THURSDAY, MAY 18, 2000
Thursday, May 18, 2000
(Statewide Session)
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 the wise man of old who speaks to every age, Chapter 16 in Proverbs:
“We can make our plans, but the final outcome is in God’s hands...
Commit your work to the Lord, then it will succeed.”
Let us pray.
Father, election year sort of complicates our problems. Sometimes our people expect us to work miracles for them.
Help us to release the stress and relax with peaceful minds when we have done the best we can do, remembering:
“We can make our plans, but the final outcome is in God’s hands.”
Help us to take heart when we hear the ancient words, “COMMIT YOUR WORK TO THE LORD, THEN IT WILL SUCCEED.”
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Doctor of the Day
Senator ALEXANDER introduced Dr. Jim Pruitt of Seneca, S.C., Doctor of the Day.
RECALLED
H.4685 -- Rep.W.McLeod: A BILL TO AMEND SECTION 402310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF “OPERATOR” AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 402380, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 4023230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 4023280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 4023300, 40-23-305 AND 4023310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.3341 -- Reps. Cato and Mason: A BILL TO AMEND SECTION 3873910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
RECALLED
S.984 -- Senators Waldrep, Elliott, Hayes, Setzler, Wilson, Leatherman, Branton, Reese, Leventis and Rankin: A JOINT RESOLUTION TO APPROPRIATE TWO HUNDRED TWO THOUSAND DOLLARS FROM THE GENERAL FUND OF THE STATE, REPRESENTING ONE DOLLAR FOR EACH SOUTH CAROLINIAN WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II AS THIS STATE’S CONTRIBUTION TOWARD THE CONSTRUCTION OF THE NATIONAL WORLD WAR II MEMORIAL ON THE MALL IN WASHINGTON, D.C.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.
There was no objection.
The Resolution was recalled, ordered placed on the Calendar for consideration tomorrow.
RECALLED
S.1131 -- Senator Hayes: A BILL TO AMEND SECTION 421560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS’ COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS’ COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE’S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION AT LAW AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS’ COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS, AND TO PROVIDE THAT THE WORKERS’ COMPENSATION COMMISSION HAS JURISDICTION IN SUCH CASES TO APPROVE SETTLEMENTS AND ATTORNEY’S FEES IN CONNECTION WITH CLAIMS AND ACTIONS AGAINST THIRD PARTIES.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.3750 -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H.Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M.McLeod, MeachamRichardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D.Smith, R.Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, YoungBrickell and Lucas: A BILL TO AMEND SECTION 1243224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
RETURN REQUESTED FROM THE HOUSE
S.575 -- Senator Giese: A BILL TO AMEND SECTION 12362120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Senator GIESE asked unanimous consent to request the return of the Bill to the Senate.
There was no objection.
A message was sent to the House accordingly.
RECALLED FROM LEGISLATIVE COUNCIL
THIRD READING RECONSIDERED
AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS
H.5024 -- Rep.Campsen: A BILL TO AMEND SECTION 77140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
Senator RAVENEL asked unanimous consent to recall the Bill from Legislative Council.
There was no objection.
The Bill was returned from Legislative Council, as requested.
Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the reconsideration of third reading of the Bill.
Senator RAVENEL proposed the following amendment (5024R000.AR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following: /
SECTION 1. Section 77140(B) of the 1976 Code, as last amended by Act 278 of 1998, is further amended to read:
“(B) The precinct lines defining the above precincts in Charleston County are as shown on the official map of the United States Census Bureau designated as P1998 P2000 on file with the Division of Research and Statistical Services of the State Budget and Control Board. The Division of Research and Statistical Services shall provide revised certified copies of maps of the above precincts defining precinct changes incorporated pursuant to this act to the State Election Commission and the Board of Voter Registration of the county by the Division of Research and Statistical Services.”
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RAVENEL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1396 -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HIGHWAY 8 EAST FROM WAREPLACE TO PELZER THE “JAMES WILLIAM CAMPBELL HIGHWAY”.
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The Concurrent Resolution was adopted, ordered sent to the House.
H.4781 -- Rep.W.McLeod: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES FROM ONE TO FOUR LEVELS, OR “CLASSES”, AND TO ORGANIZE SUCH LICENSES INTO THREE WELL CONSTRUCTION CATEGORIES: ROCK, COASTAL, AND ENVIRONMENTAL WELLS; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE THE REQUIREMENT FOR A PERCOLATION TEST TECHNICIAN LICENSEE; TO PROVIDE FOR ISSUANCE OF ADMINISTRATIVE CITATIONS FOR BOTH UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN SPECIFIED CRIMES; TO CLARIFY THAT THE BOARD’S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE EXISTING RECIPROCITY POWERS OF THE BOARD TO PERMIT CASE BY CASE ASSESSMENT OF INDIVIDUAL APPLICANTS SEEKING LICENSURE BASED ON LICENSURE IN FOREIGN JURISDICTIONS; TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION; TO ADD CLARIFYING DEFINITIONS; AND TO MODIFY THE CURRENT DEFINITION OF WELL TO INCLUDE ANY EXCAVATION MADE FOR THE PURPOSE OF ENVIRONMENTAL OR GEOLOGIC INVESTIGATION THAT IS REASONABLY LIKELY TO PENETRATE THE WATER TABLE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H.4934 -- Rep.Kelley: A BILL TO AMEND SECTION 371120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE “STATE CONTINUING CARE RETIREMENT COMMUNITY ACT”, SO AS TO REVISE THE DEFINITION OF “CONTINUING CARE CONTRACT” SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 3711135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
Read the first time and referred to the Committee on Banking and Insurance.
H.5047 -- Reps. Parks, Carnell and Klauber: A BILL TO AMEND SECTION 77290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO RENUMBER THE PRECINCTS AND CHANGE THE MAP NUMBER ON WHICH THE PRECINCTS ARE DESIGNATED.
Read the first time and on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Local and Uncontested Calendar without reference.
H.5058 -- Reps. YoungBrickell, Chellis, Bailey, Harrell and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43234 SO AS TO ALTER THE LINES OF CHARLESTON AND DORCHESTER COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Read the first time and on motion of Senator BRANTON, with unanimous consent, ordered placed on the Calendar without reference.
H.5058--Ordered to a Second and Third Reading
On motion of Senator BRANTON, with unanimous consent, H.5058 was ordered to receive a second and third reading on the next two consecutive legislative days.
H.5070 -- Reps. Emory and J.M.Neal: A BILL TO TRANSFER THE DUTIES OF THE REGISTER OF DEEDS PERFORMED BY THE CLERK OF COURT FOR LANCASTER COUNTY TO THE RECORDS MANAGEMENT DIRECTOR OF LANCASTER COUNTY.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H.5078 -- Reps. Chellis, YoungBrickell and Bailey: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.
Read the first time and, on motion of Senator BRANTON, with unanimous consent, ordered placed on the Calendar without reference.