TUESDAY, APRIL 11, 2000
Tuesday, April 11, 2000
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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 Psalmist as he tells his story in Psalm 40 (1ff.):
“I waited patiently for the Lord;
He inclined to me and heard my cry.
He drew me up from the desolate pit out of the miry bog, and
set my feet upon a rock, making my steps secure.
He put a new song in my mouth.”
Let us pray.
O Lord, our Lord God, give us a new song. We beseech Your Majesty, GIVE US A NEW SONG.
Pull us up from the desolate pit, out of the miry bog!
We confess that as members of the human race, we and our ancestors did, indeed, dig our own desolate pit. We, indeed, prepared our own bed... the “miry bog.”
We sinned! We erred! We dissembled, concealing our own real motivations under the guise of political and economic necessities! We feigned our own innocence!
We haven’t loved You with our whole heart! We have not loved our neighbor as ourselves!
But, give us the nerve to earnestly pray: Forgive us and deliver us out of this messy pit... this miry bog!
Put a new song in our mouth!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointments were transmitted by the Honorable James H. Hodges:
Local Appointments
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Herman Watson, 3905 Hill Street, Loris, S.C. 29569
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
J. Conrad Hetzer, 305 Ocean View Drive, Myrtle Beach, S.C. 29572
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 2511
Agency: Department of Natural Resources
SUBJECT: Hunt Units and Wildlife Management Area Regulations
Received by Lieutenant Governor April 6, 2000
Referred to Fish Game and Forestry Committee
Legislative Review Expiration August 4, 2000 (Subject to Sine Die Revision)
Doctor of the Day
Senator MOORE introduced Dr. James J. Hill of Aiken, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator ALEXANDER, at 12:10 P.M., Senator WALDREP was granted a leave of absence until 1:00 P.M.
Leave of Absence
On motion of Senator ALEXANDER, at 12:10 P.M., Senator RUSSELL was granted a leave of absence until 1:00 P.M.
Leave of Absence
On motion of Senator McGILL, at 12:10 P.M., Senator O'DELL was granted a leave of absence for the week.
RECALLED
S.858 -- Senator Hutto: A BILL TO AMEND SECTION 625433 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETTLEMENT OF CLAIMS OF MINORS AND INCAPACITATED PERSONS SO AS TO PROVIDE THAT "COURT" FOR THE PURPOSE OF APPROVAL OF SETTLEMENTS OF CLAIMS OF MINORS AND INCAPACITATED PERSONS INCLUDES THE CIRCUIT COURT OR THE PROBATE COURT OF THE COUNTY WHERE SUIT IS PENDING.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was ordered placed on the Calendar for consideration tomorrow.
RECALLED
S.1311 -- Senator Martin: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
Senator HOLLAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.
There was no objection.
The Resolution was ordered placed on the Calendar for consideration tomorrow.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1325 -- Senator Setzler: A SENATE RESOLUTION RECOGNIZING AND HONORING THE REVEREND DONALD P. DAVIS FOR TWENTY-FIVE YEARS OF DEVOTED AND OUTSTANDING SERVICE AS PASTOR OF TRINITY BAPTIST CHURCH OF WEST COLUMBIA.
l:\council\bills\psd\7179jm00.doc
The Senate Resolution was adopted.
H.3875 -- Reps. Robinson and H.Brown: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF GENERAL TAX INCREASES OR NEW GENERAL TAXES IN THE ANNUAL GENERAL APPROPRIATIONS ACT OR IN SUPPLEMENTAL APPROPRIATIONS ACTS, SO AS TO PROHIBIT IN SUCH ACTS ANY PERMANENT LAW PROVISIONS AFFECTING THE VARIOUS STATE RETIREMENT SYSTEMS.
Read the first time and referred to the Committee on Finance.
H.4869 -- Rep.Harris: A BILL TO ENACT THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BONDPROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN CHESTERFIELD COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
REPORT OF STANDING COMMITTEE
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC FIREMEN'S ASSOCIATION to attend a luncheon on the State House grounds on Tuesday, April 25, 2000, immediately upon adjournment and lasting until 2:00 P.M.
Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1
AYES
Courson Wilson Matthews
Patterson Russell Passailaigue
McGill Washington Reese
TOTAL--9
NAYS
TOTAL--0
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the THE CITADEL ALUMNI ASSOCIATION to attend a barbeque supper in the Cantey Building at the State Fairgrounds on Tuesday, April 25, 2000, from 6:30 until 10:00 P.M.
Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1
AYES
Courson Wilson Matthews
Patterson Russell Passailaigue
McGill Washington Reese
TOTAL--9
NAYS
TOTAL--0
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SCHOOL FOR THE DEAF AND BLIND to attend a luncheon drop-in in 221 Blatt Bldg. on Wednesday, April 26, 2000, upon adjournment and lasting until 2:00 P.M.
Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1
AYES
Courson Wilson Matthews
Patterson Russell Passailaigue
McGill Washington Reese
TOTAL--9
NAYS
TOTAL--0
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC JUNIOR GOLF FOUNDATION to attend a reception at Billy G's on Wednesday, April 26, 2000, from 6:00 until 8:00 P.M.
Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1
AYES
Courson Wilson Matthews
Patterson Russell Passailaigue
McGill Washington Reese
TOTAL--9
NAYS
TOTAL--0
Senator COURSON from the Committee on Invitations polled out S.1309 favorable:
S.1309 -- Senator Courson: A SENATE RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE ON THURSDAY, JUNE 15, 2000, AND FRIDAY, JUNE 16, 2000.
Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Not Voting 1
AYES
Courson Wilson Matthews
Patterson Russell Passailaigue
McGill Washington Reese
TOTAL--9
NAYS
TOTAL--0
Ordered for consideration tomorrow.
CONCURRENCE
S.95 -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 447165 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 447130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 447170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 447120, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 447160, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.
The House returned the Bill with amendments.
On motion of Senator GIESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
ORDERED ENROLLED FOR RATIFICATION
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H.4860 -- Reps. Sandifer and Barrett: A BILL TO AMEND SECTION 30510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS’ DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD OCONEE COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30512, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD OCONEE COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
By prior motion of Senator HOLLAND, with unanimous consent
HOUSE BILLS RETURNED
The following House Bills were read the third time and ordered returned to the House with amendments:
H.3393 -- Reps. Law, H.Brown and YoungBrickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
H. 3509 -- Reps. Simrill, Mason, Robinson, MoodyLawrence, Altman, Davenport, Hamilton, Kirsh, Leach, MeachamRichardson, J.H.Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE “PERSONAL FINANCIAL SECURITY ACT” SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 161310 THROUGH 1613490 AS ARTICLE 1 OF THAT CHAPTER.
THIRD READING BILLS
The following Bills were read the third time and ordered sent to the House of Representatives:
S.389 -- Senator Martin: A BILL TO AMEND CHAPTER 41, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM ATTACHMENT LEVY AND SALE, BY ADDING SECTION 154133 SO AS TO PROVIDE THAT THE EXEMPTION FROM ATTACHMENT FOR A DISABILITY BENEFIT PROVIDED IN SECTION 154130 SHALL NOT APPLY WITH RESPECT TO A LEVY OR EXECUTION OF A JUDGMENT FOR RESTITUTION OR A CIVIL JUDGMENT CONVERTED FROM A RESTITUTION ORDER.
S.1058 -- Senator Hutto: A BILL TO AMEND SECTION 2076605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE VALID COURT ORDER; TO AMEND SECTION 2077810, RELATING TO COMMITMENT OF CHILDREN, SO AS TO PROVIDE THAT A CHILD WHO COMMITS A STATUS OFFENSE MAY BE COMMITTED TO THE CUSTODY OF A CORRECTIONAL INSTITUTION ONLY IF THE CHILD HAS BEEN FOUND IN CONTEMPT OF COURT OR HAS VIOLATED THE CONDITIONS OF PROBATION.
S.1321 -- Senator Rankin: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY ADDING CHAPTER 20, SO AS TO ENACT THE “LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT” BY PERMITTING LAW ENFORCEMENT AGENCIES OF THIS STATE TO ENTER INTO CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS TO INCLUDE CERTAIN PROVISIONS RELATING TO THE SERVICES PROVIDED, TO REQUIRE THAT OFFICERS OF THE LAW ENFORCEMENT PROVIDER BE UNDER THE IMMEDIATE CONTROL AND SUPERVISION OF THE CONTRACTING AGENCY, AND TO ALLOW THE GOVERNOR TO WAIVE THE CONTRACTUAL REQUIREMENTS OF THIS CHAPTER DURING A NATURAL DISASTER.
By prior motion of Senator HOLLAND, with unanimous consent
SECOND READING BILLS
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S.1297 -- Senators Short, Peeler, J.VerneSmith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby: A BILL TO AMEND SECTIONS 401580 AND 401585, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS UNDER WHICH THEY MAY BE ADMINISTERED.
S.916 -- Senators Courson, Setzler, Giese, Hayes, J. Verne Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 4453190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.
CARRIED OVER
S.1272 -- Judiciary Committee: A BILL TO AMEND SECTION 16385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16395, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE; AND TO AMEND SECTION 16160, SO AS TO PROVIDE THAT THE OFFENSES OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND ALLOWING GREAT BODILY INJURY TO BE INFLICTED UPON A CHILD ARE ADDED TO THE LIST OF VIOLENT CRIMES.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
CARRIED OVER
H.3266 -- Reps. D.Smith, J.Brown, W. McLeod and Miller: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S.1322 -- Senators Holland and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.