THURSDAY, APRIL 22, 1999
Thursday, April 22, 1999
(Statewide Session)
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 words from the last address of Samuel to his people, Chapter 12 (vv. 23b-25):
“I will instruct you in the good and the right way. Only fear the
Lord, and serve Him faithfully with all your heart; for consider what great things He has done for you. But if you still do wickedly, you shall be swept away, both you and your king.”
Let us pray.
Almighty God, our Father in Heaven, You have put us in this world of the flesh.
So much of our worry in this world stems from a clash of our sterling idealism as Your children and the false philosophies and the raw, hard realities of mankind’s daily struggle for survival.
Forbid that we neither forsake our ideals nor become discouraged because we cannot achieve them in a day.
Give us the sense of both a world-view and a long-view, remembering both the promises and the warnings of the Spirit along the way.
Instruct us, O Lord, as Samuel said, in the “good and right way.”
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
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Tracy K. Davis, 105 Thrush Lane, Summerville, S.C. 29485 VICE Larry R. Kennedy
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Joseph W. Cunningham, Jr., 103 Fairway Dr., Summerville, S.C. 29483 VICE Charlene C. Snowden
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Raymond McMillan, 304 Hudson Rd., St. George, S.C. 29477
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Victor Glenn Stephens, 102 Sears Street, St. George, S.C. 29477
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Patrick J. Murphy, 9989 Dorchester Rd., Summerville, S.C. 29485 VICE Larry R. Kennedy
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Troy Guerard Knight, 105 Springhouse Lane, Summerville, S.C. 29483
Doctor of the Day
Senator ALEXANDER introduced Dr. Jim Pruitt of Seneca, S.C., Doctor of the Day.
Leave of Absence
At 10:34 A.M., Senator SETZLER requested a leave of absence for next Thursday, April 29, 1999, from 11:45 until 1:30 P.M.
Leave of Absence
At 5:15 P.M., Senator O"DELL requested a leave of absence until 10:00 A.M. Saturday, April 24, 1999.
Leave of Absence
At 10:05 P.M., Senator ELLIOTT requested a leave of absence beginning at 2:00 P.M. on Thursday, April 29, 1999, and lasting until 2:00 P.M. on Friday, April 30, 1999.
Leave of Absence
At 10:05 P.M., Senator ELLIOTT requested a leave of absence from 8:00 A.M. - 2:00 P.M. on Saturday, May 8, 1999.
RECALLED AND READ THE SECOND TIME
H.3742 -- Rep.Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 199899 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW IS EXEMPTED FROM THE MAKEUP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
Senator PEELER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator PEELER asked unanimous consent to give the Resolution a second reading and ordered it placed on the third reading Calendar.
There was no objection.
H.3742--Ordered to a Third Reading
On motion of Senator PEELER, with unanimous consent, H.3742 was ordered to receive a third reading on Friday, April 23, 1999.
RECALLED AND READ THE SECOND TIME
H.3661 -- Rep.Howard: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 199899 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKEUP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator PATTERSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
Senator PATTERSON asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator PATTERSON asked unanimous consent to give the Resolution a second reading and order it placed on the third reading Calendar.
There was no objection.
The Resolution was read the second time and ordered on the third reading Calendar.
H 3661--Ordered to a Third Reading
On motion of Senator PATTERSON, with unanimous consent, H.3661 was ordered to receive a third reading on Friday, April 23, 1999.
RECALLED
S.721 -- Senator Saleeby: A BILL TO AMEND SECTION 427310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS’ COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELFINSUREDS AND INSURANCE CARRIERS.
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 and ordered placed on the second reading Calendar.
HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS
S.36 -- Senators Waldrep, Elliott, Ryberg and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22025 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator WALDREP proposed the following amendment (JUD0036.001), which was adopted:
Amend the bill, as and if amended, page 1, line 31, in Section 2-20-25, as contained in SECTION 1, by striking line 31 in its entirety and inserting therein the following:
/ filing for that office or if the notice is withdrawn and the person seeks reelection, the joint committee may reopen or extend, as /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.750 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 591530 SO AS TO REQUIRE ALL CERTIFIED EMPLOYEES AT A PUBLIC MIDDLE OR HIGH SCHOOL AND ALL CERTIFIED SCHOOL DISTRICT EMPLOYEES TO TEACH ONE COURSE ONE SEMESTER EACH SCHOOL YEAR, TO PROVIDE EXCEPTIONS, AND TO DIRECT THE DEPARTMENT OF EDUCATION TO PROMULGATE REGULATIONS ESTABLISHING EXEMPTIONS.
Read the first time and referred to the Committee on Education.
S.751 -- Senator Holland: A BILL TO AMEND SECTION 601140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NONEX OFFICIO MEMBER OF THE DEPARTMENT.
Read the first time and referred to the Committee on Education.
S.752 -- Senator Rankin: A BILL TO AMEND SECTIONS 911140 AND 91150, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW SERVICE IN THE SELECTED RESERVE OF ANY OF THE RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE, TO PROHIBIT THE ESTABLISHMENT OF SUCH SERVICE, INCLUDING ACTIVE DUTY SERVICE THAT OVERLAPS WITH STATE RETIREMENT SYSTEM SERVICE CREDIT, AND TO DELETE THE FORMER RESTRICTIONS APPLICABLE TO DUPLICATION OF BENEFITS FOR NATIONAL GUARD SERVICE.
Read the first time and referred to the Committee on Finance.
S.753 -- Senators Martin and Giese: A BILL TO AMEND SECTION 50112200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S.754 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29160 SO AS TO PROVIDE THAT, IF AN OWNER OF PROPERTY PRESENTS CERTIFIED DOCUMENTATION FROM THE LIENHOLDER TO THE CLERK OF COURT, THE CLERK OF COURT SHALL ISSUE AN ADMINISTRATIVE ORDER REMOVING THE LIEN AND REVISE RECORDS NECESSARY TO CORRECT THE ERROR.
Read the first time and referred to the Committee on Judiciary.
S.755 -- Senator Bryan: A BILL TO AMEND SECTIONS 44990 AND 449100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES, AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 441110, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A MENTAL HEALTH FACILITY; TO AMEND SECTION 441550, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 441580, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 4417410, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 4417540, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS REQUIRED; TO AMEND SECTION 4417580, RELATING TO HOSPITALIZATION FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE FOR THE DISMISSAL OF PROCEEDINGS WHEN A PERSON IS NOT IN NEED OF INVOLUNTARY TREATMENT; TO AMEND SECTION 4422150, RELATING TO THE RESTRAINT, SECLUSION, OR PHYSICAL COERCION OF PATIENTS RESIDING IN MENTAL HEALTH OR ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO DEFINE RESTRAINT; TO AMEND SECTION 44231100, RELATING TO THE DISCLOSURE OF INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF INFORMATION PURSUANT TO SECTION 4422100; AND TO REPEAL SECTION 442350.
Read the first time and referred to the Committee on Medical Affairs.
S.756 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4429270 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR ANY OTHER AGENCY FROM REQUIRING HEPATITIS “B” VACCINATIONS UNLESS THERE IS AN IMPENDING PUBLIC HEALTH CRISIS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PUBLISH A BROCHURE ON THE NATURE OF HEPATITIS AND HOW IT IS CONTRACTED.
Read the first time and referred to the Committee on Medical Affairs.
S.757 -- Senator Elliott: A BILL TO AMEND TITLE 27 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 42, SO AS TO ENACT THE "SOUTH CAROLINA VACATION RENTAL ACT" TO PROVIDE APPROPRIATE REGULATORY GUIDELINES FOR PERSONS AND BUSINESSES ENGAGED IN THE RENTING OR MANAGING OF RESIDENTIAL PROPERTIES FOR VACATION PURPOSES.
Read the first time and on motion of Senator ELLIOTT, with unanimous consent, ordered placed on the Calendar without reference.
S.758 -- Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 77465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
Read the first time and on motion of Senator PATTERSON, with unanimous consent, ordered placed on the Calendar without reference.
S.759 -- Invitations Committee: A SENATE RESOLUTION TO WELCOME THE HONORABLE PETER BEATTIE, THE PREMIER OF THE AUSTRALIAN STATE OF QUEENSLAND, ON THE OCCASION OF HIS VISIT TO THE PALMETTO STATE FOR THE PURPOSE OF SIGNING A MEMORANDUM OF UNDERSTANDING WITH SOUTH CAROLINA COVERING TRADE, ECONOMIC DEVELOPMENT, AND A SISTERSTATE RELATIONSHIP, AND TO EXTEND TO HIM THE PRIVILEGE OF THE FLOOR OF THE SENATE ON WEDNESDAY, MAY 12, 1999, BETWEEN THE HOURS OF 11 A.M.AND NOON FOR THE PURPOSE OF ADDRESSING THE SENATE AND RECEIVING A COPY OF THIS RESOLUTION.
Senator COURSON spoke on the Resolution.
The Resolution was adopted.
H.3111 -- Reps. Littlejohn and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
Read the first time and referred to the Committee on Judiciary.
H.3324 -- Rep.Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE THE BRIDGE ON S.C. 52 NORTH OF CHERAW IN CHESTERFIELD COUNTY AS THE “GILBERT ‘GIL’ FRANKLIN HALMA BRIDGE.”
The Concurrent Resolution was introduced and referred to the Committee on Transportation.