THURSDAY, FEBRUARY 11, 1999

Thursday, February 11, 1999

(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, the prophet Isaiah, 26 centuries ago in another age of idols, proclaimed the Word of his God, saying (Isaiah 40: 9-11):

“Say to the cities of Judah,

‘Here is your God! See, the Lord God comes with strong hand, and

His arm rules for Him.... He will feed His flock like a shepherd...

gather the lambs in His arms... carry them in His bosom, and gently

lead the mother sheep’.” (NRSV)

Let us pray.

Eternal God, as we become more and more embroiled in the complicated situations of our state’s business, may we become more and more involved in the certainties of Your will for us for each hour of every day of our decision-making.

Deliver us from any sense of futility that may follow our earnest efforts.

Give us the long view of our tasks.

May all who labor here be delivered from the distractions of nonessentials and give us the courage to confront, and be able to resolve, the real issues of government.

In the Name of Isaiah’s God we pray.

Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

COMMUNICATION RECEIVED

Felder, Prickett & McGee, L.L.P.

Attorneys at Law

P. O. Box 346

203 F.R. Huff Drive

St. Matthews, South Carolina 29135

January 29, 1999

Lt. Governor Robert L. Peeler

Members of the Senate

P. O. Box 142

Columbia, SC 29202

Dear Lt. Governor and Fellow Colleagues:

I was very surprised to receive the very kind and generous Concurrent Resolution passed by the General Assembly, and it was greatly appreciated by my entire family. As you know, one of my disappointments was not being able to express in person my thoughts on the high calling in which I believe public service should be held.

As I return to my law practice, start a new management consulting business, and get more quality time with my family and grandchild, Gressette, I will receive great satisfaction in the work and achievements we all accomplished for our children, the elderly, and the disabled in our State. The over twenty-five awards I received in my last twelve (12) months of service in the House are a great source of comfort to me, and they remind me we must never forget we can never educate a child to its fullest potential unless our children are healthy. This message is true of adults, as well.

As times have changed, so has the art of politics, and we know nothing is so constant as change itself. While truth, loyalty, and integrity take a beating in our system, I know with quality and committed leadership dedicated to the truth that honor will always eventually prevail. However, I learned certain paradoxical commandments about such leadership:

* If you do good, people will accuse you of ulterior motives - do good anyway;

* What you spend years building may be destroyed overnight - build anyway;

* People really need help but may attack you if you help them - help them anyway;

* Give the world the best you have and you will get kicked in the teeth - give the best you have anyway;

* Honesty and frankness make you vulnerable in politics - be honest and frank anyway.

All I can do, along with each of you, is to strive for the best, to do good, and help our system to be better, to build, and help our children, our elderly, and our disabled improve their quality of life.

We, the Felder family, appreciate the Resolution and the outpouring of concern, prayers, and support we have received since November but also all through my years of public service. It has been uplifting and beneficial to all of us. May God bless each and every one of you, and it is my faithful belief God will open a door to a better future for all of us and our children.

Your friend,

John G. Felder

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2359

Agency: Clemson University - State Crop Pest Commission

SUBJECT: Tropical Soda Apple

Received by Lieutenant Governor February 9, 1999

Referred to Agriculture and Natural Resources Committee

Legislative Review Expiration June 9, 1999

Document No. 2362

Agency: Board of Education

SUBJECT: Free Textbooks

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2368

Agency: Board of Education

SUBJECT: Use and Dissemination of Test Results

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2369

Agency: Board of Education

SUBJECT: Reading, Writing, and Mathematics Objectives for

Grades 1 - 12

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2370

Agency: Board of Education

SUBJECT: Basic Skills Assessment Program, Minimum Standards of Student Achievement for Grades 1,2,3,6 and 8 (Repeal)

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2371

Agency: Board of Education

SUBJECT: Basic Skills Assessment Program, Minimum Standards of Student Achievement for Reading and Mathematics in Grades 11 (Repeal)

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2385

Agency: Board of Education

SUBJECT: Persons Required to Hold a Teaching License

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2386

Agency: Board of Education

SUBJECT: Requirements for Licensure

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2387

Agency: Board of Education

SUBJECT: Acceptable Credits

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2388

Agency: Board of Education

SUBJECT: Education Programs

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2389

Agency: Board of Education

SUBJECT: Student Teaching

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2390

Agency: Board of Education

SUBJECT: Required Examinations

Received by Lieutenant Governor February 8, 1999

Referred to Education Committee

Legislative Review Expiration June 8, 1999

Document No. 2391

Agency: Board of Education

SUBJECT: Verification of Eligibility

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2392

Agency: Board of Education

SUBJECT: Application for Teaching Credential - Required

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2393

Agency: Board of Education

SUBJECT: Effective Date of Credential

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2394

Agency: Board of Education

SUBJECT: Requirements for Credential Advancement

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2395

Agency: Board of Education

SUBJECT: Types of Levels of Credential Classification

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2396

Agency: Board of Education

SUBJECT: Additional Areas of Licensure

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2397

Agency: Board of Education

SUBJECT: Renewal of Credentials

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2398

Agency: Board of Education

SUBJECT: Expired Licenses

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2399

Agency: Board of Education

SUBJECT: Foreign Applicants

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2400

Agency: Board of Education

SUBJECT: Computing Experience for Teachers

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2401

Agency: Board of Education

SUBJECT: Teaching Experience Acceptable for Credit

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2402

Agency: Board of Education

SUBJECT: Other Experience Acceptable for Credit

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2403

Agency: Board of Education

SUBJECT: Requirements for Additional Areas of Licensure

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

Document No. 2404

Agency: Board of Education

SUBJECT: Requirements for Initial Licensure at the Advanced Level

Received by Lieutenant Governor February 9, 1999

Referred to Education Committee

Legislative Review Expiration June 9, 1999

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S.481 -- Senator Bryan, Alexander, Anderson, Branton, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J.VerneSmith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO HONOR THE MEMORY OF ONE OF THE PALMETTO STATE’S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE ROBERT CLAUDE WASSON OF LAURENS COUNTY, A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, A FORMER SOUTH CAROLINA STATE SENATOR, AND FORMER CHAIRMAN OF THE SOUTH CAROLINA TAX COMMISSION AND TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO HIS FAMILY AND COUNTLESS FRIENDS.

The Senate Resolution was adopted.

S.482 -- Senator McConnell: A CONCURRENT RESOLUTION RECOGNIZING JENNIFER FOX AS A RECIPIENT OF THE 1999 PRUDENTIAL SPIRIT OF COMMUNITY AWARD FOR HER OUTSTANDING RECORD OF VOLUNTEER SERVICE AND COMMUNITY SPIRIT.

The Concurrent Resolution was adopted, ordered sent to the House.

S.483 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR.D.L.WICKER, SR., OF CAYCE, UPON HIS DEATH.

The Concurrent Resolution was adopted, ordered sent to the House.

S.484 -- Senator Rankin: A BILL TO AMEND SECTION 1237220(27), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF CERTAIN PROPERTY FROM AD VALOREM TAXATION SO AS TO INCLUDE THE LEGAL GUARDIAN OF A PERSON REQUIRED TO USE A WHEELCHAIR IN THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES.

Read the first time and referred to the Committee on Finance.

S.485 -- Senator Rankin: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH INSURANCE COVERAGE BY ADDING SECTION 3871137 SO AS TO REQUIRE AN INSURER TO PROVIDE COVERAGE FOR the treatment of inherited metabolic diseases including the medical foods and low protEIn modified food products USED IN THE TREATMENT OF THE DISEASE.

Read the first time and referred to the Committee on Banking and Insurance.

S.486 -- Senator Rankin: A BILL TO AMEND SECTION 563840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT REGISTRATION AND LICENSING FEES SO AS TO INCREASE THE FEES ASSOCIATED WITH DELINQUENT REGISTRATION AND LICENSING OF A MOTOR VEHICLE.

Read the first time and referred to the Committee on Transportation.

S.487 -- Senators Matthews and Hutto: A BILL TO REVISE THE METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF EDUCATION.

Read the first time and on motion of Senator MATTHEWS, ordered placed on the local and uncontested Calendar without reference.

S.487--Ordered to a Second Reading

On motion of Senator MATTHEWS, S.487 was ordered to receive a second reading on Friday, February 12, 1999.

H.3415 -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 4057100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN’S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER’S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN’S LICENSE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H.3468 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO EXAMINATION; SCHEDULING AND GRADING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H.3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO NONMOTORIZED VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2219, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H.3490 -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, CobbHunter, Cooper, Cotty, D.Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F.Smith, Fleming, G.Brown, Gamble, Gilham, Gourdine, Govan, H.Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J.Brown, J.Hines, J.Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M.Hines, M.McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, MoodyLawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R.Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T.Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W.McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and YoungBrickell: A CONCURRENT RESOLUTION SALUTING THE NATIONAL BETA CLUB, WHICH WAS FOUNDED IN LANDRUM IN SPARTANBURG COUNTY, ON ITS SIXTYFIFTH ANNIVERSARY AND DECLARING THE WEEK OF MARCH 17, 1999, AS NATIONAL BETA CLUB WEEK.