South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Wednesday, March 4, 1998
(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 words of St. John who recorded these words of Jesus, Chapter 4 (v. 34):
"My food is to do the will of
Him who sent me, and to accomplish
His work."
Let us pray.
Lord, God, our Father, Your ways are above our ways, and Your thoughts are beyond our understanding.
Sometimes we come to the simple realization that we are struggling to succeed in our professions and striving for achievement in our careers, forgetting that our real calling is to live as children of God and to find our personal fulfillment in striving each day to do the will and work of our Heavenly Father.
As we struggle each day with economic woes and political confusion, let us hear anew the ancient voice (Deut. 8:3; Matt.4:4; Luke 4:4).
"Man shall not live by bread alone,
But by every word that proceedeth out
of the mouth of God."
So, lead us, O Lord, to today's tasks. Amen.

Point of Quorum

Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Courtney                  Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Grooms
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Ryberg                    Saleeby                   Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington                Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senator REESE recorded his presence subsequent to the Call of the Senate.

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

Doctor of the Day

Senator McGILL introduced Dr. Steven R. Ross of Florence, S.C., Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator HUTTO requested a leave of absence beginning at 10:00 P.M. on March 18, 1998, and lasting until 12:00 Noon on March 24, 1998.

Leave of Absence

At 11:50 A.M., Senator BRYAN requested a leave of absence until 1:00 P.M.

ACTING PRESIDENT PRESIDES

Senator MARTIN assumed the Chair at 12:25 P.M.

Point of Personal Privilege

Senator PATTERSON rose to a Point of Personal Privilege.

Point of Personal Privilege

Senator PASSAILAIGUE rose to a Point of Personal Privilege.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair at 12:40 P.M.

Point of Personal Privilege

Senator ELLIOTT rose to a Point of Personal Privilege.

RECALLED AND COMMITTED

H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.

On motion of Senator MOORE, with unanimous consent, the Bill was committed to the Committee on Labor, Commerce and Industry.
There was no objection.

RECALLED

H. 4364 -- Reps. Cato, Knotts, Littlejohn, Mason, Stille, Vaughn and Hinson: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY", AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.

On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar.
There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1094 -- Senator McConnell: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.
Read the first time and referred to the Committee on Banking and Insurance.

S. 1095 -- Judiciary Committee: A BILL TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE METHOD, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS.
Read the first time and ordered placed on the Calendar without reference.

S. 1096 -- Senator Reese: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAX, SO AS TO EXEMPT THE DWELLING OF A FORMER PRISONER OF WAR, AND TO PROVIDE THOSE PERSONS ELIGIBLE FOR THE EXEMPTION INCLUDING THE CIRCUMSTANCES UNDER WHICH A SURVIVING SPOUSE IS ALLOWED THE EXEMPTION.
Read the first time and referred to the Committee on Finance.

S. 1097 -- Senators Grooms, Passailaigue, Branton, Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO PROHIBIT HUNTING WITHIN A TWO THOUSAND YARD INLAND RADIUS OF EITHER SIDE OF THE EAST BRANCH OF THE COOPER RIVER UPSTREAM OF FRENCH QUARTER CREEK, ITS CONTIGUOUS MARSH AND TRIBUTARY STREAMS INCLUDING HUGER AND QUIMBY CREEKS.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1098 -- Senator Anderson: A BILL TO AMEND SECTION 20-7-2725(A)(4), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT SO AS TO EXEMPT CERTAIN INDIVIDUALS FROM THE PROHIBITION AGAINST BEING EMPLOYED AS DAY CARE PROVIDERS.
Read the first time and referred to the Committee on Judiciary.

S. 1099 -- Senator Drummond: A CONCURRENT RESOLUTION TO ELECT SUCCESSORS TO OFFICES WHICH TERMS HAVE OR WILL EXPIRE AND FOR WHICH CANDIDATES HAVE BEEN SCREENED AND ARE UNOPPOSED FOR SEATS ON THE SUPREME COURT, THE COURT OF APPEALS, THE CIRCUIT COURT, THE FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION.
Senators DRUMMOND and HOLLAND spoke on the Resolution.

Objection

Senator DRUMMOND asked unanimous consent to make a motion to adopt the Resolution.
Senator RYBERG objected.

Introduced and referred to the Committee on Judiciary.

H. 4746 -- Reps. Bauer and Quinn: A CONCURRENT RESOLUTION CONGRATULATING ASHLEY KAREN KERR, FOURTH GRADE STUDENT AT HARBISON WEST ELEMENTARY SCHOOL IN IRMO, ON HER INTERNATIONAL ACCOMPLISHMENTS AND SUCCESS IN KARATE.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4747 -- Reps. Harvin, Young and Kennedy: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MRS. HARRIETT BREWER GIBBONS OF CLARENDON COUNTY AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator DRUMMOND from the Committee on Finance submitted a majority favorable and Senator SETZLER a minority unfavorable report on:
S. 173 -- Senators Bryan, Passailaigue, Elliott, Ford, McConnell and Ravenel: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT TAXING DISTRICTS MUST BE REIMBURSED ON A PER CAPITA BASIS FROM REVENUES CREDITED TO THE STATE PROPERTY TAX RELIEF FUND AND TO PROVIDE THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID BY OCTOBER THIRTY-FIRST AND THE BALANCE OF THE REIMBURSEMENT MUST BE PAID NO LATER THAN THE SUCCEEDING APRIL FIRST.
Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 399 -- Senator Bryan: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 OF THE 1976 CODE, RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.
Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 1034 -- Senator McConnell: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.
Ordered for consideration tomorrow.

CONCURRENCE

S. 972 -- Senators Bryan, Russell, Reese, Courtney, Lander, Peeler and Short: A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.
The House returned the Bill with amendments.

On motion of Senator BRYAN, 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.

HOUSE CONCURRENCE

S. 1088 -- Senator McGill: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF REVEREND MARK POTTER OF LAKE CITY AND EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.

HOUSE CONCURRENCE

S. 1089 -- Senator McGill: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF DR. I.W. CANUPP OF LAKE CITY AND EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.

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. 4400 -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
(By prior motion of Senator COURTNEY)

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4656 -- Reps. Breeland, Seithel, Chellis, Harrell, Campsen, Altman, Whipper, Limehouse, Dantzler, Inabinett, Whatley and Mack: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator PASSAILAIGUE proposed the following amendment (4656R001.ELP), which was adopted:
Amend the bill, as and if amended, page [4652-2], by striking line 31 and inserting in lieu thereof the following:
/     Charleston 4 Charleston 4A     /
Amend title to conform.

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.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 979 -- Senators Martin and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.

S. 986 -- Senators Holland and Martin: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.

S. 1007 -- Senators Holland, McConnell and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.

Senator LAND 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 adoption of the amendment proposed by the Committee on Finance.

Senator LAND explained the Bill.

Senator J. VERNE SMITH spoke on the Bill.

The Committee on Finance proposed the following amendment (21264HTC.98), which was adopted:
Amend the bill, as and if amended, in Section 9-16-30, as contained in SECTION 2, page 4, line 3, by inserting before the period / but final authority to invest cannot be delegated /.
Amend further, as and if amended, Section 9-16-320, as contained in SECTION 2, beginning on page 7, by striking item (7) and inserting:
/(7) industry sector, market sector, issuer, and other allocations of assets that provide diversification in accordance with prudent investment standards, including desired rates of return and acceptable levels of risks for each asset class and the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed forty percent and the minimum and maximum portions of system assets not to exceed ten percent that may be allocated to additional equity investment during the plan fiscal year. The board shall develop the methods used to determine compliance with the maximum allocations set forth in this item;/

Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

Recorded Vote

Senator BRYAN desired to be recorded as voting in favor of the second reading of the Bill.

AMENDED, READ THE SECOND TIME

S. 1003 -- Senator Peeler: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-535 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT AT NO COST FROM THE DEPARTMENT OF NATURAL RESOURCES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Senator PEELER explained the Bill.

Senators GROOMS, HUTTO and McGILL proposed the following amendment (JUD1003.002), which was adopted:
Amend the committee amendment, as and if amended, page [1003-1], beginning on line 24, by striking lines 24 through 30 and inserting therein the following:
/"Section 50-9-535.   It is unlawful to hunt, take, or possess migratory game birds without first obtaining a migratory game bird permit. The department may not charge a fee for this permit unless approved by the General Assembly. The permit required by this section must be integrated into and made a part of all hunting licenses after final implementation of the Department of the Interior Fish and Wildlife Service 50 C.F.R. Part 20, Migratory Bird Harvest Information Program. Migratory game birds include doves, ducks, geese, woodcock, marsh hens, rails, common snipe, common moorhens, and purple gallinules (families: Columbidae, Anatidae, Rallidae, and Scolopacidae)."/
Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

The Committee on Fish, Game and Forestry proposed the following amendment (1003R001.HSP), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION   1.   Article 5, Chapter 9 of Title 50 is amended by adding:
"Section 50-9-535.   It is unlawful to hunt, take, or possess migratory game birds without first obtaining a migratory game bird permit. The department may not charge a fee for this permit unless approved by the General Assembly. Migratory game birds include doves, ducks, geese, woodcock, marsh hens, rails, common snipe, common moorhens, and purple gallinules (families: Columbidae, Anatidae, Rallidae, and Scolopacidae)."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

The amendment was adopted

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

SECOND READING BILLS

The following Bill and Joint Resolution having been read the second time, were ordered placed on the third reading Calendar:

H. 4449 -- Reps. Cooper, Townsend, Martin, Jordan, Maddox and Stille: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(By prior motion of Senator WALDREP)

S. 1085 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES: RED-COCKADED WOODPECKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2251, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator PEELER explained the Joint Resolution.

OBJECTION

S. 980 -- Senators Ford, McConnell, Glover, Patterson, Ravenel, J. Verne Smith, Anderson and Hutto: A CONCURRENT RESOLUTION TO CAUSE THE BLACK LIBERATION FLAG TO BE FLOWN FROM THE FLAGPOLE ATOP THE STATE HOUSE AND INSIDE THE CHAMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY DURING THE PERIOD OF JANUARY 15-24, THE MONTH OF FEBRUARY, AND ON JUNE 19, "JUNETEENTH", AND DURING "KWANZAA", DECEMBER 26 THROUGH JANUARY 1, AS OFFICIAL RECOGNITION OF THE STRUGGLE FOR LIBERATION AND SUBSTANTIAL CONTRIBUTIONS OF CERTAIN CITIZENS, IN KEEPING WITH THE LEGISLATIVE POLICY OF HONORING SUCH CONTRIBUTIONS THROUGH THE DISPLAY OF FLAGS.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator COURTNEY explained the committee amendment.
Senators FORD, McCONNELL and DRUMMOND spoke on the Concurrent Resolution.

Senator COURSON objected to further consideration of the Concurrent Resolution.

MOTION ADOPTED

On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. O'Neal Moore of the Pergamous Community and Mr. Barto Kirby of the Hebron Community of Williamsburg County.

ADJOURNMENT

At 1:22 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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