TUESDAY, MAY 16, 2000
Tuesday, May 16, 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 words of the Psalmist in Psalm 91:9f:
“Because you have made the Lord your refuge, the Most High
your dwelling place,
No evil shall befall you, no scourge come near your tent.
For He will command His angels concerning you to guard
you in all your ways,
On their hands they will bear you up...”
Let us pray.
Our Father, we lift up hearts of gratitude that last week you sent Your Angel to spare the life of Your servant, Harvey Peeler, when his exhausted body failed. Bless the medical people and return him soon to us. Sustain his family in their shock!
We do not pray for easy tasks, Lord; but, we do pray for strength of body, mind and spirit to do the work we are called to do!
Lead on O King Eternal!
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:
Statewide Appointments
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:
At-Large:
Susan R. Cole, 101 Lakeview Drive, Summerville, S.C. 29485 VICE Winfred S. Greene
Referred to the Committee on Education.
Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1999, and to expire April 1, 2004:
At-Large:
Elizabeth B. Davis, P.O. Box 429, Orangeburg, S.C. 291160429
Referred to the Committee on Education.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1998, and to expire June 30, 2002:
3rd Congressional District:
Nancy Jo Thomason, P.O. Box 4025, Anderson, S.C. 29622 VICE Lesley M. White
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:
4th Congressional District:
Roger Dean Finch, 1186 Holiday Dam Road, Greenville, S.C. 29654 VICE Harris G. Andrews
Referred to the Committee on Judiciary.
Local Appointments
Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Gloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205
Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223
Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Elizabeth Cromer Epps, 510 South Bonham Road, Columbia, S.C. 29205
Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Deanne C. Jolly, 7421 Parkview Drive, Columbia, S.C. 29223
Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Rebecca McDuffie Brown, 8 Crosland Lane, Columbia, S.C. 29223
Doctor of the Day
Senator LEATHERMAN introduced Dr. Thomas Stoughton of Florence, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator LEATHERMAN, at 12:15 P.M., Senator PEELER was granted a leave of absence for today.
Leave of Absence
On motion of Senator MOORE, at 12:15 P.M., Senator O'DELL was granted a leave of absence for today.
Expression of Personal Interest
Senator RICHARDSON rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator RYBERG rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator DRUMMOND rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator BRANTON rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator BRYAN rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator J. VERNE SMITH rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator LEVENTIS rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator FORD rose for an Expression of Personal Interest.
RECESS
At 12:45 P.M., on motion of Senator FORD, the Senate receded from business not to exceed five minutes.
At 12:51 P.M., the Senate resumed.
Motion to Ratify Adopted
At 1:06 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:15 P.M.
There was no objection and a message was sent to the House accordingly.
Motion Adopted
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
RECALLED AND READ THE SECOND TIME
S.1361 -- Senator Holland: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.
Senator HOLLAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator HOLLAND asked unanimous consent to give the Joint Resolution a second reading.
There was no objection.
On motion of Senator HOLLAND, the Joint Resolution was read the second time.
S.1361--Ordered to a Third Reading
On motion of Senator HOLLAND, with unanimous consent, S.1361 was ordered to receive a third reading on Wednesday, May 17, 2000.
RECALLED
S.1379 -- Senators Peeler, Wilson and Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO THE MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED MAY 9, 1999.
Senator COURSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.
There was no objection.
The Resolution was ordered placed on the Calendar for consideration tomorrow.
RECALLED, READ THE SECOND TIME
S.1369 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 20, 2000, BY STUDENTS OF J.N.KELLETT ELEMENTARY SCHOOL IN OCONEE COUNTY FOR SCHOOL YEAR 19992000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOILER MALFUNCTION IS EXEMPT 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 ALEXANDER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
Senator ALEXANDER asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator ALEXANDER asked unanimous consent to give the Joint Resolution a second reading.
There was no objection.
On motion of Senator ALEXANDER, the Joint Resolution was read the second time.
S.1369--Ordered to a Third Reading
On motion of Senator ALEXANDER, with unanimous consent, S.1369 was ordered to receive a third reading on Wednesday, May 17, 2000.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1386 -- Senator McConnell: A BILL TO AMEND SECTION 293330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING SATISFACTION, SO AS TO INCLUDE CERTAIN FULLTIME JUDGES IN THE DEFINITION OF LICENSED ATTORNEY.
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Read the first time and referred to the Committee on Judiciary.
S.1387 -- Senator Ryberg: A CONCURRENT RESOLUTION TO OFFER THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO SERGEANT MATTHEW BRAXTON OF AIKEN PUBLIC SAFETY IN RECOGNITION OF HIS TALENT, CREATIVITY, AND EXPERTISE IN DEVELOPING THE WEB SITE FOR THE SECOND JUDICIAL CIRCUIT YOUTH COUNCIL.
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The Concurrent Resolution was adopted, ordered sent to the House.
S.1388 -- Senators Grooms, Mescher, McGill and Branton: A CONCURRENT RESOLUTION MEMORIALIZING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.
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On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S.1389 -- Senator Martin: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MISS CORTNI BRACKEN OF PICKENS COUNTY FOR HER TIRELESS INVOLVEMENT IN CHILDREN’S ISSUES, PARTICULARLY IN THE AREA OF PREVENTING CHILD ABUSE, AND FOR BEING NAMED MISS MIDSTATE 2000.
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The Concurrent Resolution was adopted, ordered sent to the House.
S.1390 -- Senators Anderson, Bryan, J.VerneSmith and Thomas: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REEDY FORK BRIDGE THAT CROSSES THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE “JOHN H. CHAPMAN BRIDGE”; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE “J. WALTER MOON INTERCHANGE”; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAY 20 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE “CHARLES H. RICE INTERCHANGE”; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF FORK SHOAL ROAD AND THE
BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE “CHARLES P. WILLIMON INTERCHANGE”.
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The Concurrent Resolution was introduced and, on motion of Senator J. VERNE SMITH, ordered referred to the Greenville County Delegation.
S. 1390 -- Recalled
On motion of Senator ANDERSON, with unanimous consent, the Concurrent Resolution was recalled from the Greenville County Delegation.
The Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.
S.1391 -- Senators Wilson, Ravenel, Grooms, Mescher, Passailaigue, Ford and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE UNITED STATES NAVAL ARMED GUARD WHO SERVED VALIANTLY WITH THE MERCHANT MARINE DURING WORLD WAR II, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE SAILORS WHOSE SHIPS WERE SUNK AS THE RESULT OF ENEMY ACTION AND THOSE WHO GAVE THEIR LIVES PROTECTING THE MERCHANT MARINE, AND DEFENDING ESSENTIAL SUPPLIES AND SUPPLY LINES ALL OVER THE WORLD DURING THE CRITICAL DAYS OF WORLD WAR II, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE NAVAL ARMED GUARD ON THE OCCASION OF THE RECOGNITION CEREMONY FOR THE NAVAL ARMED GUARD TO BE HELD ON JUNE 7, 2000, WHICH HAS BEEN DECLARED “NAVAL ARMED GUARDS DAY” IN SOUTH CAROLINA.
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On motion of Senator WILSON, with unanimous consent, he Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S.1392 -- Senator Leventis: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE CONSUMER AFFAIRS COMMISSION AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SUCCEED THE HONORABLE JAMES M. EAVES WHO HAS RESIGNED DUE TO FAMILY HEALTH REASONS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S.1393 -- Senator Alexander: A SENATE RESOLUTION TO HONOR AND COMMEND JOHN H. HOSTETLER, PRINCIPAL OF WALHALLA HIGH SCHOOL, UPON HIS RETIREMENT AFTER THIRTY YEARS OF TEACHING, COACHING, AND ADMINISTRATION AT THE SCHOOL, TO SALUTE HIS EFFORTS AND DEDICATION IN MAKING WALHALLA HIGH SCHOOL THE SUPERIOR PUBLIC SCHOOL INSTITUTION IT HAS BECOME, AND TO WISH HIM GODSPEED IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S.1394 -- Senators Courson, Alexander, Anderson, Bauer, Branton, Bryan, 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, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J.VerneSmith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA GAMECOCK BASEBALL TEAM ON BECOMING REGULAR SEASON SOUTHEASTERN CONFERENCE CHAMPIONS FOR 2000, AND SALUTING THE TEAM, COACHES, AND SUPPORT PERSONNEL FOR ALL OF THEIR AMAZING SUCCESS AND ACCOMPLISHMENTS DURING THE 2000 SEASON.
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The Concurrent Resolution was adopted, ordered sent to the House.
H.3831 -- Rep.Townsend: A BILL TO AMEND SECTION 5725190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT COMPENSATION FOR THIS PURPOSE IS CONSIDERED TO BE FAIR MARKET VALUE OF THE PARTICULAR INTEREST OF EACH PARTY HAVING AN INTEREST IN THE LOCATION OF THE SIGN WHICH SHALL BE DETERMINED THROUGH APPRAISAL METHODS USED TO DETERMINE JUST COMPENSATION UNDER THE EMINENT DOMAIN PROCEDURE ACT, TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMPENSATION MUST BE PAID PRIOR TO THE REMOVAL OF SUCH SIGNS, AND TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY REQUIRE THE REMOVAL OF AN EXISTING SIGN FOR REASONS OTHER THAN TRAFFIC SAFETY OR PROXIMITY TO SPECIFIED LOCATIONS; AND TO ADD SECTION 57-25-191 SO AS TO PROVIDE FOR ADDITIONAL PROCEDURAL REQUIREMENTS IN REGARD TO THE ENACTING OF ZONING PLANS OR ORDINANCES BY A POLITICAL SUBDIVISION RELATING TO OUTDOOR ADVERTISING SIGNS.
Read the first time and, on motion of Senator LAND, with unanimous consent, ordered placed on the Calendar without reference.
H.4460 -- Rep.McGee: A BILL TO AMEND SECTION 2739230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 2739250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.
Read the first time and referred to the Committee on Judiciary.
H.5053 -- Reps. Harvin, Breeland, Clyburn, CobbHunter, Gourdine, Govan, J.Hines, M.Hines, Hosey, Jennings, Kennedy, Lee, M.McLeod, McMahand, MoodyLawrence, J.H.Neal, F.Smith and Whipper: A CONCURRENT RESOLUTION COMMEMORATING THE FIFTIETH ANNIVERSARY OF THE FILING OF BRIGGS V. ELLIOTT, ONE OF THE ORIGINAL LAWSUITS THAT, ALONG WITH THREE OTHER SIMILAR CASES NATIONALLY, LED TO THE LANDMARK DECISION BY THE UNITED STATES SUPREME COURT IN 1954 THAT “SEPARATE BUT EQUAL” IS UNCONSTITUTIONAL IN PUBLIC EDUCATION IN AMERICA.
The Concurrent Resolution was adopted, ordered returned to the House.
H.5056 -- Rep.Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF THURSDAY, MAY 4, 2000, MISSED BY THE STUDENTS OF BUFFALO ELEMENTARY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOMB THREAT 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.
Read the first time and referred to the Committee on Education.
REPORTS OF STANDING COMMITTEES
Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
H.3317 -- Reps. Sharpe, Davenport, Witherspoon, R.Smith, Limehouse, Altman and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 449685 SO AS TO ESTABLISH REQUIREMENTS THAT APPLY TO THE DISPLACEMENT OF A PRIVATE COMPANY PROVIDING COLLECTION SERVICES FOR SOLID WASTE OR RECOVERED MATERIALS OR BOTH.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary polled out H.3403 favorable with amendment:
H.3403 -- Reps. Robinson, Kelley, H.Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND SECTION 343120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.
Poll of the Judiciary Committee
Polled 14; Ayes 14; Nays 0; Not Voting 4
AYES
HollandSaleebyMcConnell
MooreRussellGlover
GregoryJacksonMartin
MescherRankinElliott
RybergShort
TOTAL--14
NAYS
TOTAL--0
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H.3735 -- Rep.Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE REGULATION OF THE ALARM SYSTEM INDUSTRY.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
H.3925 -- Rep.Sharpe: A BILL TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM “WATER SUPPLIES” TO “WATER SYSTEMS”, TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.