTIONS ON THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD OR A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.
Read the first time and referred to the Committee on Judiciary.
H. 3968 (Word version) -- Reps. J. Brown, Townsend, W.D. Smith, Sandifer, McGee, Robinson, Barrett, Hayes, Simrill, Gourdine, Scott, Cotty, J.E. Smith, Cato, Whipper, Tripp, Coates, Kennedy, Allison, J.H. Neal, Howard, Hosey, Knotts, G.M. Smith, McCraw, Law, Koon, Whatley, Cooper, Bales, Leach, Allen, Altman, Barfield, Battle, Bingham, Bowers, Breeland, R. Brown, Campsen, Chellis, Clyburn, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harrison, Harvin, J. Hines, M. Hines, Huggins, Kelley, Kirsh, Klauber, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Mack, Martin, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sinclair, F.N. Smith, Snow, Stille, Taylor, Vaughn, Walker, Webb, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND CHAPTER 39, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "DIABETES INITIATIVE OF SOUTH CAROLINA ACT", BY ADDING ARTICLE 2, SO AS TO ENACT THE "DIABETES SCHOOL CARE ACT", TO REQUIRE THE PRINCIPAL AT EACH PUBLIC SCHOOL TO DESIGNATE THREE EMPLOYEES TO BE DIABETES CARE PROVIDERS, TO ALSO AUTHORIZE AS EMPLOYEES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ASSIGNED TO A SCHOOL AND SUBCONTRACTORS TO BE DIABETES CARE PROVIDERS, TO PROVIDE FOR THE TRAINING OF THESE CARE PROVIDERS, TO ESTABLISH THE RESPONSIBILITIES AND THE SCOPE OF AUTHORITY FOR A DIABETES CARE PROVIDER, TO ALLOW A STUDENT WITH DIABETES TO PERFORM GLUCOSE TESTS, ADMINISTER INSULIN, AND TO ATTEND TO THE CARE AND MANAGEMENT OF HIS OR HER DIABETES AND TO POSSES NECESSARY SUPPLIES AND EQUIPMENT TO CONDUCT THESE FUNCTIONS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MAKE INFORMATION AND TRAINING MATERIALS AVAILABLE TO PRIVATE SCHOOLS, AND TO PROVIDE THAT A DIABETES CARE PROVIDER ACTING IN ACCORDANCE WITH THIS ARTICLE IS IMMUNE FROM CIVIL AND CRIMINAL LIABILITY AND IS NOT PRACTICING NURSING AND IS EXEMPT FROM ALL APPLICABLE STATUTORY AND REGULATORY PROVISIONS THAT RESTRICT WHAT ACTIVITIES MAY BE DELEGATED TO A PERSON WHO IS NOT A LICENSED MEDICAL PROFESSIONAL; AND TO DESIGNATE SECTIONS 44-39-10 THROUGH 44-39-50 AS ARTICLE 1, CHAPTER 39, TITLE 44 ENTITLED "DIABETES INITIATIVE OF SOUTH CAROLINA" AND TO RENAME CHAPTER 39, TITLE 44 AS "DIABETES".
Senator RYBERG spoke on the Bill.
Senator RYBERG asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator SETZLER objected.
Read the first time and referred to the Committee on Medical Affairs.
H. 3998 (Word version) -- Reps. Limehouse, Sharpe, Rhoad, Scarborough, R. Brown, Cato, Meacham-Richardson and J.R. Smith: A JOINT RESOLUTION TO PROVIDE THAT A PERSON MAY NOT OWN, POSSESS, OR OPERATE USED FARM EQUIPMENT THAT WAS IMPORTED FROM A COUNTRY DETERMINED TO BE A THREAT FOR THE SPREAD OF HOOF AND MOUTH DISEASE, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE MUST SEIZE AND DISPOSE OF ANY EQUIPMENT THAT VIOLATES THE PROVISIONS OF THIS JOINT RESOLUTION, AND TO PROVIDE THAT ONCE THE FEDERAL GOVERNMENT DETERMINES A COUNTRY IS CLEAR OF A THREAT OF THIS DISEASE, THEN THE STATE'S BAN ON THE OWNERSHIP, POSSESSION, OR USE OF EQUIPMENT IMPORTED FROM THAT COUNTRY IS RESCINDED.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4095 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF EASLEY AND DACUSVILLE AREA SCHOOLS ON APRIL 26, 2001, NAMELY BY STUDENTS AT CROSSWELL ELEMENTARY, DACUSVILLE ELEMENTARY, DACUSVILLE MIDDLE, EASLEY HIGH, EAST END ELEMENTARY, FOREST ACRES ELEMENTARY, GETTYS MIDDLE, MCKISSICK ELEMENTARY, NORTHSIDE CHILD DEVELOPMENT, SIMPSON ACADEMY, AND WEST END ELEMENTARY BECAUSE OF A WATER LINE BREAK BE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and, on motion of Senator MOORE, with unanimous consent, ordered placed on the Local and Uncontested Calendar without reference.
H. 4097 (Word version) -- Reps. Scarborough, Owens, G.M. Smith, J. Young, Sinclair, D.C. Smith, Talley, Bingham, Weeks, Snow, Haskins, Coates, Allen, Bales, Perry, Rivers, Thompson, White, Bowers, Breeland, R. Brown, Freeman, Harrell, Leach, Limehouse and Merrill: A BILL TO AMEND SECTIONS 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, BOTH SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON DURATION OF SERVICE IN THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
H. 4121 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT MEMBERS OF THE CALHOUN COUNTY TRANSPORTATION COMMITTEE, IN PERFORMANCE OF THEIR DUTIES, BE PAID FIFTY DOLLARS FOR EACH MEETING A MEMBER ATTENDS.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 4123 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: A CONCURRENT RESOLUTION TO COMMEND USC - AIKEN, ITS FACULTY, STAFF, STUDENTS, ORGANIZERS, AND SUPPORTERS FOR ITS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND THE CITIZENS OF OUR STATE ON THE OCCASION OF ITS FORTIETH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4130 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARIE FRIERSON OF COLUMBIA UPON RECEIVING THE COMMISSIONER'S AWARD FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN WASHINGTON, D. C., FOR HER OUTSTANDING LEADERSHIP AND SERVICE IN THE PREVENTION OF CHILD ABUSE AND NEGLECT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4131 (Word version) -- Reps. J. Young, G.M. Smith, Harvin, G. Brown, Weeks and J.H. Neal: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MR. FRANCIS MARION MOISE, JR., OF SUMTER, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4132 (Word version) -- Reps. Rivers, Bowers, Knotts, Koon and Frye: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILLIAM C. ANDERSON, JR., MUNICIPAL JUDGE OF THE CITY OF HAMPTON, FOR HIS DISTINGUISHED THIRTY-FIVE-YEAR CAREER ON THE BENCH UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4137 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION APPLAUDING THE PEE DEE ACADEMY LADY EAGLES ON THEIR SECOND STRAIGHT SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AA STATE VOLLEYBALL CHAMPIONSHIP, AND RECOGNIZING THE MULLINS TEAM AND COACH LORIE ANN BAXLEY FOR THEIR COMEBACK FROM THE LOSS OF FIVE SENIORS ON THE 1999 TITLE TEAM TO AN ASTOUNDING UNDEFEATED 19-0 CHAMPIONSHIP RUN IN 2000.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4138 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE "LADY EAGLES" BASKETBALL TEAM OF PEE DEE ACADEMY FOR THEIR REMARKABLE SEASON AND TO CONGRATULATE THEM ON WINNING THE 2000-2001 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4141 (Word version) -- Rep. Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE RUFUS CALVIN BARKLEY, JR.'S, LIFE AND HIS OUTSTANDING ACHIEVIEMENT AND GENEROUS CONTRIBUTIONS, LEADERSHIP, AND SERVICE TO THE CITY OF CHARLESTON AND TO EXTEND THE DEEPEST SYMPATHY AND SINCERE CONDOLENCES OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. BARKLEY'S WONDERFUL FAMILY AND IMMEASURABLE NUMBER OF FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4149 (Word version) -- Reps. Chellis, A. Young and Owens: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE SUMMERVILLE HIGH SCHOOL BOYS TRACK TEAM FOR WINNING THE AAAA STATE CHAMPIONSHIP SATURDAY, MAY 12, 2001, AND WISH THE TEAM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4150 (Word version) -- Reps. Carnell, Lourie, Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WILLIAM RUSSELL "BILL" FLOYD, OF COLUMBIA, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4151 (Word version) -- Reps. J. M. Neal and Emory: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MAE "MISS MAE" W. CATOE OF LANCASTER COUNTY FOR OVER FORTY-SEVEN YEARS OF DEVOTED AND DISTINGUISHED SERVICE ON THE LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION AND TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HER FOR HER LIFETIME OF CONTINUING COMMITMENT TO PUBLIC SERVICE.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator MESCHER from the General Committee polled out H. 3937 favorable:
H. 3937 (Word version) -- Reps. Sinclair, Allison, Bales, Battle, Littlejohn, Lourie, Miller, J.M. Neal, Owens, Rivers, Sandifer, J.E. Smith, W.D. Smith, Stille, Walker, Weeks, Wilder and Talley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES POSTAL SERVICE TO CREATE A REIDVILLE MAILING ADDRESS FOR THOSE RESIDENTS LIVING IN AND NEAR THE TOWN OF REIDVILLE IN SPARTANBURG COUNTY.
AYES
Mescher Holland Thomas Wilson O'Dell Martin Alexander Ryberg Richardson Matthews Patterson McGill Passailaigue Hayes Elliott Hawkins Pinckney
Ordered for consideration tomorrow.
Columbia, S.C., May 16, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Stuart, Rodgers and J. Hines to the Committee of Conference on the part of the House on:
H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 163 (Word version) -- Senators Martin and Reese: 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 FIFTY THOUSAND DOLLARS IN A FISCAL YEAR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
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.
Returned with concurrence.
Received as information.
S. 684 (Word version) -- Senators Moore, Ryberg and Setzler: A CONCURRENT RESOLUTION TO HONOR WELDON WYATT OF AIKEN COUNTY FOR HIS ABUNDANT CONTRIBUTIONS TO THE ADVANCEMENT OF EDUCATION IN AIKEN COUNTY AND THE EDUCATION OF AIKEN COUNTY RESIDENTS AND TO CONGRATULATE HIM ON BEING SELECTED TO RECEIVE A JEFFERSON AWARD BY THE AMERICAN INSTITUTE FOR PUBLIC SERVICE.
Returned with concurrence.
Received as information.
S. 686 (Word version) -- Senators J. Verne Smith, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE CONGRATULATIONS AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HIGHLY ESTEEMED DR. VIRGINIA ULDRICK OF GREENVILLE ON THE OCCASION OF COMPLETING HER FIFTIETH YEAR OF PUBLIC SERVICE IN ARTS EDUCATION IN THE PALMETTO STATE AND WISHING HER MANY MORE YEARS OF DEVELOPING INNOVATIVE CONCEPTS AND PROGRAMS IN THE ARTS, HUMANITIES, AND OTHER ACADEMIC STUDIES.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 419 (Word version) -- Senators Pinckney, Drummond, Matthews, J. Verne Smith, Passailaigue, Ford, Glover, McConnell, Grooms and Jackson: A BILL TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT.
H. 3272 (Word version) -- Reps. Neilson, Jennings, Cato, Riser, Altman, Askins, Bales, Barfield, Barrett, Bingham, J. Brown, Chellis, Coates, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Gilham, Gourdine, Harrison, Harvin, Hayes, J. Hines, Hosey, Littlejohn, Lloyd, Lucas, McCraw, McGee, J.M. Neal, Owens, Phillips, Scarborough, Scott, F.N. Smith, J.R. Smith, Stuart, Taylor, Vaughn, Webb, Weeks, White, Witherspoon and Simrill: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF NASCAR SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (NBD\11754AC01), which was adopted:
Amend the bill, as and if amended, Section 56-3-8710(C), page 2, line 33 by deleting /one-half/ and inserting /one-fourth/; page 3, line 10 by deleting /and/; page 3, line 16 by deleting /./ and inserting /; and/; and page 3, immediately after line 16 by inserting:
/(4) one-fourth to the South Carolina Sports Hall of Fame./
Renumber sections to conform.
Amend title to conform.
Senator WILSON 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.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 4062 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, AND ENDING JUNE 30, 2002.
Senator GLOVER asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Joint Resolution was read the second time.
On motion of Senator GLOVER, with unanimous consent, H. 4062 was ordered to receive a third reading on Friday, May 18, 2001.
S. 680 (Word version) -- Senator Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREA FROM WHICH A MEMBER OF THE BOARD SHALL BE ELECTED IN 2002, AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN 2002, AND EVERY TEN YEARS THEREAFTER BASED ON THE RESULTS OF THE DECENNIAL CENSUS, SHALL ALSO PROVIDE BY LAW FOR FURTHER REAPPORTIONMENT OF THE NUMBER OF THE MEMBERS OF THE BOARD WHO MUST RESIDE IN SPECIFIED AREAS TO REFLECT POPULATION CHANGES SINCE THE LAST DECENNIAL CENSUS.
Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time.
On motion of Senator RAVENEL, with unanimous consent, S. 680 was ordered to receive a third reading on Friday, May 18, 2001.
Senators McConnell, RAVENEL, MESCHER, GROOMS and BRANTON desired to be recorded as voting in favor of the third reading of the Bill.
Senators PINCKNEY and PASSAILAIGUE desired to be recorded as voting against the third reading of the Bill.
H. 3290 (Word version) -- Reps. Walker, Allen, Allison, Bales, Barfield, Barrett, Battle, Breeland, G. Brown, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Townsend, Trotter, Vaughn, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young, Loftis and Askins: A BILL TO AMEND SECTION 40-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING PROCEDURES FOR CARE AND REFERRAL OF PATIENTS AND TO MAINTAIN THE PROHIBITION AGAINST PERFORMING SURGERY.
The Senate proceeded to a consideration of the committee amendment, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\11738AC01), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-37-105(B)(1), on page 3, and inserting:
/(1) when prescribing oral and topically applied medications, a therapeutically certified optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics and may only prescribe these pharmaceutical agents for the treatment of ocular and ocular adnexal eye disease. An optometrist may only prescribe these medications for the treatment of ocular and ocular adnexal eye disease; /
Amend the bill, further, Section 40-37-105(B), page 4, by deleting lines 9 through 15 and inserting:
/ (5) when treating glaucoma using beta blocking pharmaceutical agents, a therapeutically certified optometrist must consult personally with or refer to a family practitioner, general practitioner, internist, or other appropriate physician;
(6) no medications may be given by injection or intravenously./
Renumber sections to conform.
Amend title to conform.
Senator THOMAS 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.
On motion of Senator ALEXANDER, with unanimous consent, H. 3290 was ordered to receive a third reading on Friday, May 18, 2001.
H. 3379 (Word version) -- Rep. J. Brown: A JOINT RESOLUTION TO ESTABLISH THE NEWBORN EYE SCREENING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SCREENING NEWBORN CHILDREN FOR CERTAIN OCULAR DISEASES AND ABNORMALITIES.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\11747AC01), which was adopted:
Amend the bill, as and if amended, Section 1(D), page 2, line 32 by deleting /January 1, 2002/ and inserting /March 1, 2002/.
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.
The following Bills and Resolutions were carried over:
H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
H. 3696 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.
On motion of Senator MOORE, with unanimous consent, the Joint Resolution was carried over.
H. 4015 (Word version) -- Reps. Breeland, Whipper, Harrell, Weeks, Limehouse, Allison, Bowers, R. Brown, Dantzler, Emory, Gourdine, J. Hines, M. Hines, Hosey, Law, Lloyd, Mack, Meacham-Richardson, Miller, J.M. Neal, Rivers, Scarborough, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-693 SO AS TO DESIGNATE PORGY AND BESS AS THE OFFICIAL OPERA OF THIS STATE AND TO PROVIDE THAT COPYRIGHTED OR PROPRIETARY MATERIAL FROM PORGY AND BESS MAY NOT BE USED WITHOUT THE PERMISSION OF THE OWNERS OF THAT MATERIAL.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.
S. 601 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH PERSONS MUST REGISTER AND REPORT TO THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN TO THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS IN THIS STATE, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED IN THIS STATE; TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO INCLUDE NEW DEFINITIONS AND REVISE CERTAIN EXISTING DEFINITIONS; TO AMEND SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION'S OBLIGATION TO AN INSURED CEASES WHEN TEN MILLION DOLLARS HAS BEEN PAID TO OR ON BEHALF OF THE INSURED AND TO ALLOW FOR ALLOCATION OF PAYMENTS WHEN THERE IS MORE THAN ONE CLAIMANT WITH A COVERED CLAIM; TO AMEND SECTION 38-31-70, AS AMENDED, RELATING TO THE PLAN OF OPERATION FOR THE ADMINISTRATION OF THE GUARANTY ASSOCIATION, SO AS TO AUTHORIZE REPORTING AND THE DELEGATION OF CERTAIN AUTHORITY TO AN ASSOCIATION SIMILAR TO THE GUARANTY ASSOCIATION; TO AMEND SECTION 38-31-90, AS AMENDED, RELATING TO RIGHTS OF THE GUARANTY ASSOCIATION REGARDING CLAIMANTS PAID AND ASSETS OF INSOLVENT INSURERS, SO AS TO PROVIDE THAT THE ASSOCIATION HAS THE RIGHT TO RECOVER THE AMOUNT OF A CLAIM PAID FROM CERTAIN INSUREDS AND AFFILIATES OF AN INSOLVENT INSURER; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO PROCEDURES REQUIRED TO BE FOLLOWED BY PERSONS ASSERTING CLAIMS AND TO LIMITATIONS ON CLAIMS, SO AS TO REVISE THESE PROVISIONS; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES AND THE CREDITING OF RETURN PREMIUMS WHICH RESULT IN A SURPLUS, SO AS TO ALLOW A REFUND OF SURPLUS TO AN AGENT OF AN INSURED AND TO PROVIDE THAT NO REFUND IS REQUIRED IF IT AMOUNTS TO LESS THAN FIVE DOLLARS, RATHER THAN THREE DOLLARS; TO AMEND SECTION 38-43-80, AS AMENDED, RELATING TO LICENSE FEES FOR AGENTS OF INSURERS, SO AS TO PROVIDE THAT FEES MUST BE PAID AS PRESCRIBED BY THE DEPARTMENT, RATHER THAN PAID IN ADVANCE; TO AMEND SECTION 38-55-30, AS AMENDED, RELATING TO THE AMOUNT OF RISK THAT AN INSURER OR CAPTIVE INSURER MAY EXPOSE ITSELF TO, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CAPTIVE INSURERS; TO AMEND SECTION 38-71-1370, AS AMENDED, RELATING TO THE APPLICATION OF GROUP ACCIDENT AND HEALTH INSURANCE PROVISIONS TO SMALL EMPLOYER INSURERS, SO AS TO EXCLUDE COVERAGE TO LATE ENROLLEES FOR A PERIOD OF TIME; TO AMEND SECTION 38-71-1980, RELATING TO EXPEDITED EXTERNAL REVIEWS, SO AS TO CHANGE AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 38-87-40, AS AMENDED, RELATING TO REQUIREMENTS FOR OUT-OF-STATE CHARTERED RISK RETENTION GROUPS TO DO BUSINESS IN SOUTH CAROLINA, SO AS TO PROVIDE THAT SUCH GROUP IS SUBJECT TO TAXATION AS AN ADMITTED INSURER WOULD BE, RATHER THAN AS A FOREIGN ADMITTED INSURER WOULD BE; TO AMEND SECTION 38-90-60, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 38-90-140, RELATING TO TAX PAYMENTS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THESE TAXES MUST BE PAID TO THE DEPARTMENT OF INSURANCE RATHER THAN TO THE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 38-90-180, RELATING TO THE APPLICATION OF CERTAIN PROVISIONS OF THE REHABILITATION AND LIQUIDATION ACT TO CAPTIVE INSURANCE COMPANIES, SO AS TO ALSO APPLY CERTAIN PROVISIONS OF THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT TO THESE COMPANIES; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO PROCEDURES THAT MOTOR VEHICLE INSUREDS AND INSURERS MUST FOLLOW IF A MOTOR VEHICLE SUBJECT TO FINANCIAL RESPONSIBILITY REQUIREMENTS BECOMES UNINSURED, SO AS TO PROVIDE THAT NOTICE MUST BE GIVEN TO THE DEPARTMENT OF INSURANCE IF THE LAPSE OR TERMINATION OCCURRED WITHIN THREE MONTHS OF THE ISSUANCE OF A NEW POLICY; AND TO AMEND SECTION 56-10-280, AS AMENDED, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PROVIDE THAT, IF A CHECK TENDERED BY THE INSURED IS RETURNED FOR INSUFFICIENT FUNDS, THE CANCELLATION IS EFFECTIVE AS OF THE POLICY INCEPTION OR RENEWAL DATE.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
H. 3480 (Word version) -- Reps. J.E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
On motion of Senator COURSON, with unanimous consent, the Bill was carried over.
S. 654 (Word version) -- Senators Patterson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE DEPARTMENT OF CORRECTIONS HEADQUARTERS BUILDING THE "WILLIAM D. LEEKE BUILDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3687, THE GENERAL APPROPRIATION BILL.
H. 3687--GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill, the question being the adoption of the Report proposed by the Senate Finance Committee.
Senator LEVENTIS spoke on the Bill.
At 12:17 P.M., the PRESIDENT assumed the Chair.
Senator LEVENTIS spoke on the Bill.
At 2:44 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate receded from business not to exceed 30 minutes.
At 3:20 P.M., the Senate resumed.
At 3:20 P.M., Senator MARTIN assumed the Chair.
At 3:21 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business until 4:00 P.M.
At 4:05 P.M., the Senate resumed.
At 4:05 P.M., Senator MARTIN assumed the Chair.
At 4:05 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator WILSON, with unanimous consent, the Senate receded from business until 4:30 P.M.
At 4:35 P.M., the Senate resumed.
At 4:40 P.M., Senator MARTIN assumed the Chair.
At 4:40 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business until 4:30 P.M.
At 5:15 P.M., the Senate resumed.
At 5:17 P.M., Senator MARTIN assumed the Chair.
At 5:17 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business not to exceed thirty minutes.
At 5:47 P.M., the Senate resumed.
At 5:47 P.M., Senator MARTIN assumed the Chair.
At 5:47 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator McConnell, with unanimous consent, the Senate receded from business not to exceed thirty minutes.
At 6:30 P.M., the Senate resumed.
At 6:30 P.M., Senator MARTIN assumed the Chair.
Senator LEVENTIS was recognized.
At 6:30 P.M., Senator MATTHEWS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator RAVENEL moved that the Senate stand adjourned.
A roll call vote was ordered.
Senator RICHARDSON made a Parliamentary Inquiry as to the motion to adjourn, if adopted, whether the Senate would stand adjourned to meet on Tuesday, May 22, 2001, at 12:00 Noon.
The ACTING PRESIDENT stated that, if the motion were adopted, the Senate would stand adjourned to meet on Tuesday, May 22, 2001, at 11:00 A.M.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Anderson Ravenel Richardson Ryberg
Alexander Branton Courson Fair Ford Giese Glover Grooms Hawkins Hayes Hutto Jackson Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Rankin Reese Ritchie Saleeby Setzler Short Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to stand adjourned.
At 6:41 P.M., the PRESIDENT assumed the Chair.
Senator LEVENTIS spoke on the Bill.
Senator RYBERG asked unanimous consent to make a motion to remove all essential project items from the General Appropriation Bill to which Senator LEVENTIS has referred.
Senator MOORE objected.
Senator LEVENTIS spoke on the Bill.
Senator RYBERG asked unanimous consent to make a motion to remove all essential project items from the General Appropriation Bill to which Senator LEVENTIS has referred and proceed to a consideration of any amendments.
Senator MOORE objected.
Senator LEVENTIS spoke on the Bill.
Senator HUTTO spoke on the Bill.
Senator RICHARDSON asked unanimous consent to make a motion to delete any item cutting public education from the General Appropriation Bill.
Senator MOORE objected.
Senator HUTTO spoke on the Bill.
Senator RYBERG asked unanimous consent to make a motion to remove any item which reduces funds to the Department of Corrections from the General Appropriation Bill.
Senator LAND objected.
Senator HUTTO spoke on the Bill.
Senator RICHARDSON asked unanimous consent to make a motion to remove any item which reduces funds to the Department of Health and Human Services Finance Commission from the General Appropriation Bill.
Senator PATTERSON objected.
Senator HUTTO spoke on the Bill.
With Senator HUTTO retaining the floor, Senator MOORE asked unanimous consent to make a motion that all funding for state agencies be restored to the 1999-2000 level.
Senator LEATHERMAN objected.
Senator HUTTO spoke on the Bill.
With Senator HUTTO retaining the floor, Senator LAND asked unanimous consent to make a motion that $40 million be allocated to fund the First Steps to School Readiness Program contained in Section 1, Department of Education.
Senator THOMAS objected.
Senator HUTTO spoke on the Bill.
Senator BRANTON asked unanimous consent to make a motion that the Senate take up the first amendment for immediate consideration.
Senator HUTTO objected.
Senator HUTTO spoke on the Bill.
Senator FAIR raised a Point of Order that Proviso 1.66 of Part 1B of H. 3687, the General Appropriation Bill, was out of order inasmuch as it was violative of Rule 24A.
1.66. (SDE: Fees - Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees of any school district which does not have the authority by any special act of the General Assembly to charge the cost of educational materials and supplies is authorized to charge a fee to offset the cost of education materials and supplies. The board of trustees of each school district which charges such fees is directed to develop rules and regulations for such fees which take into account the student's ability to pay and to hold the fee to a minimum reasonable amount. Fees may not be charged to students eligible for free lunch and must be pro rata for students eligible for reduced price lunches, if the parents or guardians of these students so request.
The PRESIDENT took the Point of Order under advisement.
Senator MOORE raised a Point of Order that the Point of Order made by Senator FAIR was out of order inasmuch as he did not have the floor in order to make the motion.
Senator HUTTO spoke on the Bill.
At 7:37 P.M., Senator MARTIN assumed the Chair.
Senator HUTTO spoke on the Bill.
Senator RICHARDSON asked unanimous consent to take up the first amendment to H. 3687, the General Appropriation Bill, for immediate consideration.
Senator LEVENTIS objected.
Senator HUTTO spoke on the Bill.
Senator MOORE asked unanimous consent to take up the first amendment for immediate consideration.
There was no objection.
At 7:52 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Courson Drummond Fair Ford Giese Glover Gregory Grooms Hawkins Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Richardson Ritchie Ryberg Saleeby Setzler Short Smith, J. Verne Verdin Waldrep Wilson
A quorum being present, the Senate resumed.
Senators HAYES, BRANTON, THOMAS, ELLIOTT, RAVENEL and PEELER recorded their presence subsequent to the Call of the Senate.
Senator SHORT raised a Point of Order that Proviso 63G.7 was out of order inasmuch as it was violative of Rule 24A and violative of Section 1-11-710 of the S. C. Code of Laws, 1976, as amended.
63G.7. (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the life of the mother is in jeopardy, and the State Health Plan may not offer coverage for abortion services.
The ACTING PRESIDENT took the Point of Order under advisement.
Senators MATTHEWS, SHORT, LAND, SETZLER, MOORE and HUTTO proposed the following Amendment No. 41B (FSTEPS02.DOC), which was tabled:
(Reference is the Senate Finance Committee Report)
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 23, line 2, by:
COLUMN 7 COLUMN 8
/ STRIKING: 32,618,646 29,618,646
and
INSERTING: 44,618,646 41,618,646/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT was recognized to explain the amendment.
Senator RICHARDSON moved to table the amendment.
Senator SETZLER raised a Point of Order that the motion to table was out of order inasmuch as the Senator did not have the floor to make the motion.
The ACTING PRESIDENT sustained the Point of Order.
Senator SHORT explained the amendment.
Senator MOORE asked unanimous consent to make a motion that monies for special projects be deleted from the General Appropriation Bill.
Senator J. VERNE SMITH objected.
Senator SHORT continued explaining the amendment.
At 8:34 P.M., the PRESIDENT assumed the Chair.
Senator SHORT continued explaining the amendment.
Senator SHORT moved that the amendment be adopted.
Senator GROOMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Fair Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Courson Drummond Elliott Ford Giese Glover Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator RICHARDSON argued contra to the adoption of the amendment.
At 9:12 P.M., Senator McConnell assumed the Chair.
Senator RICHARDSON argued contra to the adoption of the amendment.
At 9:15 P.M., the PRESIDENT assumed the Chair.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator MOORE asked unanimous consent to make a motion that monies for special projects be deleted from the General Appropriation Bill.
Senator RYBERG objected.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator GROOMS asked unanimous consent to make a motion that monies for the Boineau Boat Landing, as contained in Proviso 72.110 totalling $600,000, be deleted from the General Appropriation Bill and the monies allocated to the First Steps to School Readiness Program, as contained in Section 1, Department of Education.
There was no objection and the motion was adopted.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator RICHARDSON asked unanimous consent to make a motion to substitute an amendment for the current amendment.
Senator McConnell objected.
Senator RICHARDSON argued contra to the adoption of the amendment.
At 9:17 P.M., Senator MARTIN assumed the Chair.
Senator RICHARDSON argued contra to the adoption of the amendment.
With Senator RICHARDSON retaining the floor, Senator LAND asked unanimous consent to make a motion to restore the monies contained in Provisos 72.87 and 69A.2, totalling $31,165,870, which were ruled out of order on May 15, 2001.
Senator McConnell objected.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator HAWKINS argued contra to the adoption of the amendment.
At 11:01 P.M., the PRESIDENT assumed the Chair.
Senator HAWKINS argued contra to the adoption of the amendment.
With Senator HAWKINS retaining the floor, Senator GROOMS asked unanimous consent to make a motion that each county's First Steps Partnership Board receive funding on a pro rata share of the total funds available in the 2001-02 General Appropriation Bill based on the total of the grant requests from each county board.
Senator PASSAILAIGUE objected.
I support First Steps and was disappointed that there was an objection to my unanimous consent request that would have assured that each county in our State would have had funding for their problems.
Senator HAWKINS argued contra to the adoption of the amendment.
With Senator HAWKINS retaining the floor, Senator RITCHIE rose for an Expression of Personal Interest.
Senator HAWKINS argued contra to the adoption of the amendment.
At 12:05 A.M., Senator MARTIN assumed the Chair.
Senator HAWKINS argued contra to the adoption of the amendment.
Senator HAWKINS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Courson Drummond Elliott Ford Glover Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Amendment No. 41B was laid on the table.
The last amendment spent almost $12 million on a program which did not even spend what it had last year. This is in the face of the General Appropriation Bill being over $31 million in the red. We must preserve the auto property tax cut of $20 million and the $11 million additional residential property tax that will keep the home tax relief where it is.
It is not a question of First Steps but one of fiscal prudence. The State is suffering a half billion dollar shortfall in revenue. We are facing layoffs and prison closings. Our state employees need cost of living increases. The cost of this amendment is equal to a .75% pay increase for state employees.
It is a question of choices. If we have $12 million, should it go for shortages in pay increases, higher education, prisons, etc., or for a new program with a surplus from the prior fiscal year? Should it go for any when we are in debt and recurring expenses are already covered with nonrecurring monies? This just compounds the problem and also passes it on to the next year. In my opinion, the reasonable conservative fiscal thing is to table the amendment. We cannot spend money we do not have.
Senator PATTERSON was recognized to speak on the Bill.
Senator THOMAS raised a Point of Order that the next order of business would be the subsequent amendment and the Senator would be out of order in speaking on the Bill.
Senator MOORE spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PATTERSON spoke on the Bill.
Senator GROOMS raised a Point of Order that the Senator was out of order in speaking on the Bill inasmuch as there had been an earlier unanimous consent request to take up amendments.
The PRESIDENT overruled the Point of Order.
Senator PATTERSON spoke on the Bill.
Senator HUTTO spoke on the Bill.
At 1:46 A.M., Senator ALEXANDER assumed the Chair.
Senator HUTTO spoke on the Bill.
Senator MATTHEWS spoke on the Bill.
At 3:42 A.M., Senator PEELER assumed the Chair.
Senator MATTHEWS spoke on the Bill.
At 3:45 A.M., with Senator MATTHEWS retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed twenty minutes.
At 4:10 A.M., the Senate resumed.
At 4:10 A.M., with Senator MATTHEWS retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed twenty minutes.
At 5:14 A.M., the Senate resumed.
Senator MATTHEWS spoke on the Bill.
Senator MATTHEWS moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Ford Glover Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Setzler Short
Alexander Bauer Courson Fair Giese Grooms Hawkins Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to adjourn.
Senator RYBERG spoke on the Bill.
At 6:00 A.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Ford Glover Jackson Land Leventis Matthews Moore Passailaigue Patterson Pinckney Rankin Reese Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to adjourn.
Senator RYBERG resumed speaking on the Bill.
Senator LEVENTIS raised a Point of Order that the Senator was not speaking directly on the General Appropriation Bill.
The PRESIDENT overruled the Point of Order.
At 6:23 A.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that the Senate stand adjourned.
A roll call vote was ordered.
Senator HAWKINS raised a Point of Order that the motion to adjourn was out of order inasmuch as the Senator making the motion did not have the floor and the motion required unanimous consent.
The PRESIDENT overruled the Point of Order.
The question then was the motion to adjourn.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Jackson Land Leatherman Leventis Martin Matthews McConnell Mescher Moore Passailaigue Patterson Peeler Pinckney Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to adjourn.
Senator RYBERG resumed speaking on the Bill.
At 6:40 A.M., Senator RITCHIE assumed the Chair.
Senator RYBERG resumed speaking on the Bill.
At 6:45 A.M., the PRESIDENT assumed the Chair.
Senator RYBERG moved to invoke Rule 3b.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Drummond Ford Glover Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Pinckney Reese Setzler Short
At 6:55 A.M., Rule 3b was invoked. The Sergeant-at-Arms was directed to send for the absentee members.
Senator PINCKNEY spoke on the Bill.
Senator RICHARDSON raised a Point of Order that the speaker was out of order inasmuch as he was not speaking directly on the General Appropriation Bill.
The PRESIDENT overruled the Point of Order.
Senator PINCKNEY spoke on the Bill.
At 7:11 A.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator PINCKNEY spoke on the Bill.
Senator HAWKINS asked unanimous consent to make a motion to rescind Rule 3b.
Senator PEELER objected.
Senator PINCKNEY spoke on the Bill.
At 7:17 A.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator PINCKNEY spoke on the Bill.
At 7:20 A.M., Senator MARTIN assumed the Chair.
Senator PINCKNEY spoke on the Bill.
With Senator PINCKNEY retaining the floor, Senator MOORE asked unanimous consent to make a motion to eliminate special projects totaling $11,476,390 from Part 1B, Section 72.110 of the General Appropriation Bill.
Senator THOMAS objected.
Senator PINCKNEY spoke on the Bill.
Senator FORD made a Parliamentary Inquiry as to whether the members were required to be within the confines of the Senate Chamber while Rule 3b was invoked.
The ACTING PRESIDENT stated that under the provisions Rule 3b, "any member within the confines of the chamber and the antechamber shall be counted for purposes of determining a quorum."
Senator PINCKNEY spoke on the Bill.
With Senator PINCKNEY retaining the floor, Senator MOORE asked unanimous consent to make a motion that the First Steps for School Readiness Program be increased by $7 million.
Senator THOMAS objected.
With Senator PINCKNEY retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Accountability Components be increased by $13,162,076 million.
Senator THOMAS objected.
With Senator PINCKNEY retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Employer Contribution for Employee Health Insurance be increased by $7 million.
Senator THOMAS objected.
With Senator PINCKNEY retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Teacher Salaries for Unsatisfactory Districts be increased by $3.2 million.
Senator LEATHERMAN objected.
With Senator PINCKNEY retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Higher Education Performance Funding be increased by $30 million.
Senator LEATHERMAN objected.
Senator PINCKNEY spoke on the Bill.
With Senator PINCKNEY retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Employee Pay Package be increased from 2% to 3% for those individuals earning less than $30,000 per annum and increased from 1% to 2% for those individuals earning more than $30,000 per annum.
Senator LEATHERMAN objected.
Senator PINCKNEY spoke on the Bill.
Senator RICHARDSON raised a Point of Order that the speaker was out of order inasmuch as he was not speaking directly on the General Appropriation Bill.
The ACTING PRESIDENT overruled the Point of Order.
Senator RICHARDSON asked unanimous consent to make a motion that Senator PINCKNEY yield the floor and the Senate take up the next amendment for consideration.
Senator PINCKNEY objected and declined to yield.
Senator PINCKNEY spoke on the Bill.
At 8:04 A.M., the PRESIDENT assumed the Chair.
Senator PINCKNEY spoke on the Bill.
Senator MARTIN moved to revoke Rule 3b.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Ford Martin McConnell Mescher Reese Smith, J. Verne Waldrep
Anderson Bauer Branton Drummond Fair Giese Glover Grooms Hawkins Hayes Hutto Jackson Land Leatherman Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Peeler Pinckney Ravenel Ritchie Ryberg Setzler Short Thomas Verdin Wilson
The Senate refused to revoke Rule 3b.
Senator PINCKNEY spoke on the Bill.
Senator GROOMS raised a Point of Order that the motion to revoke Rule 3b was out of order inasmuch as Senator MARTIN did not have the floor.
The PRESIDENT overruled the Point of Order.
Senator PINCKNEY spoke on the Bill.
Senator PASSAILAIGUE spoke on the Bill.
At 8:25 A.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed twenty minutes.
At 9:15 A.M., the Senate resumed.
Senator McCONNELL asked unanimous consent to make a motion that, when the Senate stands adjourned on the legislative day of Thursday, May 17, 2001, it stand adjourned to meet on Friday, May 18, 2001, at 10:30 A.M.
On motion of Senator McCONNELL, with unanimous consent, Rule 3b was revoked.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator PASSAILAIGUE retaining the floor.
Having received a favorable report from the Richland County Delegation, the following appointment was confirmed in open session:
Reappointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Clevette LaVonne Hudnell, 6904 Gavilan Avenue, Columbia, S.C. 29203
On motion of Senators MARTIN, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN, WALDREP and WILSON, with unanimous consent, the Senate stood adjourned in honor of Mary Copeland Morgan of Piedmont, S.C., born today at 7:36 P.M. and weighing 8 lbs. 11 oz. Mary is the beloved daughter of Brantlee and Jon Morgan and the first grandchild of Senator and Mrs. HARVEY PEELER.
At 9:16 A.M., on motion of Senator McConnell, the Senate adjourned to meet Friday, May 18, 2001, at 10:30 A.M.
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