South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate


Printed Page 1 . . . . . Tuesday, January 11, 2000

JOURNAL

of the

SENATE

of the

STATE OF SOUTH CAROLINA

_______

Regular Session Beginning Tuesday, January 11, 2000

_______

Tuesday, January 11, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 11th day of the month.

Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.

The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.

Proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:

Beloved, as we begin a new session, a new year, a new century, a new millennium, hear the first two verses of Psalm 46, the King James rendering:

"God is our refuge and strength,

a very present help in trouble.

Therefore will not we fear, though the earth be removed,

and though the mountains be carried into the midst

of the sea;"
Now hear the paraphrase in the "Living Bible."

"God is our refuge and strength,

a tested help in times of trouble.


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And so we need not fear even if the world blows up,

and the mountains crumble into the sea."
Let us pray.

O God of the Universe and our Heavenly Father, we thank You for Your Providential care over us in the Twentieth Century.

You have brought us through wars (the bloodiest and the cruelest in the history of mankind), revolutions, depressions, prosperity, panic and uncertainty about the future.

Support us, now, in the Spirit, and as You did the Man from Galilee who taught us to pray together:

"Our Father, Who art in Heaven, Hallowed be Thy Name. Thy Kingdom come, Thy will be done, on earth as it is in Heaven. Give us this day our daily bread; and forgive us our trespasses, as we forgive those who trespass against us; and lead us not into temptation, but deliver us from evil. For Thine is the Kingdom, and the Power, and the Glory, forever and ever."
Amen!

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

Doctor of the Day

Senator LEATHERMAN introduced Dr. William H. Hester of Florence, S.C., Doctor of the Day.

COMMUNICATION RECEIVED
A JOINT RESOLUTION

TO DECLARE THAT THE CONFEDERATE FLAG SHOULD BE REMOVED FROM ATOP THE STATEHOUSE.

Whereas, freedom of expression is not a collective right of states or public institutions, but rather an individual right of each citizen, protected by the First and Fourteenth Amendments of the Constitution of the United States; and

Whereas, that right is unlawfully infringed, not only whenever a citizen is denied the freedom to peaceably express himself, but also whenever he is compelled to participate in any expression against his will; and

Whereas, the Navy Jack of the Confederate States of America, daily flown over the State Capitol, is not a duly adopted official banner of


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either the United States of America or the State of South Carolina and, therefore, is flown not as an official representation of either, but rather as a form of symbolic speech or expression; and

Whereas, there are citizens of South Carolina who do not choose to participate in such expression and who find it contrary to their sincerely held religious and philosophical convictions and violative of their moral consciences to do so, but who are compelled to do so by virtue of their involuntary support of the State Capitol through compulsory taxation; and

Whereas, the members of the General Assembly oppose the practice of flying the Confederate flag over the State Capitol or any other public property, and further find this practice to be in violation of each citizen's Constitutional right to be free of the imposition of compulsory symbolic speech or expression; and

Whereas, the members call upon the General Assembly to permanently strike the Confederate flag from atop the State Capitol; and

Whereas, these members seek the support of other organizations and individuals who will join us in whatever legal action is necessary to halt this flagrantly unconstitutional practice of government officials in South Carolina; and

Whereas, the National Association for the Advancement of Colored People (NAACP) has called for a national boycott of the tourism industry of South Carolina commencing on January 1, 2000, to require removal of the Confederate flag from atop the State House; and

Whereas, the Pee Dee Baptist Association, comprised of five counties and fifty-six churches, the Reverend Dr. Ezekiel Hampton serving as moderator, and the Reverend Dr. Mack T. Hines, State Representative, House Seat 59, serving as secretary, do hereby endorse the National Association for the Advancement of Colored People (NAACP) for the removal of the Confederate flag from atop the State House, from the front foyer, and from both chambers where it presently flies; and

Whereas, the Town of Timmonsville, located in Florence County, endorses all efforts to remove the Confederate flag from atop the State


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House, from the front foyer, and from both chambers where it presently flies; and
Whereas, the mayor and council further call for the boycotting of businesses owned by legislators who are flying proponents.

Now, therefore, be it resolved by the mayor and council of the town of Timmonsville on this 4th day of January, 2000, pass this resolution calling for the members of the General Assembly to remove the Confederate flag from atop the State Capitol.

            /s/ Henry B. Peoples, Mayor

/s/ Linda F. Hearon, council member

James Thomas Donohoe, council member

/s/ Clarence Joe, council member

Joseph L. Graham, council member

/s/ Michael Muhammad, council member

/s/ Johnny E. Wright, council member
ATTEST:
/s/ Clerk/Treasurer

REPORT RECEIVED

TO:         The Clerk of the Senate

The Clerk of the House

FROM:     Edward E. Saleeby, Chairman

Jt. Legislative Screening Committee to Review

SC Employment Security Commission Candidates

DATE:       January 11, 2000

In compliance with the provisions of Act 391 of 1996, Title 2, Chapter 20 of the South Carolina Code of Laws, it is respectfully requested that the following information be printed in the Journals of the Senate and the House or otherwise distributed according to law.

The Screening Process
Pursuant to Act 391 of 1996, Title 2, Chapter 20 of the South Carolina Code of Laws, the committee has considered the qualifications of


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candidates seeking election to the South Carolina Employment Security Commission.

The committee's report includes the Transcript of the Proceedings Before the Screening Committee on November 16, 1999. The transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the committee in making its findings.

TRANSCRIPT OF HEARING OF NOVEMBER 16, 1999
Report of the Members of the Joint Screening Committee to review Candidates for the Employment Security Commission:

Sen. Edward E. Saleeby, Chm.       Rep. Lewis R. Vaughn
Sen. C. Tyrone Courtney           Rep.   Daniel T. Cooper
Sen. Thomas C. Alexander         Rep. William Douglas Smith
Sen. William H. O'Dell             Rep.   Fletcher N. Smith, Jr.

Report Summary
The following persons were found qualified to be candidates in the Employment Security Commission election by a majority of the members of the Joint Screening Committee:

All three seats with four (4)-year terms to begin on July 1, 2000:
The Honorable Stephen P. Lanford
The Honorable J. William McLeod
The Honorable John L. Scott, Jr.
The Honorable McKinley Washington, Jr.
The Honorable Carole C. Wells

The candidates may begin to seek commitments after 10:00 a.m. on Wednesday, January 12, 2000.

Respectfully submitted,

/s/ Edward E. Saleeby, Chairman
Jt. Legislative Screening Committee to Review
SC Employment Security Commission Candidates


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JOINT SCREENING COMMITTEE TO REVIEW CANDIDATES FOR THE EMPLOYMENT SECURITY COMMISSION

COMMITTEE MEMBERS:
Senator C. Tyrone Courtney, Chairman
Senator Thomas C. Alexander
Senator William H. O'Dell
Representative Fletcher N. Smith, Jr.

ALSO PRESENT: James Bell, Esquire

SENATE CANDIDATE SCREENING

Tuesday, November 16, 1999, 1:40 p.m. - 2:28 p.m.

The joint screening committee meeting was held on Tuesday, November 16, 1999, at 1:30 p.m. in Room 207 of the Gressette Building, Columbia, South Carolina, before Christine A. Howell, Court Reporter and Notary Public in and for the State of South Carolina.

CANDIDATES:
Mr. Stephen P. Lanford of Roebuck
J. William McLeod of Columbia
John L. Scott, Jr. of Columbia
McKinley Washington, Jr. of Ravenel
Carole C. Wells of Woodruff

MR. COURTNEY: Want to welcome all of you here today and thank you for your patience with us. We've got another Senator who should be here shortly; the House members we don't know about. But I think Representative Vaughn said he definitely could not be here today. Representative Smith is thought to be around here somewhere but we don't know for sure, and we have not been in contact with Representative Cooper. So we have Senator Saleeby's proxy and if no one has any objections, we'd like to go ahead and proceed so you don't have to wait any longer. It's necessary that we have just a brief executive session before we begin, so we're going to ask if you'll go to Room 209 which is just next door and we'll call you one at a time and make it as painless and as quick as we can. Thank you very much.
(Off the Record)


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MR. COURTNEY: Okay, we'll begin our meeting today. Mr. Lanford is before us and at this time Mr. Bell who is our staff attorney is going to ask you a series of questions. And if you have any questions you wish to ask us, we'll be glad to answer those.
STEPHEN P. LANFORD, being duly sworn, testifies as follows:
MR. BELL: Do you affirm that the answer you previously provided the committee on the Personal Data Questionnaire and the Statement of Economic Interests are true and correct?
MR. LANFORD: Yes, I do, with the exception of the 19 that we discussed earlier.
MR. COURTNEY: Mr. Bell, let me just insert here, I think we talked to Mr. Lanford about question number 19 and there was some information that he thought in good faith that had been expunged from a 1983 incident and has agreed to amend that answer later. And I think it's the opinion of the committee that he will be allowed to do that. Is that true, Mr. Lanford?
MR. LANFORD: Yes, sir, that's fine.
MR. BELL: Do you or any member of your family own or operate any business which contracts with state or federal government?
MR. LANFORD: Just ... no, I don't. I haven't in the past. Just yesterday I received a bid to put up a tent for the University of South Carolina Spartanburg. That just happened just yesterday. It's the first time I've had any contract with the State. And that was just by bid process. But that happened yesterday. So, as of today I have to say yes, but when that was filled out, I had not done any business with the State or state institution.
MR. BELL: Okay. Thank you, sir. Do you or any member of your family own or operate any businesses that receive state or federal funds from the Employment Security Commission?
MR. LANFORD: No, sir.
MR. BELL: Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
MR. LANFORD: No, sir. Once again referring back to question 19, that was ...
MR. BELL: That you will amend?
MR. LANFORD: Yes, sir.
MR. BELL: Have you to your knowledge ever been under federal, state or local investigation for possible violation of a criminal statute? If so, explain. Again, previous question.
MR. LANFORD: Yes, sir.

Printed Page 8 . . . . . Tuesday, January 11, 2000

MR. BELL: Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?
MR. LANFORD: No, sir.
MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
MR. LANFORD: No, sir.
MR. BELL: Are you now or have you ever been employed as a lobbyist or acted in the capacity of a "lobbyist principal"?
MR. LANFORD: No, I have not.
MR. BELL: Do you know of any reason you would have difficulty performing the duties of this profession ...excuse me, of this position?
MR. LANFORD: No, sir.
MR. BELL: Okay. You're welcome now to make a brief statement about yourself and explain why you'd like to serve.
MR. LANFORD: Thank you. Gentlemen, I didn't come prepared as far as making a statement. I will tell right off that from 19 ... whenever C.D. Chamblee and Senator Foster both were running, I had given this job consideration of running then and I had actually mentioned it to several people. C.D. and I were in the same ... we shared a suite together. We were not desk mates but I was real close to Representative Chamblee. He came to me and asked me if I would consider backing out of that and just letting it be a two-man race and at that point in time I agreed. I have served both as an employer and as an employee and I think I understand the differences and I know that differences arise sometimes between employees and employers. And having served as both an employer and employee, I feel like this would qualify me to serve in this capacity.
MR. COURTNEY: Questions by members of the committee?
MR. O'DELL: Representative Lanford, do you have employees now or... are ...you have in the past, I know?
MR. LANFORD: I have in the past. I have one now. Actually, two.
MR. O'DELL: Like most business people, you have to deal with unemployment situations?
MR. LANFORD: Yes, sir, that's correct.
MR. O'DELL: Did you ever have any problems with the commission?
MR. LANFORD: No, sir, never had to go before the commission. It was always resolved between myself and the employees at the time without having to go before the commission.
MR. O'DELL: Thank you.
MR. LANFORD: Yes, sir.

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MR. COURTNEY: Any other questions? Mr. Lanford, this is something we have to ask everybody. Have you asked for any commitments from anybody today for this position?
MR. LANFORD: No, sir, I have not.
MR. COURTNEY: Made any statements that you have so many votes already committed to you?
MR. LANFORD: No, sir, I have not done that.
MR. COURTNEY: Any other questions? Do you have any questions of this committee?
MR. LANFORD: No, sir, sure don't.
MR. COURTNEY: Thank you very much.
MR. LANFORD: Thank you, gentlemen, appreciate it. Thank you, too, Senator.
(Off the Record)
MR. COURTNEY: Mr. McLeod, how are you doing today?
MR. McLEOD: Fine, Mr. Chairman.
MR. COURTNEY: Sure this is a new process for you and you're probably a little nervous and all having to go through something like this because you've never done it before, so we want to try to make you feel as comfortable as we can. We have a gentleman in the back, Mr. Foster?
MR. McLEOD: My counsel, right. My life line like they have on that show in case you all ask me something, I got my free life line.
MR. COURTNEY: We appreciate you being here today. Appreciate your service to the State. You know that this is something we have to go through every time for reconsideration. At this time I'm going to ask Mr. Bell, our staff attorney, to ask you some questions and then we'll see if anybody on the committee has any questions.
MR. McLEOD: That's fine, thank you.
MR. COURTNEY: Mr. Bell.
J. WILLIAM McLEOD, being duly sworn, testifies as follows:
MR. BELL: Do you affirm that the answers you previously provided the committee on the Personal Data Questionnaire and the Statement of Economic Interests are true and correct?
MR. McLEOD: They are.
MR. BELL: Do you or any member of your family own or operate any business which contracts with state or federal government?
MR. McLEOD: No.
MR. BELL: Do you or any member of your family own or operate any business that receives state or federal funds from the Employment Security Commission?

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MR. McLEOD: No.
MR. BELL: Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
MR. McLEOD: No.
MR. BELL: Have you to your knowledge ever been under federal, state or local investigation for possible violation of a criminal statute? If so, explain.
MR. McLEOD: No, sir.
MR. BELL: Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?
MR. McLEOD: No.
MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
MR. McLEOD: No, sir.
MR. BELL: Are you now or have you ever been employed as a lobbyist or acted in the capacity of a "lobbyist principal"?
MR. McLEOD: No.
MR. BELL: Do you know of any reason you would have any difficulty performing the duties of this position?
MR. McLEOD: I do not.
MR. BELL: Have you sought any commitments from legislators thus far?
MR. McLEOD: I have not.
MR. BELL: You're welcome to make a brief statement of how... we know that you've served for quite a while now, but why you would like to continue to serve and so forth.
MR. McLEOD: Thank you, and I'll keep it brief. Four years ago at this point I was getting ready to make a remark and the chairman, Senator Ed Saleeby, at that time said everyone knows you Beach Billy so maybe you shouldn't say anything. So, I feel a lot more comfortable today about it, but I will keep it brief. And I have served, been fortunate enough and I feel like it has been a privilege on my 12th year serving on the commission. And presently I'm the chairman and I do have the longest seniority of any of the present members. And I serve with some great people, Cecil Standiford for four years whose from Senator Alexander's area. And Lem Harper who, I call him Dean, of course, you all know Lem. But I've served with Lem for eight. I've had the privilege of serving with Sam Foster now for eight years and Ms. Wells for four. And I think I've learned something from each one

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of them. And I just feel like going into the changes that we'll be experiencing in the next century that I do have the experience that I can provide to the agency. I think I've been there long enough now that I can help the agency and contribute something. So, that's why I decided to offer for reelection. I did move here after I first got elected. I made a pledge to the General Assembly at that time that I considered it a full-time job and I would make it a full-time job for me and I moved my family here and have been living in Columbia since 1990. So, other than that, I think that's all. And I'll be glad to answer any questions that any of you would have.
MR. COURTNEY: Questions from members of the committee?
MR. ALEXANDER: If the Senator from Abbeville doesn't ask it, I think it's a good question. Commissioner, with your previous experience, you've obviously handled working with the commission side of it, you've also had employees and been an employer, as well; so, you've got a good balance and understanding of things that come before it?
MR. McLEOD: I have. Of course, I farmed and owned a general store before being elected to the commission and at the time I was elected, we got rid of our grocery store because I felt like that was too much. But yes, I've seen both sides of it. I've had employees who've worked for me and I know what the employers go through and on the other side, I have worked some on both sides. You know, I think being there too, you come over the years to understand employers' positions but yet you realize sometimes that employees are laid off at no fault of their own and they're entitled to unemployment. So, I think you have to be aware that it's a good service. It's something we need, but yet you've got to ... it's got to be managed right.
MR. COURTNEY: Any other questions?
MR. O'DELL: Mr. Chairman, I just wanted to ask Billy how he got the name Beach Billy.
MR. McLEOD: I sure appreciate that but ... you mean now?
MR. O'DELL: We'll remind you that you are under oath.
MR. McLEOD: I'm afraid this is on the record, too.
MR. O'DELL: Just forget that question.
MR. McLEOD: Thank you so much. I'll be glad to tell you at a later time.
MR. O'DELL: I just want to comment and commend you on these letters of recommendation. You've got a real list of outstanding people who are recommending you.
MR. McLEOD: Thank you.

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MR. O'DELL: I think that's commendable.
MR. McLEOD: I appreciate each one of them, too. I think I've got a good variety of people there that ... and most of them, you know, I really didn't have to ask them to say anything that wasn't true. Most of them, I think, knew me well enough they could give me a good recommendation.
MR. O'DELL: I read the Chaplain's letter and I thought it was ...
MR. McLEOD: I know that one probably got you there.
MR. COURTNEY: Any other questions? Mr. McLeod, two things I'd like to note. One I'd like to clarify and I've been asking everybody is you have not asked for commitments from anybody for this position to date?
MR. McLEOD: No, sir.
MR. COURTNEY: And you have not made any statements to anyone that you have already obtained a number of commitments or anything for re-election?
MR. McLEOD: Mr. Chairman, I think being an incumbent, I'm probably different from some people. I've had the privilege of being elected three times, so I kind of have an idea about my past elections, you know, who I feel like is favorable, but no, I have not. I know the rules and I have not asked anyone to vote for me, commit to me because I realize that, we're not supposed to do that. I think the question that we were talking about today and I'm sure you all will clarify it, is that, after the reports, is that ... or is it after the hearing? I think that's something that we may should be told to kind of clarify that, whether it be after this hearing today or after you all issue a report.
MR. COURTNEY: Our understanding is that commitments cannot be sought until it is reported and made part of the journal on the floor of the House and Senate.
MR. McLEOD: That's what I was thinking, so no, but I am aware of it and I have not. To answer your question, no, I have not.
MR. COURTNEY: The other thing I'd like to ask you is since you've been on the commission now for some time, is there anything that you would recommend as far as changes that need to be made to the commission or things that you think that the General Assembly ought to consider to make it a better agency?
MR. McLEOD: I do not. And there's been talk about increasing the number of members, which I don't think that certainly is justified. I've heard we're the only State now that you all, the General Assembly, elects the commissioners. In most states the commissioners are appointed by governors and everyone we talk to when we go on

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conventions and all say, they tell us they like our system better because you'll change usually when the governor changes. And I think we're the only State, there may be one other one which is at the advice of the Senate but we're the only one that still are elected by legislators and will come up before you all every four years. And I think that's a good system because if we fail to do a good job, you certainly have a way of removing us from it, but yet you're not removed if you're doing a good job and you just happen to be in the wrong party. I think our system ... I don't know of anything offhand that ought to change.
MR. COURTNEY: Thank you.
MR. SMITH: Does that mean if you're in a Halloween party or ... I know what you mean.
MR. McLEOD: Yes. Political parties. Anything else?
MR. COURTNEY: No, sir.
MR. McLEOD: Thank you very much.
(Off the Record)
MR. COURTNEY: Mr. Scott, how you doing today?
MR. SCOTT: Just fine, Mr. Chairman.
MR. COURTNEY: Just make yourself comfortable there. We appreciate you being here and we appreciate your interest in the position and obviously you're serving the General Assembly and you understand the process that's required of everybody who is seeking a position such as this. So, to begin with, Mr. Bell, our staff attorney will ask you questions that he'll be asking everyone. And then we'll allow any members of the committee to ask any questions that they would like to ask you. And we'll give you a chance to make a statement or anything personal that you want to add.
MR. JOHN L. SCOTT, being duly sworn, testifies as follows:
MR. BELL: I have a few questions. Do you affirm that the answers you previously provided the committee on the Personal Data Questionnaire and the Statement of Economic Interests are true and correct?
MR. SCOTT: That's correct.
MR. BELL: Do you or any member of your family own or operate any business which contracts with state or federal government?
MR. SCOTT: No.
MR. BELL: Do you or any member of your family own or operate any business that receives state or federal funds from the commission?
MR. SCOTT: No.

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MR. BELL: Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
MR. SCOTT: No.
MR. BELL: Have you to your knowledge ever been under federal, state or local investigation for possible violation of a criminal statute?
MR. SCOTT: No.
MR. BELL: Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?
MR. SCOTT: No.
MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
MR. SCOTT: No.
MR. BELL: Are you now or have you ever been employed as a lobbyist or acted in the capacity as a "lobbyist principal"?
MR. SCOTT: No, I haven't.
MR. BELL: Do you know of any reason why you would have difficulty performing the duties of this position?
MR. SCOTT: No.
MR. BELL: At this time if you'd like to make a brief statement about why you'd like to serve, you may do so.
MR. SCOTT: Mr. Chairman and distinguished members of the committee, first let me say having had the opportunity from 1975 to serve under two governors for what was at the time called Comprehensive Employment Training Act. In that capacity I served both as a field representative, accountant, auditor and many others. That division now is part of Employment Security which is also part of its mission statement called Work Force Preparation Training Act. I mostly do it now. It's new component is JTPA. Outside of what the Employment Security mission statement is, having also worked on the second part of this, its overall mission and that is Work Enforcement Exchange. Having also had experience in working with a number of its offices in the field, employment security offices during the time of high recession also in the State. The only portion of the employment security that I have not had the opportunity and that is the unemployment insurance. That's the folks who handle disputes when they come in terms of what they feel or because of having lost a job not of their own fault but they're entitled to get insurance. I think with that, along with my experience in the General Assembly, state government, and local government, makes me one of the better candidates to be able

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to fulfill the obligations. Also having had the opportunity for nine years to sit where you now sit also on the committee, I've had the opportunity to screen a number of persons who have come through who also felt that they were also ready for the commission and made that decision which direction they needed to go. At this time, Mr. Chairman and other distinguished members of the committee, I will entertain any and all questions.
MR. COURTNEY: Thank you, Mr. Scott. Any questions by the committee? Mr. Alexander.
MR. ALEXANDER: Just one inconsistency here, you've been in situations as far as employment where you've been an employee and been an employer in your career?
MR. SCOTT: Under the Competency Employment Training Act, which was part of the Governor's office, back in, I think, the 1974 then up to 1975 when the regulation came out for public service employment, OJT classroom training and other components, training components, I worked in that capacity as administering contracts throughout the State of South Carolina. Forty-six counties... I was assigned ten of the 46 counties that had the highest employment. Let me say until 1979 and '80 South Carolina was number one in the county in terms of job placement. I'm happy to have been a part of that opportunity under the leadership at the time of Governor Dick Riley.
MR. COURTNEY: Any other questions? Mr. Scott, I just need to ask you the same question I'm asking everybody. You have not sought commitments from any members of the General Assembly at this point?
MR. SCOTT: No, sir, not yet.
MR. COURTNEY: And you have not represented to anyone that you have already received a number of commitments from anyone?
MR. SCOTT: No, sir, not yet.
MR. COURTNEY: We want to make sure that you understand that commitments cannot be sought by you until such time as a report is given and asked to be made a part of the record on the floor of the Senate and the floor of the House.
MR. SCOTT: Yes, sir.
MR. COURTNEY: So, until that time, obviously you can't seek commitments from anyone.
MR. SCOTT: Thank you.
MR. COURTNEY: Any other questions?

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MR. O'DELL: Mr. Chairman, I would ... Mr. Scott, your employment history has been with state government. You've never worked in business outside of the state government?
MR. SCOTT: At present I'm with two companies, one established in 1981, JL Scott Realty Company which is my primary employment, and a second company in which I'm a silent partner, Mid State Mortgage Company.
MR. O'DELL: Do you have employees in JL Scott Realty?
MR. SCOTT: Yes, sir.
MR. O'DELL: So you have to deal with unemployment ...
MR. SCOTT: No, sir, no, I don't, in that my folks are contract, contract people. They pay their own taxes, federal taxes, given a 1099. We don't have what you would call a secretary pool or something of that nature. Now, the other company, we do.
MR. O'DELL: Thank you. No other questions.
MR. COURTNEY: Just to clarify for you, Mr. Scott ... I guess we really need to probably write each member that came here today as to this. You can't seek commitments and neither can anyone else on your behalf until such time as it is filed on the floor of both houses.
MR. SCOTT: Thank you.
MR. COURTNEY: Thank you, Mr. Scott, appreciate you being here.
(Off the Record)
MR. COURTNEY: Senator Washington, we're happy to have you with us today as always and we appreciate your interest in this position. You've been through a lot of these over the years but just to give you a little outline, Mr. Bell, our staff attorney, has a few questions that he has to ask you. When he's finished, we'll allow you to make a statement about why you have an interest in the position and then following that any members of the committee may have some questions for you.
MR. WASHINGTON: Thank you, sir.
MR. COURTNEY: Of course, if you have any questions, we'll go ahead and try to answer those for you, too. Mr. Bell.
McKINLEY WASHINGTON, JR., being duly sworn, testifies as follows:
MR. BELL: Do you affirm that the answers you previously provided the committee on the Personal Data Questionnaire and the Statement of Economic Interests are true and correct?
MR. WASHINGTON: I do.
MR. BELL: Do you or any member of your family own or operate any business which contracts with state or federal government?

Printed Page 17 . . . . . Tuesday, January 11, 2000

MR. WASHINGTON: No, sir.
MR. BELL: Do you or any member of your family own or operate any business that receives state or federal funds from the commission?
MR. WASHINGTON: No, sir.
MR. BELL: Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
MR. WASHINGTON: No, sir.
MR. BELL: Have you to your knowledge ever been under federal, state or local investigation for possible violation of a criminal statute?
MR. WASHINGTON: No, sir.
MR. BELL: Has a tax lien or a collection procedure ever been instituted against you personally by federal, state or local authorities?
MR. WASHINGTON: No, sir.
MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
MR. WASHINGTON: No, sir.
MR. BELL: Are you now or have you ever been employed as a lobbyist or acted in the capacity of a "lobbyist principal"?
MR. WASHINGTON: No.
MR. BELL: Do you know of any reason why you would have difficulty performing the duties of this position?
MR. WASHINGTON: No.
MR. BELL: Senator, you're welcome to make a brief statement about why you'd like to serve.
MR. WASHINGTON: Thank you. Mr. Chairman and members of the screening committee, thank you for having me here today. And, of course, you know I've been a public servant for many years. Twenty-five years ago I got elected to the House of Representatives and have served in the House for 16 years where I've served as a member of the House Ways and Means Committee, served as Chairman of the House Operation and Management Committee, and served as Vice Chairman of the House Education Committee for many, many years. Of course, the last nine years serving in the Senate on the Senate Finance Committee and also the Senate Operation and Management Committee and Education Committee. So I've enjoyed the service that I have performed and particularly serving in the legislature these past 25 years. And, of course, I feel that this is an opportunity I am to allow someone else to take up where I left off as far as the members of the General Assembly and to continue to be a public servant working in the

Printed Page 18 . . . . . Tuesday, January 11, 2000

area of sitting on the Employment Security Commission will give me a new opportunity, a new challenge really to serve humanity. And this is one of the major reasons that I am offering for the job as a commissioner on the Employment Security Commission.
MR. COURTNEY: Thank you, Senator. Members of the committee, any questions? Senator O'Dell.
MR. O'DELL: Senator, just one inconsistency, as well, over the course of your work experience and opportunity that you've had, did you experience both the opportunity to be an employee and on the employers side, as well?
MR. WASHINGTON: Yes, sir. Yes, sir. No question about that.
MR. COURTNEY: Any other questions? Senator, just a couple things that I'd like to clarify. First of all, I need to ask, you have not sought any commitments from anybody for this position, have you?
MR. WASHINGTON: No.
MR. COURTNEY: And you've not represented that you have any number of commitments up to this point?
MR. WASHINGTON: No, sir. I wish that was possible.
MR. COURTNEY: But we do need to tell you that you're not allowed to seek commitments until such time as a report is issued and filed on the floor of both houses of the General Assembly which will be after session begins obviously. Nor can anyone on your behalf seek or request any commitments for you until that time.
MR. WASINGTON: I understand, sir.
MR. COURTNEY: Senator, we appreciate you being here.
MR. WASHINGTON: Thank you.
(Off the Record)
MR. COURTNEY: Ms. Wells, how are you doing?
MS. WELLS: Fine, thank you.
MR. COURTNEY: Have a seat and make yourself comfortable. Carole, we just want to let you know briefly what's going on. You've served in the House and I believe you've served on some committees, but Mr. Bell has a few questions he has to ask of you as the staff attorney. They're questions that he's asked everybody. Once he's finished, we'll allow you to make a brief statement as to why you would like to continue serving on the Employment Security Commission. And then we'll certainly open it up for any committee members to ask any questions they feel like they need to ask you or if you have any questions, we will answer those. Mr. Bell.
CAROLE C. WELLS, being duly sworn, testifies as follows:

Printed Page 19 . . . . . Tuesday, January 11, 2000

MR. BELL: I have a few questions for you. Do you affirm that the answers you previously provided the committee on the Personal Data Questionnaire and the Statement of Economic Interests are true and correct?
MS. WELLS: Yes, I do.
MR. BELL: Do you or any member of your family own or operate any business which contracts with state or federal government?
MS. WELLS: No.
MR. BELL: Do you or any member of your family own or operate any business that receives state or federal funds from any agency, board or commission?
MS. WELLS: No.
MR. BELL: Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?
MS. WELLS: No.
MR. BELL: Have you to your knowledge ever been under federal, state or local investigation for possible violation of a criminal statute?
MS. WELLS: No.
MR. BELL: Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?
MS. WELLS: No.
MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
MS. WELLS: No.
MR. BELL: Are you now or have you ever been employed as a lobbyist or acted in the capacity of a "lobbyist principal"?
MS. WELLS: No.
MR. BELL: Do you know of any reason why you would have difficulty in performing the duties of this position?
MS. WELLS: No.
MR. BELL: You're welcome at this time to make a statement about why you'd like to continue serving.
MS. WELLS: First of all, I want to say thank you for allowing me to serve the four years. Four years ago when I was before this committee, I told them that I felt that I would make a good commissioner and I would do my very best. And I'm here today to tell you that I feel I've fulfilled that. I believe I've been a very good commissioner. In the almost four years that I've been on the commission we have never had over two of our decisions overturned a year. In some years we didn't

Printed Page 20 . . . . . Tuesday, January 11, 2000

have that and I think that says a lot for the commission itself. But I was part of that commission. I feel that I've given fair treatment to everyone that's come before me and I will continue to do that and I think that I made a good commissioner and I serve the body well and I'll continue to do that.
MR. COURTNEY: Any questions by members of the committee?
MR. ALEXANDER: Good afternoon. In the course of your employment over the years of being involved in the work force, have you had the opportunity to experience being an employee as well as experience being an employer over the years?
MS. WELLS: Yes.
MR. COURTNEY: Any other questions? Mr. Smith?
MR. SMITH: I know you're not using this at all, but you are the only female we have on here.
MS. WELLS: I'm the first and only.
MR. SMITH: Yes, thank you.
MR. COURTNEY: Let me just clarify a couple things, Ms. Wells. First of all, you have not asked for any commitments to date for this position, have you?
MS. WELLS: No, sir, I have not.
MR. COURTNEY: And you have not represented to anyone that you have any number of commitments already, have you?
MS. WELLS: No, sir, I have not. I don't have any idea of what's out there.
MR. COURTNEY: And we need to just to make sure you understand that until we issue a report and it is actually read into the journal of the Senate and the House that you are not allowed to seek commitments and no one on your behalf will be allowed to until that time. The only other thing that I would ask you is having been on the commission after four years, is there anything that you would recommend us as members of the General Assembly, as far as... to make this a more effective... or make it better... any changes?
MS. WELLS: I really don't think there's any changes to be made on it right now. Each year we seemed to be improving. We're considered ... I don't know if the others have told you this or not, but we're considered the number one agency for employment security in the country at this time. For the last four years, we've won that honor and we're very proud of that. So I think we're doing a good job.
MR. COURTNEY: Anything else? I thank you very much for coming and we'll be in touch with you some time in the future.
MS. WELLS: Thank you, gentlemen.

Printed Page 21 . . . . . Tuesday, January 11, 2000

MR. COURTNEY: Thank you, Ms. Wells.
(Off the Record)
MR. COURTNEY: There's a motion by Representative Smith as to find all candidates qualified, and it's seconded.
MR. ALEXANDER: Second.
MR. COURTNEY: Seconded by Senator from Abbeville. All in favor, "aye". (All members say "aye" at this time.)
MR. COURTNEY: Any "no's"? "Ayes" have it, so a report will be issued some time in the future.
MR. SMITH: Motion to adjourn.
MR. COURTNEY: Before we do adjourn, we need to clarify that we were talking about the issue of those who are actually serving in the legislature. I don't know if we resolved that or not. But are they allowed to sit while it's pending or does it take effect once they're found qualified? I guess they need to know that.
MR. BELL: Yes, I'll make the candidates aware of that.
MR. COURTNEY: Does it require, I guess, that they ...
MR. BELL: I think it's a privilege of the floor.
MR. COURTNEY: Privilege of the floor. Okay. So, you can't go on the floor.
MR. BELL: I'll seek some legal advice on that.
MR. COURTNEY: I think we should write them and directly remind them of the fact that they cannot seek commitments or anyone acting on their behalf can't seek commitments until a report is filed and read into the journal on the floor of the Senate and House.
MR. BELL: Okay.
MR. COURTNEY: So, there isn't any dispute or question about it coming back to you. We want them to understand that. All right, we have a motion to adjourn.
MR. SMITH: Mr. Chairman, do we leave the books?
MR. COURTNEY: Yes, we'll leave those. Thank you very much.
(There being nothing further, the deposition concluded at 2:28 p.m.)

* * *

Remarks by Senator DRUMMOND
PRESIDENT Pro Tempore

Senator DRUMMOND, PRESIDENT Pro Tempore, was recognized to address remarks to the Senate.

Ladies and Gentlemen of the Senate, I want to welcome you to this year 2000 meeting of this Senate. I want to also rise here today and tell


Printed Page 22 . . . . . Tuesday, January 11, 2000

you that this is the 50th anniversary for our Chaplain of this Senate and the 35th anniversary of your speaker, today. Either 34 or 35 years I've been in this body. I love this Senate. You all know that.

I rise today also to thank you. All of you know that I had a tough time last year, but you made it possible for me to get through it. You put up with me, I know, doing some things that probably I should have been called to the carpet on, especially on the budgets. And, I want to thank you for that.

Last year, we had the best year, I would say, I know, in my 35 years here, for all the people of South Carolina. Every one of you, on both sides of the aisle, when you run, if you decide to run this year, you can take pride in that. Democrats didn't do it. The Republicans didn't do it. This Senate did it. It was the best thing that I know -- the best budget that I can ever remember for all South Carolinians.
I feel real positive about what's coming up this year and I'll tell you why. I love to read the newspapers. When Senator LEATHERMAN had a conference yesterday, he tried to outdo the Democrats. The Democrats have one and they try to outdo the Republicans and both of us are right because both of us are trying to do as much as we can for education, health care and the elderly, transportation, all these things. That's good, and especially when each one of us is trying to outdo the other in what we are trying to do good for South Carolinians.

Now, I'll tell you that you are going to see a different John Drummond at this podium this year. Sometimes I may be speaking and you don't know what I'm talking about. And, maybe they say, "that's not John Drummond." It may be Miss Holly talking to you because she had a lot of influence on me. She's reminding me all the time, "Love your neighbors as yourself" and everything else will be fine.

She wrote to many of you. I know that. Last year we started, I had one of these daily Bibles and she had a daily Bible and everyday we read all the way through it so when this year was over, I don't know how far we got, but I took my Bible and gave it to one of our employees in Greenwood. I doubt if she read it much but she promised me, she'd read through it. Well, I started back this year, and I picked up Miss Holly's Bible and lo and behold, in the borders of that Bible, she pretty well told me everything we did last year. "John's going to the Senate today." "So and so's taken up." And the successes we had were noted there over and over and over and I'm seeing it now -- that had a lot of influence on John Drummond. And, she always said, "Love your neighbor as yourself." So, that's why I'm coming to you


Printed Page 23 . . . . . Tuesday, January 11, 2000

today. We are all God's children, every one of us. We may not look alike. We don't look alike. But, we are all God's children. Every one of us.

Now, I grew up in a big family -- seven of us, six boys and one girl. All seven of us were in WWII together overseas and the Lord brought every one of us home. But, I'll tell you in that close-knit family, we had disagreements. Sometimes we'd get down to pretty well punching each other. My dad had one good thing he used to say, especially with boys. He had two pair of boxing gloves and he'd make us put on the boxing gloves. And, he'd make us get out there and pop each other around a little bit. When we took the boxing gloves off, he'd bring us together and this was the toughest part of all and he'd say, "Now, kiss and make up." "Daddy, don't make me kiss Vic. No, don't make me." We settled it, see? We were family and we were friends.

I know we are facing some tough decisions this year, but, we are going to come out of it. I have the greatest confidence in this body. We are going to come out of it. We are going to compete from each side of the aisle. Senator LEATHERMAN, we're going to try to out-do you and I know you are going to try to out-do us. But, the beneficiary of all of it is going to be all South Carolinians.

So, I'm going to ask you. I'm going to plead with you and I'll pray with you to always remember that we're all God's children. Every one of us. Let's don't ever forget that. You know what? South Carolina, the Senate, the House, everybody in this State will win. Every one of us. So, let's just before we do anything drastic in any way, let's shut our eyes and just ask for some guidance before we take the podium on this issue we've got coming up and I believe -- I know -- we will come out on top.
Thank you for listening to me and listening to Miss Holly.

* * *

On motion of Senator WILSON, with unanimous consent, ordered printed in the Journal.

Expression of Personal Interest

Senator JACKSON rose for an Expression of Personal Interest.

Remarks by Senator JACKSON

Thank you, Mr. PRESIDENT. I want to say, "Welcome back to Columbia" to all my colleagues and certainly, "Happy New Year" to you. And, to Senator DRUMMOND, who I consider one of the greatest leaders I've ever known in any phase of work that I've ever


Printed Page 24 . . . . . Tuesday, January 11, 2000

done, be it religious, political or civic. I think that I have found a higher level of respect for Senator DRUMMOND and particularly as of late for some meetings that I've had with him - because I think the remarks that he made earlier today are sincere and he sincerely means it from the depths of his heart. And, I've seen him volunteer to take on some pressure that other men have run away from and so I commend him and I will say to him that I would never do anything to disrespect Senator DRUMMOND or this great body.

Before I first stepped foot in this Senate Chamber as a Senate page and my Senator was Senator TOM TURNIPSEED, who is back in the back -- I think the year was 1978 or 1979 -- at that time there were no African-American Senators. But, I did not blame this body or anyone else for that. I knew that we were working toward progress. And, one of the things that I feel passionately about, and I must confess over the past several months, I've been personally hurt that others have questioned my motives and my passion as it relates to this issue. I guess the thing that has disturbed me so much is that as much as I appreciate and as much as I admire the Senator from Greer and others, I appreciate their passion. I've seen him cry tears at this podium and no one ever questioned the sincerity of his passion for his issue.

But, over the last several months I think what has happened to this State is, that I think, we, in fact, have deteriorated to what I've called, "the worst of the worst" and that is when we start questioning the intent and the hearts of people that we are opposed to on certain issues.

My father always said to me, "You can question their strategy. You can go after them" -- and we are as competitive -- I have two other brothers and from the day we were born, we were competing with each other. I have 12 male cousins who I grew up with as brothers and we compete every single day. The moment I began talking, we started debating politics and civic issues in my family. But, my father says, "Never question the intent of a man's heart." He says when you do that, that's the highest form of insult you can give to someone. And, so, it disturbed me when my own colleagues questioned the motives that I have as they relate to the passion of this issue.

Let me just get the record straight and this is no reflection of how anybody else feels. The Confederate banner flag offends me personally. There is no better way I can tell you. It breaks my heart. My uncle, every year of my life since I can remember, has told me the story of a woman by the name of Helen Jackson. And, he tells me this out of no disrespect for anybody else. But, he reminds me from the beginning, in my house right now, we have records of relatives of mine


Printed Page 25 . . . . . Tuesday, January 11, 2000

who were sold to the highest bidder here in Richland County. It offends me personally. For the past seven years, I have said that to people individually. I've told people that. But, yet, I think that I've been someone who's tried to be moderate and tried to understand where others were coming from. And, that is what led me to support the Heritage Act in 1994.

But, you know what? After I supported that Act in 1994, I went home and my uncle, Senator DRUMMOND, came by to see me. And, he literally cried on my shoulders. He said to me, "Son, I know you did what you thought you had to do." He said, "But, when you go back, defend the legacy of your great grandmother and others." And he said, "You don't have to insult anyone. But, you fight for what you believe." He said, "If it flies on the corner of Gervais and Main Streets, I would never stop at that intersection again in my life." My uncle, who is 71, and my father, who is 72, have been in this State Capitol once in their life and that is the day I was sworn in. They made me do it on a non-legislative day. As he sat in that Chamber and watched me being sworn in, he cried. I asked him, "What's wrong?" He said, "Because I know that I'll never return to that Chamber again. I don't care what it is you are discussing. Because it offends me when I walk in that Chamber."

And, even as a Christian I sometimes wonder if we really practice the sentiments of Christ -- if we really care about how someone else feels. I know everyone has their story of what they must tell and that's fine. But, I wonder if we care about how others feel that we are offending.

My son asked me, "Dad, if Christ was a Senator, how do you think he would vote?" I said, "Why don't you answer that? As a matter of fact why don't you write me a note on it?" And he said, "Everything I read, He's always felt sympathy for those who were hurt and He never tried to hurt anyone."

I rise to say of all of the things that I've seen, Senator from Charleston, Senator RAVENEL, I don't think anything upset me more than to pick up the paper on Sunday morning before I went to my pulpit at my church and I have to face people every Sunday. I tell people I'm not concerned about what a poll says or anything else because every Sunday, three times a week at my church, I face approximately 3,000 people and I tell them out of my heart how I feel and they tell me out of their heart how they feel. When I picked up this paper Sunday and I read a comment from a former Congressman and a State Senator who referred to the NAACP as the "National Association for the Retarded


Printed Page 26 . . . . . Tuesday, January 11, 2000

People," it took me 30 extra minutes before I went to the pulpit because I could not believe it and I read it over and over again. I said, "I'm sure it's a misquote." Someone else came to my office and said, "Did you see that?" I said, "Yes." He said, "Are you going to preach on it?" I said, "No, I will not."

Let me tell you how I feel when I see this. When I see this, this is an insult to Thurgood Marshall. It's an insult to Matthew Perry who allowed me as a young boy to go to his office and just ride around with him to show me that as a young black male, you do not have to resort to violence and crime, but you can do the right thing and your peers would appreciate you. It's an insult to Rosa Parks. But, Senator DRUMMOND, what really disturbed me was, it is an insult to my father, who is a lifetime member of the NAACP.

Three weeks ago, we had a drive for the NAACP at my church. My aunt, who was 73 years old three weeks ago, sick, feet swelled, fluid around her lungs and heart, pressed her way out to church, signed a letter, put her money in the envelope and for the first time, Representative Howard, she became a member of the NAACP. And, you know what? Six o'clock this morning, she died. Six o'clock this morning, she died.

And, so, Senator RAVENEL, when you use this statement, you've insulted her because she was 73 years old on a fixed income, Social Security. But, she signed up for the NAACP because she believed their cause. And, for anybody to tell me, "Don't get angry," you don't understand humanity... But, I tell you this. I may be angry, but I'm not seeking vengeance. Because I'm going to show you about the God I serve and about what he teaches me and that is to love everyone, even those who spitefully use you and those that have hurt you. I've never been more hurt in my life than to have to read this article.

And, this morning at 6 a.m., when my aunt died, my wife told me, she said, "Are you going to the Senate Chamber?" I said, "Even more so." Because one of the last things Mrs. Mazelee Loyd did at our church, was to take her money, cash money, and put it in an envelope and seal it up and say, "I want to be a member of the NAACP." And, I'm here to tell you, she wasn't retarded. She was a faithful woman who loved her State, loved her country and loved her God. So, that's why you owe her an apology. You owe her children an apology. You owe the State of South Carolina and this nation an apology.

And, because of Senator DRUMMOND, and what he's asked me to do, if you don't, I will still love you as a brother and I will still respect this institution, but I would tell you, the legacy of this institution will


Printed Page 27 . . . . . Tuesday, January 11, 2000

be damaged in my mind. Not just because of what he said, but what the rest of you refused to say by not asking him to apologize.

Thank you and may God bless you.

* * *

On motion of Senator ANDERSON, with unanimous consent, ordered printed in the Journal.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Remarks by Senator RAVENEL

For those of you who don't know, I want to tell you all what happened on Saturday.

As you know there was a rally for the flag, supporters of the flag from all over the State -- United Daughters of the Confederacy, Sons of Confederate Veterans, the five or six of us who are members here, and, literally thousands of private citizens.

I really never saw such a beautiful sight as what occurred on Saturday. Everything was orderly. We were there at the bottom of the steps and they had had a service at Elmwood Cemetery. Of course, those of you who paid close attention to what was going on, the 22,000 or 23,000 names of those young South Carolinians who had answered their state's call, to defend their State from Northern invasion and who had lost their lives. All those names were read. Four of them were Ravenels. I have a copy of the Book of the Dead and I've showed it to some of y'all to pick out your relatives who lost their lives there. And, all night long they had read those names. They held a religious ceremony out there at Elmwood where they have a section reserved for Confederate dead - where they were burying them during the war. We have the same thing down there at Magnolia Cemetery where we just recently buried the crew of The Hunley, one of the crews of The Hunley that was recently discovered under the Citadel Stadium. Of course, you all probably were aware of that. It was a very moving ceremony.

So, we stood there and we saw this long line of waving flags -- battle flags, all the different flags of the Confederacy, all the unit flags of the different South Carolina units who had fought during the war. And, they just came and came and came and came. I really thought that, if they'd been able to get 2,000 people here at the State House, they'd be very fortunate. Well, the hostile press, because the press is always hostile to anything conservative or having to do with Southern history or Confederate history or what have you, they estimated the crowd at


Printed Page 28 . . . . . Tuesday, January 11, 2000

6,000. Well, if they estimated the crowd at 6,000, there must have been at least 7,500. And, they flowed in and flowed around and flowed in.

Then the ceremony began and they had a number of speakers there. And, incidentally, from Alabama, the last living Confederate widow was there. The very last one. She was waving her little battle flag and that was an emotional thing. It's an emotional issue. You all know that. Black and white. We know how emotional it is.

And, I had been asked to come and introduce Mrs. June Wells, who is the President General of the United Daughters of the Confederacy. I reckon I was maybe about 4th or 5th to speak and what happened to me was I was sitting there -- as most of you know, a good many of you know, I have a retarded son, William. He's almost 41 years old. He'll be 41 on the 23rd of January. I am a past President of the South Carolina Association for Retarded Children; I always have worked for the National Association for Retarded People; and, right now, Senator LEATHERMAN, as you know, because we have the same problem with our regional center, I had agreed to go and meet with our parents' association on Sunday afternoon. And, I looked at my schedule. All of us, most of us, live by a schedule, and I had the place, but I didn't have the time and I was thinking about it. And, then the speaker concluded and he called on me.

And, of course, some of the rhetoric was pretty hard rhetoric. It gets hot on both sides as it does here in the Senate. So, I got up and I was to introduce June, Ms. Wells, and I just felt like I had to say something -- in the light of things that had been said, 'bout what the NAACP had said about the flag that I love and cherish. I love that old battle flag. As do many, many South Carolinians. It's an emotional thing with me. Those of you who don't like it, it's an emotional thing with you. But, it's an emotional thing with me.

You want me to respect and love what you love and respect. How about me? How about all us South Carolinians? How about all those sons of Confederate veterans? They're all up there. How about all those daughters of the Confederacy? The gallery is filled with them -- so delighted to see you all here today. So, here's what I said. I said, "I cannot believe, I cannot believe that the Senate of South Carolina would pull its wool or knuckle under to the National Association for Retarded People." Everybody whooped and hollered and yelled. Y'all were all there. Nobody said, "Arthur, what did you say?" or "Why did you say that?" or "How come you said, 'the National Association for Retarded People?'" None of the press who were there, nobody said anything to me about it. I didn't realize what I had said.


Printed Page 29 . . . . . Tuesday, January 11, 2000

I went on home and read the Sunday paper. It wasn't in the Sunday paper that I had said anything -- it's the Charleston paper. I got William from his community house and we went to church and then we had dinner with my oldest daughter, Suzie -- a lot of you know Suzie. She said, "Daddy, did you really say this?" I said, "What do you mean?" She said, "Look at The State paper." The State paper said exactly what I have told you that I said. I did not mention the NAACP. Oh Lord, I wish I had, because that was the gang I was after.

Right now, the National Association causing all this uproar, causing me to be up here, causing Senator JACKSON heartache, causing Senator DRUMMOND heartache and all, they're the crowd based in Maryland, the national organization, who, knowing that the battle flag of South Carolina is always an easy target, great way to raise money, you jump on the flag down there in South Carolina and we all know the terrible problems that the NAACP has had in just recent years and that their funding, their income, was down and they're all over us, all over us -- causing the deterioration of the relationships that we have here in the Senate and throughout this State.

I could not help but be amused the other day to read in the paper that group out of Clemson who ran the survey (the survey incidentally showed that 66 2/3%, which is two-thirds of those queried) said they did not want the flag to leave the dome or to leave the capital grounds. That's two-thirds. That's a bunch. Anything over 56%, you know, is a landslide in an election. We all have got one coming up.

Anyhow, anyhow, I couldn't believe that I had said that. I said, "Senator PATTERSON, knowing that bunch of drunks at The State -- but you and I know 'em" -- I said, "I'll bet you they put that in there to put a knife in me." When I get to the office Monday morning, I'll call the Heritage folks in Columbia who I know taped what I had to say and taped the whole thing and ask them to play it for me.

Senator McCONNELL, I'm driving on in and, man, I tune in to talk radio -- we have two talk radio stations there -- and they duel each other and they just beat up on everybody. You know, sometime you're with them, sometime you're again' 'em. You know how talk radio is. And, they were playing what I had to say, over and over again, which was exactly what I told you. No different.

Fellow came in the office this morning from Georgetown County, Pawley's Island, a black man, a constituent. "How come you called the NAACP retarded?" I said, "I did not." And I went through the scenario with him. Said, "I'll tell you what. Give you $1,000 if you can find where I called the NAACP retarded. I did not do that. Didn't


Printed Page 30 . . . . . Tuesday, January 11, 2000

do it." So, anyhow, anyhow, old Michael Graham was giving your cousin, Senator, just giving me down the river.

I said, "My goodness, I did say it." So, right now, we, who are the Southern Heritage people -- we, who love that old flag -- we, who believe and love the monument out there, love all the portraits here, the old Confederate Generals and bust of General Lee out there and the picture of Sgt. Kirkland downstairs which we couldn't find, but you found it, Senator, and had it put back up, the Angel of Marie's Heights, love all those things. Love all those county monuments to the Confederate dead, you know. That's what they're after. We do not believe, we do not believe that, if the flag comes down off the dome, now the NAACP said, the local folks said either Friday or Saturday, they wanted it away from state property altogether, not only off the dome, but off the State House grounds. And, we feel that, if it comes down off the dome and goes to the grounds or is completely removed, the next thing you know they'll be after the monuments and what have you and we're upset about it. And, if you don't believe that being upset about our heritage can inspire pretty vigorous political activity, you ask my old friend, David Beasley, and I stuck with him 'til the end. Made the last talk for him in Charleston, although I violently disagreed with him about his move on the flag. You ask David about it.

So, anyhow, that's what happened. Doing some research on the NAACP, downloading a bunch of stuff off the internet. Later on, if it comes to that, I'll share all that with you. You can find out about the national organization, the character of some of its leaders and what have you. So, I would say this to you all. If Senator JACKSON is offended by what I said, which was a slip of the tongue, I'll be happy to apologize to him.

But, by the same token, I would wish that Senator JACKSON would be Senator enough to come and join me here at the podium and apologize to the people of South Carolina for this composite photograph which appeared in all the state's newspapers and on television. Not a real photograph, gotten up, conceived, wrong photograph. And I see Senator JACKSON is smiling when I show the photograph to you. He says he is very proud of this photograph. Here's what it said and I got this out of The State newspaper. "A composite of four images mixing the Confederate flag with the Ku Klux Klan is part of a national campaign planned by black leaders who want to force the flag from atop the S.C. State House. This composite was given to the Associated Press by Senator DARRELL JACKSON of Columbia." Now, there it is. There's that Klansman who is not


Printed Page 31 . . . . . Tuesday, January 11, 2000

standing in front of the State House. And, there are two battle flags being waved, two different flags -- they were not being waved in front of the State House. There's the State House in the background. I'm 72 years old and I have never seen a Klansman, not in my life.

And, Senator, I also read the Bible. As big a sinner as I am, you know, I really need to read it, particularly when I'm 72 years old, facing now, the Gates of Gold. I would just say to Senator JACKSON, who is, according to the Manual, he is the Minister of the Bible Way Church. Apparently, he is not too familiar with the Ninth Commandment which says, "Thou shalt not bear false witness against thy neighbor." Everybody, the three and a half million people, Senator JACKSON, in South Carolina are your neighbors. Being a part of this composite photograph, which, in my book, is odious, (If you don't know what 'odious' means, it means 'hateful.') I feel that the Senator and those of his confederates -- no pun intended, Senator -- who got this photograph together, you see, are bearing false witness against their neighbors.

Yesterday morning, I got through with the Book of Acts. Of course, as you know, Senator from Charleston, Reverend Senator from Charleston, in the last few pages of Acts, St. Paul was shipped back to Malta and then he went to Rome. And, so I was in Romans this morning and here's what I read. Romans I, v. 18: "For the wrath of God is revealed against all who suppress the truth." There's no truth in that photograph. There's nothing but meanness and hate and stirring up trouble and resentment between South Carolinians.

Senator JACKSON, what I'd like to do right now is you come on up and I'll apologize to you and you apologize to the people of South Carolina for this photograph and we'll be even.

* * *

On motion of Senator WILSON, with unanimous consent, ordered printed in the Journal.

Expression of Personal Interest

Senator JACKSON rose for an Expression of Personal Interest.

Remarks by Senator JACKSON

Ladies and gentlemen of the Senate, let me set the record straight. First of all, the photograph was not taken by Senator JACKSON. It was taken by a white female who is a professional photographer. Second, Senator from Charleston, the design was not by Senator JACKSON. It was designed by a white male graphic artist who


Printed Page 32 . . . . . Tuesday, January 11, 2000

designed it. Senator JACKSON did not put the ad together. It was given to Senator JACKSON and asked, "Would you support it?" And, I said, "Yes."

Let me tell you why. The reason why you haven't seen a Klansman is because they don't burn crosses in your yard. They don't wear white sheets in your yard. I've got a cousin who was run out of the State of South Carolina in 1954 by a Klansman who came through his mother's yard and burned crosses in their yard and shot guns through their house. They had to dress him up as a girl and put him on a train to send him to New York City when he was 14 years old. And, when he returned back to South Carolina, he was 75 years old. That's why you haven't seen a Klansman.

Let me tell you, whether you want to admit it or not, Nathan Bedford Forest was a Confederate soldier and Nathan Bedford Forest was the founder of the Ku Klux Klan. And, you know, when he did his activities, (check Britannica Encyclopedia and I will send you the information that I downloaded off the web) it will say to you that as Nathan Bedford Forest went about doing his Klansman duty, guess what uniform he had on his back? He wore his Confederate uniform. So, if you can come up here and deny that Nathan Bedford Forest was not a Confederate soldier and Nathan Bedford Forest was not a Klansman, if you can deny that and prove it beyond a reasonable doubt in my mind and any reasonable person, then I will be glad to apologize for even suggesting that Klans love the flag.

And, I've got one last thing that I want to say. I heard a gentleman this morning call the radio station. And he said, "In Europe the swastika's banned." And, you know what symbol German hate groups use now to display their venom and their hatred toward humanity? They don't use the swastika. Today, as I speak, their symbol of record is that flag that I have to say the Pledge of Allegiance to every morning as I enter this Chamber.

So, if you want to equate an article and an ad that somebody else did to the sufferings that my aunt and my grandfather and Thurgood Marshall endured -- never once in that article did I refer to the Confederates as retarded people. Never once did I insult the Confederates by calling them names.

You will never get me to love the flag. But, I can respect the fact that you love the flag. But, don't try to force me to love and appreciate something that I can never love. Now, if you love it and you appreciate it, then there's a place for it, Senator RAVENEL. It should have flown over all of your businesses. Any one of you who vote for the flag, put


Printed Page 33 . . . . . Tuesday, January 11, 2000

it in your business. Those of you who love it go back and put it in the place where you work and run it on a pole. Even Maurice Bessenger would not fly it on the top of his building.

And, so, if you don't think it is offensive, then why isn't it flying in all of those places? And, so, I hope that we don't deteriorate to the point where we trade suffering stories because the day will never come, never come, where Senator JACKSON once again says to you that I love that flag.

But, I can respect the fact that you love it. But, I will promise you this. I would never insult the people who love the flag by saying that they are retarded. It's an insult to those people who are retarded. And, to come back and apologize yesterday and say, "I apologize to retarded people for equating them with the NAACP." And, to stand here and question the moral judgment and moral fabric of the NAACP is beyond belief. As opposed to making it better, unfortunately, we've just seen it get worse.

I want to leave you with one last thing. I have a 15-year-old son who's a freshman in high school. He came home one day and he said to me, "Daddy, people who used to get along, don't get along anymore." He plays basketball. A great basketball player over 6 feet tall in ninth grade. I said, "What do you mean?" He said, "People I play basketball with, we don't play together anymore because they want the flag and some don't." And, he said, "Daddy, it's getting worse. There are some guys who live in our neighborhood that want to fight them." And, I said to him, "Antoine, don't you ever result to violence." And, I said this to Senator DRUMMOND in his office. I said, "If I ever go home and I have to go to my son's school because violence broke out in a high school over our inability to solve a problem, then the blame should be put on all of our shoulders."

Thank you.

* * *

On motion of Senator ANDERSON, with unanimous consent, ordered printed in the Journal.

MOTIONS ADOPTED
Sense of the Senate Motion Adopted

Senator McCONNELL moved that it be the Sense of the Senate that the business of filling committee vacancies and changes in members' desk assignments, as provided under the Rules of the Senate, be postponed until Tuesday, January 25th, subsequent to the January 18th special election and the seating of the new Senator from District 46.


Printed Page 34 . . . . . Tuesday, January 11, 2000

Senator McCONNELL further moved that the Senate proceed to the filling of vacancies and selection of desk assignments immediately after the completion of the morning hour on that date.

There was no objection and the motions were adopted.

Motion Adopted

Senator McCONNELL asked unanimous consent to move that the list of prefiled Bills, a copy of which has been placed on each member's desk, be entered in the Journal as having been read and referred, as noted, unless any member shall make a motion to refer a Bill to a different committee.

There was no objection and the motion was adopted.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 915 (Word version) -- Senators Ford, Washington, Reese and Glover: A BILL TO AMEND SECTION 23-6-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC STOPS BY COMMISSIONED AND UNIFORMED OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT OFFICERS FROM USING RACE AS A FACTOR IN THEIR DECISION TO STOP A VEHICLE.
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Read the first time and referred to the Committee on Judiciary.

S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. Verne Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 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.
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Read the first time and referred to the Committee on Judiciary.

S. 917 (Word version) -- Senators Cork, Washington, and Wilson: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUNDS DERIVED FROM THE TWO AND SIXTY-SIX ONE-HUNDREDTHS CENTS A GALLON GASOLINE TAX, SO AS TO REQUIRE ONE-THIRD OF THESE FUNDS BE


Printed Page 35 . . . . . Tuesday, January 11, 2000

DISTRIBUTED BASED ON THE LAND AREA OF THE STATE AS DEFINED BY THE UNITED STATES CENSUS BUREAU FOR PURPOSES OF THE LATEST DECENNIAL CENSUS AND TO PROVIDE THAT ONE-THIRD OF THESE FUNDS BE DISTRIBUTED BASED ON THE LATEST OFFICIAL DECENNIAL CENSUS UNLESS THE REVISED CENSUS POPULATION FIGURES REFLECT THE MOST CURRENT POPULATION FIGURES FOR THE STATE.
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Read the first time and referred to the Committee on Finance.

S. 918 (Word version) -- Senators Mescher, Elliott, O'Dell and Branton: A BILL TO AMEND SECTION 20-7-100 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT EACH PARENT, CUSTODIAL AND NONCUSTODIAL, HAS EQUAL INPUT INTO MAJOR FINANCIAL OR SUBSTANTIAL CHANGES OF CIRCUMSTANCES OF THE WELFARE OF THE CHILDREN UNLESS PROHIBITED BY AN ORDER OF THE FAMILY COURT.
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Read the first time and referred to the Committee on Judiciary.

S. 919 (Word version) -- Senator Grooms, Reese, Wilson, Leatherman and Branton: A BILL TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNOR TO MAINTAIN PEACE AND ORDER, SO AS TO PROVIDE THAT, IF THE GOVERNOR ORDERS A MANDATORY EVACUATION OF COASTAL COUNTIES, ALL TRAFFIC ON AFFECTED INTERSTATE SYSTEMS SHALL BE ROUTED USING ALL LANES OR SEGMENTS OF THE INTERSTATE UNTIL SUCH TIME AS THE GOVERNOR'S EMERGENCY PROCLAMATION IS TERMINATED.
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Read the first time and referred to the Committee on Judiciary.

S. 920 (Word version) -- Senators Moore, Washington, Wilson, Reese, O'Dell, Passailaigue, Setzler, Hayes, Leatherman, Branton, Courson and Glover: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED


Printed Page 36 . . . . . Tuesday, January 11, 2000

STATES TO RENEW AND INTENSIFY THEIR EFFORTS AND NEGOTIATIONS FOR A FULL ACCOUNTING AND RETURN OF ALL AMERICANS WHO ARE REPORTED AS MISSING IN ACTION OR ARE PRISONERS OF WAR IN ANY MILITARY ACTION RESULTING FROM A WORLD WAR, THE KOREAN WAR, AND ALL OTHER WARS INCLUDING THE SOUTHEAST ASIAN WAR; AND TO PROVIDE FOR THE GRANTING OF REFUGEE STATUS IN THE UNITED STATES TO THOSE SOUTHEAST ASIAN NATIONALS OF CERTAIN FOREIGN COUNTRIES IN WHICH AMERICAN VIETNAM WAR PRISONERS OF WAR OR SERVICEMEN LISTED AS MISSING IN ACTION MAY BE PRESENT, IF THOSE SOUTHEAST ASIAN NATIONALS ASSIST IN THE RETURN TO THE UNITED STATES OF THOSE PRISONERS OF WAR OR THOSE LISTED AS MISSING IN ACTION.
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The Concurrent Resolution was introduced and referred to the General Committee.

S. 921 (Word version) -- Senators Land, Washington, Passailaigue, Reese, Wilson, Branton and Rankin: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THE JURISDICTIONAL AMOUNT FROM FIVE THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS EFFECTIVE JULY 1, 2000.
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Read the first time and referred to the Committee on Judiciary.

S. 922 (Word version) -- Senators Reese, O'Dell and Grooms: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES BY ADDING SECTION 37-2-418, SO AS TO PROHIBIT THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE; AND TO AMEND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTION 37-3-418 SO AS TO


Printed Page 37 . . . . . Tuesday, January 11, 2000

PROHIBIT THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 923 (Word version) -- Senators Fair and Grooms: A BILL TO AMEND CHAPTER 75, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS INVOLVING MISCELLANEOUS ACTS OF WRONGFUL CONDUCT, BY ADDING ARTICLE 3 SO AS TO ENACT THE SOUTH CAROLINA PROTECTION OF FAMILY INTEGRITY ACT OF 2000 AND REINSTATE CIVIL ACTIONS FOR THE COMMON LAW TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; TO AMEND SECTION 15-3-530, AS AMENDED, RELATING TO THE THREE-YEAR STATUTE OF LIMITATIONS FOR CERTAIN ACTIONS, SO AS TO INCLUDE ACTIONS FOR CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS WITHIN THE THREE-YEAR LIMITATIONS PERIOD; TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO THE TWO-YEAR STATUTE OF LIMITATIONS FOR CERTAIN ACTIONS, SO AS TO DELETE ALIENATION OF AFFECTIONS FROM THE TWO-YEAR LIMITATIONS PERIOD; TO AMEND SECTION 15-37-50, AS AMENDED, RELATING TO LIMITATIONS ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO INCLUDE AN ACTION FOR CRIMINAL CONVERSATION WITHIN THE PROVISIONS OF SECTION 15-37-50; TO AMEND CHAPTER 75, TITLE 15, BY DESIGNATING SECTIONS 15-75-10 THROUGH 15-75-60, RELATING TO WRONGFUL CONDUCT, AS ARTICLE 1, CHAPTER 75, TITLE 15, ENTITLED "MISCELLANEOUS ACTS OF WRONGFUL CONDUCT"; AND TO REPEAL SECTION 15-3-150 OF THE 1976 CODE RELATING TO THE PROHIBITION OF CIVIL ACTIONS FOR CRIMINAL CONVERSATION.
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Read the first time and referred to the Committee on Judiciary.


Printed Page 38 . . . . . Tuesday, January 11, 2000

S. 924 (Word version) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Land, Alexander, Washington, Holland, Elliott, Reese, Leatherman, Passailaigue, Hayes, McConnell, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED ON EITHER SEPTEMBER 14, 15, 16, OR 17, 1999, BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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Read the first time and referred to the Committee on Education.

S. 925 (Word version) -- Senators Giese, Washington, Reese, Hayes, Wilson, Branton, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT STATE AGENCIES OR DEPARTMENTS HAVING EMPLOYEES LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT WAS CLOSED BY THE GOVERNOR ON SEPTEMBER 14, 15, OR 16, 1999, BECAUSE OF HURRICANE FLOYD MAY NOT REQUIRE THOSE EMPLOYEES TO MAKE UP TIME LOST FROM WORK, TO PROVIDE THAT EMPLOYEES OF THE STATE OF SOUTH CAROLINA LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT WAS CLOSED BY THE GOVERNOR AS A RESULT OF HURRICANE FLOYD ARE NOT REQUIRED UNDER THE HAZARDOUS WEATHER POLICY TO MAKE UP TIME LOST FROM WORK BEFORE DECEMBER 31, 1999, AND TO PROVIDE FOR COMPENSATORY TIME FOR CERTAIN EMPLOYEES.
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Read the first time and referred to the Committee on Finance.

S. 926 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION APPLAUDING "TRIVIA GUY", WILSON CASEY, OF SPARTANBURG COUNTY FOR HIS UNIQUE ACCOMPLISHMENTS AND FOR HIS RECOGNITION AS A


Printed Page 39 . . . . . Tuesday, January 11, 2000

WORLD RECORD HOLDER BY THE GUINNESS BOOK OF WORLD RECORDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 927 (Word version) -- Senators Jackson, Leventis, Patterson and Anderson: A SENATE RESOLUTION TO REQUIRE THE REMOVAL OF THE CONFEDERATE BATTLE FLAG FROM PERMANENT DISPLAY WITHIN THE SENATE CHAMBER AND TO AUTHORIZE THE DISPLAY OF THE FLAG ON CERTAIN OCCASIONS IN CONFEDERATE HISTORY.
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The Senate Resolution was introduced and referred to the Committee on Judiciary.

S. 928 (Word version) -- Senators Courson, Wilson, Elliott, Setzler, Grooms, Giese, Hayes, McConnell, Gregory, Leatherman, Reese and Rankin: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE BY ONE PERCENT A YEAR THE STATE PORTION OF SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND PREPARED FOOD AND RESTAURANT MEALS, NOT INCLUDING BEER, WINE, AND ALCOHOLIC LIQUOR SERVED WITH THESE MEALS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JULY 1, 2004, AND TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD.
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Read the first time and referred to the Committee on Finance.

S. 929 (Word version) -- Senators Courson, Wilson, Passailaigue, Setzler, Reese, Grooms, Hayes, Branton and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-675 SO AS TO PROVIDE THAT STATE AGENCIES OR DEPARTMENTS HAVING EMPLOYEES LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR BECAUSE OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS


Printed Page 40 . . . . . Tuesday, January 11, 2000

MAY NOT REQUIRE THOSE EMPLOYEES TO MAKE UP TIME LOST FROM WORK, TO PROVIDE THAT EMPLOYEES OF THE STATE OF SOUTH CAROLINA LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR AS A RESULT OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS ARE NOT REQUIRED UNDER THE HAZARDOUS WEATHER POLICY TO MAKE UP TIME LOST FROM WORK, AND TO PROVIDE FOR COMPENSATORY TIME FOR CERTAIN EMPLOYEES.
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Read the first time and referred to the Committee on Finance.

S. 930 (Word version) -- Senators McConnell, Cork, Leventis, Elliott, Wilson and Branton: A BILL TO AMEND CHAPTER 1, TITLE 25 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PREPAREDNESS DIVISION, BY ADDING SECTION 25-1-470, SO AS TO PROVIDE FOR THE PREPARATION OF AN INTERSTATE HIGHWAY LANE REVERSAL PLAN TO BE IMPLEMENTED IN THE EVENT OF EMERGENCY AND MANDATORY EVACUATIONS OF THE COASTAL AREAS OF SOUTH CAROLINA.
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Read the first time and referred to the General Committee.

S. 931 (Word version) -- Senators Passailaigue, Elliott, Reese and Leventis: A BILL TO AMEND TITLE 52 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS AND ATHLETIC CONTESTS, BY ADDING CHAPTER 23 SO AS TO ESTABLISH THE SOUTH CAROLINA SPORTS AND ENTERTAINMENT COMMISSION SO AS TO CONSOLIDATE THE STATE'S EFFORTS TO PROMOTE AND MANAGE SPORTING EVENTS AND ENTERTAINMENT; TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF A BOARD OF DIRECTORS; AND TO CREATE A SPORTS AND ENTERTAINMENT COMMISSION FUND.
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Read the first time and referred to the General Committee.

S. 932 (Word version) -- Senators Rankin, Elliott, Reese, Hayes and Branton: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE


Printed Page 41 . . . . . Tuesday, January 11, 2000

DEPARTMENT OF EDUCATION TO EXEMPT SCHOOL DAYS CANCELLED DUE TO EMERGENCY CONDITIONS RELATED TO WEATHER OR OTHER EXTREME CIRCUMSTANCES AFFECTING THE HEALTH, WELFARE, AND SAFETY OF THE STUDENTS FROM MAKE-UP REQUIREMENTS.
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Read the first time and referred to the Committee on Education.

S. 933 (Word version) -- Senators Ford and Elliott: A BILL TO AMEND SECTION 39-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAKING INTENTIONALLY UNTRUE STATEMENTS IN ADVERTISING, SO AS TO PROHIBIT ADVERTISING IN ANY FORM, INCLUDING TELEVISION, RADIO, AND INTERNET BROADCASTS, WHICH IS KNOWN OR SHOULD BE KNOWN TO BE UNTRUE OR MISLEADING.
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Read the first time and referred to the Committee on Judiciary.

S. 934 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT, IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE FOR REGISTRATION OF RURAL FIRE DEPARTMENTS UPON THE SINGLE REGISTRATION AND PAYMENT OF A SINGLE FEE


Printed Page 42 . . . . . Tuesday, January 11, 2000

BYTHE LOCAL GOVERNING BODY HAVING JURISDICTION OVER MULTIPLE RURAL FIRE DEPARTMENTS.
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Read the first time and referred to the Committee on Judiciary.

S. 936 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO ADD SUN CITY 2 AND SUN CITY 3 TO THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE NEW PRECINCTS ARE DELINEATED.
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Read the first time and referred to the Committee on Judiciary.

S. 937 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-425 SO AS TO LIMIT THE TRAVEL TIME FOR TRANSPORTING A CHILD TO OR FROM SCHOOL IN GOVERNMENT-OWNED VEHICLES TO TEN MINUTES FOR EACH MILE BETWEEN THE SCHOOL AND THE STOP AT WHICH THE CHILD IS PICKED UP OR DROPPED OFF AND TO ESTABLISH A MAXIMUM TRAVEL TIME OF ONE HOUR AND FIFTEEN MINUTES.
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Read the first time and referred to the Committee on Education.

S. 938 (Word version) -- Senators Reese, Elliott and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-220 SO AS TO REQUIRE LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST THE STATE HIGHWAY PATROL IN MONITORING AND DIRECTING TRAFFIC ON INTERSTATE HIGHWAYS THAT PASS THROUGH THEIR RESPECTIVE JURISDICTIONS WHERE A STATE OF EMERGENCY HAS BEEN DECLARED BY THE GOVERNOR.
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Read the first time and referred to the Committee on Judiciary.

S. 939 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1313 SO AS TO PROHIBIT A CANDIDATE IN A PARTISAN ELECTION FROM RECEIVING CONTRIBUTIONS AND


Printed Page 43 . . . . . Tuesday, January 11, 2000

EXPENDING FUNDS, FROM ALL SOURCES, IN AN ELECTION CYCLE MORE THAN THE OFFICE WOULD COMPENSATE THE ELECTED OFFICIAL FOR A FULL TERM, AND TO PROVIDE SPECIFIC LIMITATIONS FOR CERTAIN ELECTIVE OFFICES, INCLUDING THE GOVERNOR; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR CAMPAIGN PRACTICES INCLUDING THE DEFINITION OF "ELECTION CYCLE", SO AS TO PROVIDE IN THE DEFINITION OF "ELECTION CYCLE" THAT THE CONTRIBUTION LIMITATIONS IN SECTION 8-13-1313 ARE FOR EACH PRIMARY, RUNOFF, OR SPECIAL ELECTION IN WHICH A CANDIDATE HAS OPPOSITION AND FOR EACH GENERAL ELECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 940 (Word version) -- Senators Land and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-59-60, SO AS TO CLASSIFY INSURER'S SUBROGATION AS AN EQUITABLE RIGHT, ENFORCEABLE ONLY BY A JUDICIAL DECISION RENDERED IN LIGHT OF THE FACTS AND CIRCUMSTANCES OF EACH CASE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 941 (Word version) -- Senators Courson, Giese, Grooms and Wilson: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO COUNTY LEGISLATIVE DELEGATIONS WHICH AFFECT ONLY ONE COUNTY TO THE COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIESTHAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.
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Read the first time and referred to the Committee on Judiciary.


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S. 942 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SECTION 58-31-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF THE AUTHORITY APPOINTED FROM HORRY, BERKELEY, AND GEORGETOWN COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY.
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Read the first time and referred to the Committee on Judiciary.

S. 943 (Word version) -- Senators Mescher, Passailaigue, Grooms and Branton: A BILL TO AMEND SECTION 2 OF ACT 1093 OF 1966, AS LAST AMENDED BY ACT 603 OF 1971, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION IN BERKELEY COUNTY, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP ON THE COMMISSION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 943--Ordered to a Second and Third Reading

On motion of Senator MESCHER, S. 943 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 944 (Word version) -- Senators Elliott, Reese and Rankin: A BILL TO AMEND SECTION 34-11-60 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO CHANGE FROM TEN TO TWENTY THE NUMBER OF CALENDAR DAYS AN INDIVIDUAL MAY HOLD A CHECK PRIOR TO CASHING WITH THE DRAWER REMAINING LIABLE FOR UTTERING A FRAUDULENT CHECK IF SUFFICIENT FUNDS ARE NOT ON DEPOSIT WITH THE BANK OF THE DRAWER.
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Read the first time and referred to the Committee on Judiciary.

S. 945 (Word version) -- Senators Leventis, Waldrep, Ravenel, Washington, Ford, Elliott and Rankin: A BILL TO AMEND CHAPTER 42, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT


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ACT, SO AS TO REDEFINE EXISTING DEFINITIONS AND ADD ADDITIONAL DEFINITIONS USED IN THE ACT, ALTER AND ADD FUNCTIONS AND POWERS TO BE PERFORMED BY THE DIVISION OF REGIONAL DEVELOPMENT OF THE STATE BUDGET AND CONTROL BOARD, REQUIRE A STATE AGENCY AND PROGRAM TO CONSIDER AND DETERMINE WHETHER ITS DECISION AND ITS IMPACTS ARE CONSISTENT WITH REGIONAL AND LOCAL GOVERNMENT PLANS, TO AUTHORIZE THE DIVISION TO ADMINISTER SUCH FUNDING AS MAY BE PROVIDED FOR THE PURPOSE OF IMPLEMENTING THE INTENT OF THIS CHAPTER, REQUIRE THE DIVISION TO ADOPT STANDARDS AND PROCEDURES FOR REGULATING THIS FUNDING, AUTHORIZE THE DIVISION TO EMPLOY OR RETAIN ORGANIZATIONS, AGENCIES, COMMISSIONS, AND UNIVERSITIES TO PROVIDE CONSULTATION, TECHNICAL ASSISTANCE, AND TRAINING TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER, AND TO REQUIRE THE DIVISION TO MAKE A BIENNIAL REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ON THE
IMPLEMENTATION OF THIS CHAPTER.
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Read the first time and referred to the Committee on Finance.

S. 946 (Word version) -- Senators Holland, Elliott and Rankin: A BILL TO AMEND SECTION 7-5-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 947 (Word version) -- Senators Holland and Elliott: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN A GENERAL ELECTION, SO AS TO PROVIDE THAT THE STATEMENT OF INTENTION OF CANDIDACY


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MUST CONTAIN A STATEMENT THAT THE CANDIDATE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT A CANDIDATE MUST CERTIFY THAT HE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-13-40, RELATING TO CERTIFICATION OF NAMES OF PRIMARY CANDIDATES, SO AS TO PROVIDE THAT POLITICAL PARTIES MUST VERIFY QUALIFICATIONS OF CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE THAT EACH COUNTY ELECTION COMMISSION MUST PROVIDE A COPY OF EACH BALLOT STYLE TO BE USED FOR PRIMARY, GENERAL, AND SPECIAL ELECTIONS IN THE ABSENTEE PRECINCT TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION NOT LATER THAN SEPTEMBER FIRST IN THE CASE OF GENERAL ELECTIONS, AND NOT LATER THAN FORTY DAYS PRIOR TO THE DATE OF THE ELECTION IN THE CASE OF SPECIAL AND PRIMARY ELECTIONS; TO AMEND SECTION 7-13-330, RELATING TO THE FORM OF A GENERAL ELECTION BALLOT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 7-13-350, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT CERTIFICATION MUST BE IN WRITING AND MUST BE EFFECTED NOT LATER THAN AUGUST FIFTEENTH, RATHER THAN SEPTEMBER FIRST; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO PROVIDE THAT ANY PETITION MUST BE SUBMITTED TO THE APPROPRIATE AUTHORITY NOT LATER THAN JULY FIFTEENTH RATHER THAN AUGUST FIRST; TO FURTHER PROVIDE THAT THE BOARD OF VOTER REGISTRATION OF EACH COUNTY MUST CERTIFY THE PETITION TO THE AUTHORITY NOT LATER THAN AUGUST FIFTEENTH RATHER THAN SEPTEMBER FIRST; TO AMEND SECTION 7-13-352, RELATING TO THE DATE BY WHICH STATEMENTS OF CANDIDACY MUST BE FILED, SO AS TO CHANGE THE DATE FROM NOT LATER THAN SEPTEMBER FIRST TO NOT LATER

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THAN AUGUST FIFTEENTH; AND TO AMEND SECTION 7-13-355, RELATING TO THE TIME FOR SUBMITTING A REFERENDUM QUESTION TO THE APPROPRIATE ELECTION COMMISSION FOR SUBMISSION AS A REFERENDUM TO ELECTORS, SO AS TO CHANGE THE DATE BY WHICH THE QUESTION MUST BE SUBMITTED TO THE COMMISSION FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH.
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Read the first time and referred to the Committee on Judiciary.

S. 948 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS.
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Read the first time and referred to the Committee on Finance.

S. 949 (Word version) -- Senators Elliott, Reese and Leventis: A BILL TO AMEND SECTION 12-37-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF LICENSE PLATE AND REGISTRATION CERTIFICATE FOR A REFUND OR CREDIT, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO TRADES OR RETURNS A MOTOR VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID.
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Read the first time and referred to the Committee on Finance.

S. 950 (Word version) -- Senators Reese, Elliott, Grooms and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-75 SO AS TO PERMIT THE STATE BOARD OF EDUCATION TO GRANT A WAIVER TO PERMIT A STUDENT WHO SUFFERS FROM A MEDICAL CONDITION AND WHO WOULD BENEFIT BY ATTENDING ANOTHER SCHOOL TO ATTEND A SCHOOL OTHER THAN THE ONE HE ATTENDS OR WOULD BE ASSIGNED UNDER CERTAIN CONDITIONS, AND TO PROVIDE PROCEDURES TO IMPLEMENT THIS PROVISION INCLUDING REIMBURSEMENTS BY HIS


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RESIDENT SCHOOL DISTRICT FOR THE COST OF ATTENDANCE AT A SCHOOL IN ANOTHER SCHOOL DISTRICT.
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Read the first time and referred to the Committee on Education.

S. 951 (Word version) -- Senator Alexander: A BILL TO AMEND SECTIONS 36-9-301, 36-9-312, AND 36-9-313, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN CERTAIN TYPES OF COLLATERAL, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.
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Read the first time and referred to the Committee on Judiciary.

S. 952 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECT LICENSE RENEWAL, SO AS TO REQUIRE COMPLETION OF CONTINUING EDUCATION REQUIREMENTS AS A CONDITION OF RENEWAL.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 953 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EYE EXAMINATION REQUIRED FOR RENEWAL OF A DRIVER'S LICENSE, THE CERTIFICATION OF MINIMUM VISION STANDARDS, AND THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHEN A PERSON'S VISION IS DEFECTIVE, SO AS TO PERMIT A PERSON WHOSE DEGREE OF VISION IS LESS THAN 20/40 BUT BETTER THAN 20/200 TOOBTAIN A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Transportation.

S. 954 (Word version) -- Senator Russell: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN SPARTANBURG COUNTY SCHOOL DISTRICT 1, 2, 3, 4, 5, 6, OR 7 WHO PARTICIPATE IN


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INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
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Read the first time and referred to the Committee on Education.

S. 955 (Word version) -- Senators Wilson and Leatherman: A BILL TO AMEND SECTION 11-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHOOL DISTRICT SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE CODE ALSO APPLIES TO A SUCCESSOR-IN-INTEREST TO, OR OTHER TRANSFEREE OF,
THAT SCHOOL DISTRICT OR ANY PORTION OF ITS OPERATION.
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Read the first time and referred to the Committee on Finance.

S. 956 (Word version) -- Senators Setzler, Elliott, Wilson, Branton, Reese, Alexander and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-755 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO DEVISE AND IMPLEMENT A PLAN REVISING THE PRESCRIPTION DRUG BENEFIT FOR STATE HEALTH INSURANCE PLAN MEMBERS FROM THE REIMBURSEMENT METHOD TO A COPAYMENT METHOD, TO PROVIDE THAT THE COPAYMENT ON A GENERIC PRESCRIPTION DRUG IS FIVE DOLLARS AND ON A NONGENERIC PRESCRIPTION DRUG IS TWENTY DOLLARS, AND TO TREAT AS A GENERIC PRESCRIPTION DRUG FOR COPAYMENT PURPOSES A NONGENERIC PRESCRIPTION DRUG THAT IS NOT AVAILABLE IN GENERIC FORM OR THAT IS CERTIFIED BY


Printed Page 50 . . . . . Tuesday, January 11, 2000

THE PRESCRIBING DOCTOR TO BE MORE EFFECTIVE THAN IN THE GENERIC FORM.
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Read the first time and referred to the Committee on Finance.

S. 957 (Word version) -- Senators Wilson, Grooms and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-457 SO AS TO REQUIRE TEACHERS IN EACH PUBLIC SCHOOL IN THIS STATE TO CONDUCT, BEFORE THE OPENING OF THE FIRST PERIOD CLASS OF EACH SCHOOL DAY, AN ORAL RECITATION OF A CERTAIN EXCERPT FROM THE "DECLARATION OF INDEPENDENCE".
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Read the first time and referred to the Committee on Education.

S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION


Printed Page 51 . . . . . Tuesday, January 11, 2000

FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.
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Read the first time and referred to the Committee on Medical Affairs.

S. 959 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO INCLUDE "BUTORPHANOL" AS A SCHEDULE IV CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360 RELATING TO PRESCRIPTIONS FOR CONTROLLED SUBSTANCES, SO AS TO REVISE REFERENCES, DELETE CERTAIN PROVISIONS CONCERNING LABELING OF THESE PRESCRIPTION DRUGS, AND TO INCREASE THE MAXIMUM DOSAGE UNITS THAT MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO STATE AGENCIES HAVING CONTROL OVER METHADONE, SO AS TO REMOVE SUCH CONTROL FROM STATE AGENCIES AND PLACE THE CONTROL EXCLUSIVELY WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 44-53-720 RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM THIS SECTION TO PROVISIONS GIVING EXCLUSIVE CONTROL TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO AUTHORIZE DISPENSING METHADONE BY A RETAIL PHARMACY FOR ANALGESIA; AND TO AMEND SECTION 44-53-730 RELATING TO RESTRICTIONS ON THE SALE AND DISTRIBUTION OF METHADONE, AND SECTION 44-53-740, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND


Printed Page 52 . . . . . Tuesday, January 11, 2000

ENVIRONMENTAL CONTROL PROMULGATING REGULATIONS RELATING TO METHADONE AND OTHER CONTROLLED SUBSTANCES, BOTH SO AS TO CONFORM THESE SECTIONS TO PROVISIONS GIVING EXCLUSIVE CONTROL OF METHADONE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
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Read the first time and referred to the Committee on Medical Affairs.

S. 960 (Word version) -- Senators Hayes, Giese and Rankin: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EFFECTING AN ARREST OR SEARCH WITH OR WITHOUT A WARRANT, THE HANDLING OF A DOMESTIC OR FAMILY VIOLENCE COMPLAINT OR CRIME BY A LAW ENFORCEMENT OFFICER OR A COURT, AND A LAW ENFORCEMENT OFFICER'S LIABILITY FOR AN ACT, OMISSION, OR EXERCISE OF DISCRETION UNDER THIS SECTION, SO AS TO DELETE A PROVISION WHICH REQUIRES A LAW ENFORCEMENT OFFICER TO HAVE PROBABLE CAUSE TO EFFECT A WARRANTLESS ARREST IN A PERSON'S RESIDENCE WHEN THE LAW ENFORCEMENT OFFICER BELIEVES THE ACTION IS NECESSARY TO PREVENT PHYSICAL HARM OR DANGER TO A FAMILY OR HOUSEHOLD MEMBER, AND TO DELETE A PROVISION WHICH REQUIRES THAT ONLY EVIDENCE OF VIOLATIONS OF THE CRIMINAL DOMESTIC VIOLENCE PROVISIONS ARE ADMISSIBLE IN A COURT OF LAW.
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Read the first time and referred to the Committee on Judiciary.

S. 961 (Word version) -- Senators Wilson, Elliott, Gregory and Rankin: A BILL TO AMEND SECTIONS 12-51-40, 12-51-50, AND 12-51-90, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCED COLLECTION OF PROPERTY TAXES, TAX SALES, AND REDEMPTION OF PROPERTY SOLD AT A TAX SALE, SO AS TO REQUIRE THE TAX SALE ADVERTISEMENT TO REFER TO THE TERMS OF THE SALE AND THE APPLICABLE PENALTIES FOR A DEFAULTING BIDDER; TO AUTHORIZE PAYMENT OF DELINQUENT TAXES AT ANY TIME BEFORE BIDDING IS CLOSED ON A PARCEL


Printed Page 53 . . . . . Tuesday, January 11, 2000

AND REQUIRE THE PERSON CONDUCTING THE SALE TO GIVE NOTICE OF THIS OPPORTUNITY BEFORE THE SALE BEGINS AND REQUIRE THE SOLICITATION OF PAYMENT FROM THE DELINQUENT TAXPAYER OR HIS REPRESENTATIVE BEFORE THE SALE ENDS; AND TO PROVIDE THAT INTEREST ON THE SUCCESSFUL TAX BID ACCRUES AT THE RATE OF TWO-THIRDS OF ONE PERCENT A MONTH OR PART OF A MONTH FOR ALL PROPERTY DURING THE ONE-YEAR REDEMPTION PERIOD.
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Read the first time and referred to the Committee on Finance.

S. 962 (Word version) -- Senators Moore, J. Verne Smith and Alexander: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 963 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS, BY ADDING SECTION 38-33-330 SO AS TO PROVIDE THAT ONCE AN ENROLLEE HAS BEEN READ THE FIRST TIME AND REFERRED TO A SPECIALIST OR OTHER HEALTH CARE PROVIDER IN A HEALTH CARE PLAN BY THEIR PRIMARY CARE PROVIDER, THE HEALTH MAINTENANCE ORGANIZATION AND THE HEALTH BENEFIT PLAN MUST ALLOW THAT SPECIALIST OR OTHER HEALTH CARE PROVIDER TO MAKE ADDITIONAL REFERRALS TO OTHER SPECIALISTS AND HEALTH CARE SERVICES AS NECESSARY AND PROPER FOR THE CARE AND TREATMENT OF THE


Printed Page 54 . . . . . Tuesday, January 11, 2000

ENROLLEE WITHOUT FURTHER REQUIREMENTS, AND TO PROVIDE FOR MEMBER NOTIFICATION OF PLAN PROVISIONS RELATING TO REFERRALS AS PROVIDED BY THIS SECTION.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 964 (Word version) -- Senators Hayes, Giese, Elliott and Wilson: A BILL TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF EAVESDROPPING AND BEING A PEEPING TOM, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BE AN EAVESDROPPER OR A PEEPING TOM ON PUBLIC PROPERTY, AND TO DEVISE THE DEFINITION OF THE TERM "PEEPING TOM" TO INCLUDE PUBLIC PROPERTY.
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Read the first time and referred to the Committee on Judiciary.

S. 965 (Word version) -- Senator Washington: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEAPONS, BY ADDING CHAPTER 24, SO AS TO BAN THE MANUFACTURE, POSSESSION, AND SALE OF ASSAULT WEAPONS; TO PROVIDE FOR EXCEPTIONS; TO INSTITUTE AN ASSAULT WEAPONS REGISTRATION PROGRAM; AND TO PROVIDE APPROPRIATE DEFINITIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 966 (Word version) -- Senators Washington, Elliott and Glover: A BILL TO AMEND SECTION 5-7-12 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO DESIGNATION OF SCHOOL RESOURCE OFFICERS, SO AS TO FURTHER PROVIDE FOR TRAINING AND REGULATION OF SUCH OFFICERS.
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Read the first time and referred to the Committee on Judiciary.

S. 967 (Word version) -- Senators Martin, Elliott and Leatherman: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF


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FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 968 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 1, TITLE 10 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, SO AS TO REMOVE THE CONFEDERATE FLAG FROM ATOP THE STATE HOUSE AND TO RELOCATE THE FLAG TO A FLAGPOLE ON THE SITE OF THE CONFEDERATE RELIC ROOM AND MUSEUM.
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Read the first time and referred to the Committee on Finance.

S. 969 (Word version) -- Senators Land, Holland, Saleeby, Leatherman, Leventis, McGill, Elliott, Glover, Wilson and Rankin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 1999" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION FOR PROVIDING INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.
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Read the first time and referred to the Committee on Education.


Printed Page 56 . . . . . Tuesday, January 11, 2000

S. 970 (Word version) -- Senators Land and Elliott: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO A MINOR, SO AS TO PROVIDE THAT THE RESTRICTIONS ON THIS DRIVER'S LICENSE ALSO MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT OF PUBLIC SAFETY FOR TRAVEL BETWEEN HIS HOME AND CHURCH UNDER CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Transportation.

S. 971 (Word version) -- Senator Washington: A BILL TO AMEND CHAPTER 25, TITLE 59 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO TEACHERS, BY ADDING SECTION 59-25-540 SO AS TO ESTABLISH A DRESS CODE FOR TEACHERS, TEACHING ASSISTANTS, AND SUBSTITUTE TEACHERS IN THE STATE'S PUBLIC SCHOOL SYSTEM.
l:\s-res\mw\002dres.jh.doc

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

S. 972 (Word version) -- Senator Glover: A JOINT RESOLUTION TO CREATE THE CIRCLE OF FLAGS ON THE STATE HOUSE GROUNDS, A DISPLAY WHICH CONSISTS OF ELEVEN FLAGS OF HISTORICAL SIGNIFICANCE AND A FLAG DISPLAYING AN INSIGNIA OF SIGNIFICANCE TO THE NATIVE AMERICAN PEOPLE TO BE APPROVED BY THE NATIVE AMERICAN COUNCIL IN THE STATE OF SOUTH CAROLINA AND TO PROVIDE THAT THE CONFEDERATE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
l:\s-res\mwg\004flag.jh.doc

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

S. 973 (Word version) -- Senators Glover, Passailaigue and Wilson: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO MAKE THE FEDERAL HOLIDAY CELEBRATING THE


Printed Page 57 . . . . . Tuesday, January 11, 2000

BIRTHDAY OF DR. MARTIN LUTHER KING, JR., A REQUIRED STATE HOLIDAY.
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Read the first time and referred to the Committee on Judiciary.

S. 974 (Word version) -- Senators Glover and Elliott: A BILL TO AMEND SECTION 20-7-852 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT AWARDS, SO AS TO ADD ADDITIONAL FACTORS THAT MUST BE CONSIDERED BY THE COURT AS POSSIBLE REASONS FOR DEVIATION FROM THE CHILD SUPPORT GUIDELINES OR MAY BE USED IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED WHICH WOULD REQUIRE A MODIFICATION OF AN EXISTING ORDER, AND TO PROHIBIT THE INCARCERATION OF A NONCUSTODIAL PARENT WHO HAS MADE REASONABLE EFFORTS TO COMPLY WITH A SUPPORT ORDER.
l:\s-res\mwg\006chil.jh.doc

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

S. 975 (Word version) -- Senators Short, Hayes, O'Dell, McGill, Passailaigue, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 TOCHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.
l:\council\bills\bbm\9080htc00.doc

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

S. 976 (Word version) -- Senator Wilson: A BILL TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE THAT THE IRMO-CHAPIN RECREATION COMMISSION IS EMPOWERED TO COMMISSION AND TRAIN LAW ENFORCEMENT OFFICERS TO ENFORCE THE RULES AND REGULATIONS OF THE COMMISSION, THE LAWS OF


Printed Page 58 . . . . . Tuesday, January 11, 2000

THIS STATE, AND THE ORDINANCES OF THE COUNTY OR MUNICIPALITY WITHIN WHICH ITS FACILITIES ARE LOCATED, AND TO PROVIDE THAT ITS OFFICERS WHO HAVE BEEN COMMISSIONED, EMPLOYED, AND TRAINED, ALSO MUST RECEIVE TRAINING FROM THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY IN ORDER TO HAVE AUTHORITY TO ACT AS LAW ENFORCEMENT OFFICERS.
l:\council\bills\bbm\9071cm00.doc

Read the first time and referred to the Lexington Delegation.

S. 977 (Word version) -- Senators Wilson and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION AND REFERENDUM AND TO PROVIDE EXCEPTIONS.
l:\council\bills\skb\18062som00.doc

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

S. 978 (Word version) -- Senators Leventis, McConnell, Ravenel, Passailaigue, Grooms and Rankin: A BILL TO AMEND SECTION 48-39-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA COASTAL COUNCIL AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COASTAL COUNCIL AND TO SPECIFY THE PROCEDURES FOR APPEALING DECISIONS OF THE COASTAL COUNCIL RELATING TO SIGNIFICANT OR CONTROVERSIAL PERMIT APPLICATIONS AND CONSISTENCY CERTIFICATIONS; TO AMEND SECTIONS 48-39-150, 48-39-180, 48-39-280, AND 48-39-290, ALL AS AMENDED, AND ALL RELATING TO, AMONG OTHER THINGS, APPEALS OF PERMIT DECISIONS, SO AS TO CONFORM THESE PROVISIONS TO CHANGES MADE IN THIS ACT.
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Read the first time and referred to the Committee on Medical Affairs.


Printed Page 59 . . . . . Tuesday, January 11, 2000

S. 979 (Word version) -- Senators Fair, Hayes and Grooms: A BILL TO ENACT THE "WOMEN'S HEALTH ACT OF 2000" BY AMENDING SECTION 44-41-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF CERTAIN ABORTION FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST LICENSE ANY FACILITY
WHICH PERFORMS ABORTIONS UNDER CERTAIN CIRCUMSTANCES.
l:\council\bills\skb\18083som00.doc

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

S. 980 (Word version) -- Senators Courson, Giese, Elliott, Bryan, Hayes, Grooms, Setzler, Wilson, Gregory, Leatherman, Reese, Leventis and Alexander: A JOINT RESOLUTION TO HONOR THE 166,119 SOUTH CAROLINA VETERANS WHO SERVED IN WORLD WAR II, AND TO CONTRIBUTE TO THE CONSTRUCTION OF THE NATIONAL WORLD WAR II MEMORIAL BY DONATING ONE DOLLAR FOR EACH MAN AND WOMAN THE STATE OF SOUTH CAROLINA SENT TO SERVE IN THE ARMED FORCES DURING WORLD WAR II.
l:\s-res\jec\008worl.kad.doc

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

S. 981 (Word version) -- Senators Reese, Elliott, Grooms and Leatherman: A BILL TO AMEND SECTIONS 16-15-305, 16-15-375, 16-15-385, AND 16-15-405, ALL AS AMENDED, SECTIONS 16-15-315, 16-15-325, 16-15-335, 16-15-345, 16-15-355, 16-15-387, 16-15-395, 16-15-410, AND 16-15-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE PREPARATION, PROMOTION, PROCUREMENT, AND DISSEMINATION OF OBSCENITY AND MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT OBSCENITY AND MATERIAL HARMFUL TO MINORS INCLUDES COMPUTER GENERATED IMAGES AND THAT PREPARING, PROMOTING, PROCURING, AND DISSEMINATING INCLUDES BY THE USE OF COMPUTER OR A COMPUTER SERVICE OR COMPUTER BULLETIN BOARD.
l:\council\bills\nbd\11577ac00.doc

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


Printed Page 60 . . . . . Tuesday, January 11, 2000

S. 982 (Word version) -- Senators Reese, Elliott and Leventis: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND USE OF MOTOR VEHICLE DEALERS' LICENSE PLATES, SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM REQUIRING THE NAME OF AN INDIVIDUAL, OTHER THAN A DEALER, ON AN APPLICATION FOR A DEALER'S LICENSE PLATE; AND TO AMEND SECTION 56-15-340, AS AMENDED, RELATING TO MOTOR VEHICLE DEALER TRANSACTION AND TRANSFER RECORDS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO GIVE TEN DAYS NOTICE TO A DEALER BEFORE CONDUCTING A RECORD INSPECTION.
l:\council\bills\nbd\11578ac00.doc

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

S. 983 (Word version) -- Senators Leatherman, Giese, Elliott, Hayes, Grooms, Setzler, Wilson, Gregory, Reese, Leventis and Rankin: A JOINT RESOLUTION TO APPROPRIATE TWO HUNDRED TWO THOUSAND DOLLARS FROM THE GENERAL FUND OF THE STATE, REPRESENTING ONE DOLLAR FOR EACH SOUTH CAROLINIAN WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II AS THIS STATE'S CONTRIBUTION TOWARD THE CONSTRUCTION OF THE NATIONAL WORLD WAR II MEMORIAL ON THE MALL IN WASHINGTON, D.C.
l:\council\bills\bbm\9077htc00.doc

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

S. 984 (Word version) -- Senators Waldrep, Elliott, Hayes, Setzler, Wilson, Leatherman, Branton, Reese, Leventis and Rankin: A JOINT RESOLUTION TO APPROPRIATE TWO HUNDRED TWO THOUSAND DOLLARS FROM THE GENERAL FUND OF THE STATE, REPRESENTING ONE DOLLAR FOR EACH SOUTH CAROLINIAN WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II AS THIS STATE'S CONTRIBUTION TOWARD THE CONSTRUCTION OF THE NATIONAL WORLD WAR II MEMORIAL ON THE MALL IN WASHINGTON, D.C.
l:\council\bills\bbm\9085htc00.doc

Read the first time and referred to Committee on Finance.


Printed Page 61 . . . . . Tuesday, January 11, 2000

S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT
REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
l:\council\bills\nbd\11572ac00.doc

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

S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE


Printed Page 62 . . . . . Tuesday, January 11, 2000

PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE-WHEEL VEHICLE MOTORCYCLE.
l:\council\bills\skb\18082som00.doc

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

S. 987 (Word version) -- Senators Fair, Elliott, Grooms and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-75 SO AS TO PERMIT HOME SCHOOL STUDENTS AND CHARTER SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES UNDER CERTAIN CONDITIONS WHICH SHALL INCLUDE THE RIGHT OF A SCHOOL DISTRICT TO DENY SUCH PARTICIPATION, AND TO PROVIDE THAT, IF A SCHOOL DISTRICT DENIES PARTICIPATION FOR ANY YEAR, THE PARENTS OR LEGAL GUARDIANS OF A CHILD DENIED PARTICIPATION SHALL BE EXEMPT FROM PAYING ADVALOREM SCHOOL TAX MILLAGE ON ALL PROPERTY IN THE DISTRICT FOR THOSE YEARS WHEN PARTICIPATION IS DENIED.
l:\council\bills\ggs\22442sd00.doc

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

S. 988 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO COUNTY LEGISLATIVE DELEGATIONS WHICH AFFECT ONLY ONE COUNTY TO THE COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE


Printed Page 63 . . . . . Tuesday, January 11, 2000

REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.
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Read the first time and referred to the Committee on Judiciary.

S. 989 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT, IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.
l:\s-res\wcm\009coun.whb.doc

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

S. 990 (Word version) -- Senators Mescher and Leatherman: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-210, SO AS TO REQUIRE THAT THE VOTES CAST BY MEMBERS OF ANY COUNTY LEGISLATIVE DELEGATION WHICH RELATE ONLY TO ONE COUNTY MUST, SUBJECT TO CERTAIN EXCEPTIONS, BE MADE PURSUANT TO A FORMULA WHICH TAKES INTO ACCOUNT THE RESPECTIVE POPULATION REPRESENTED BY EACH MEMBER OF THAT DELEGATION.
l:\s-res\wcm\011dele.whb.doc

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


Printed Page 64 . . . . . Tuesday, January 11, 2000

S. 991 (Word version) -- Senators Mescher, Grooms, McConnell and Leatherman: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-210, SO AS TO REQUIRE THAT THE VOTES CAST BY MEMBERS OF ANY COUNTY LEGISLATIVE DELEGATION WHICH RELATE ONLY TO ONE COUNTY MUST BE MADE PURSUANT TO A FORMULA WHICH TAKES INTO ACCOUNT THE RESPECTIVE POPULATION REPRESENTED BY EACH MEMBER OF THAT DELEGATION WITH REGARD TO ANY MATTER.
l:\s-res\wcm\012dele.whb.doc

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

S. 992 (Word version) -- Senators McConnell and Passailaigue: A JOINT RESOLUTION TO AMEND PROVISO 50.9 OF PART IB OF ACT 100 OF 1999, THE GENERAL APPROPRIATION ACT, SO AS TO CLARIFY THE INTENT OF THE GENERAL ASSEMBLY IN DIRECTING THE COMMISSIONERS OF PILOTAGE TO USE A DESIGNATED APPROPRIATION SPECIFICALLY FOR THE SUPPORT OF A MARITIME EXCHANGE SYSTEM.
l:\s-res\gfm\002vess.fc.doc

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

S. 993 (Word version) -- Senators Land and Leventis: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE GEORGE C. JAMES, SR., OF SUMTER.
l:\council\bills\nbd\11508htc00.doc

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

S. 994 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND JIMMIE E. HARLEY, PASTOR OF THE FIRST BAPTIST CHURCH OF FLORENCE, ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM YEARS OF GOOD HEALTH AND HAPPINESS AND CONTINUED SERVICE TO THE PEOPLE OF HIS COMMUNITY AND STATE.
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The Concurrent Resolution was adopted, ordered sent to the House.


Printed Page 65 . . . . . Tuesday, January 11, 2000

S. 995 (Word version) -- Senators Wilson, Courson and Bauer: A SENATE RESOLUTION RECOGNIZING AND CONGRATULATING THE OUTDOOR ENSEMBLE OF BANDS OF IRMO OF LEXINGTON COUNTY ON THE OCCASION OF ITS SIXTH CONSECUTIVE SOUTH CAROLINA MARCHING BAND CHAMPIONSHIP AND ON ITS AWARD OF THE SUDLER FLAG OF HONOR FROM THE JOHN PHILLIP SOUSA FOUNDATION.
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The Senate Resolution was adopted.

S. 996 (Word version) -- Senator Jackson: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 17, SO AS TO ENACT THE "PREDATORY LENDING PREVENTION ACT" TO ESTABLISH PERMISSIBLE FEES WHICH MAY BE CHARGED IN CONNECTION WITH HOME LOANS SECURED BY FIRST MORTGAGE OR FIRST DEED OF TRUST, TO IMPOSE RESTRICTIONS AND LIMITATIONS ON HIGH-COST HOME LOANS, TO REVISE THE PERMISSIBLE FEES AND CHARGES ON CERTAIN LOANS, TO PROHIBIT UNFAIR OR DECEPTIVE PRACTICES BY MORTGAGE BROKERS AND LENDERS, AND TO PROVIDE FOR PUBLIC EDUCATION AND COUNSELING ON PREDATORY LENDERS.
l:\s-res\dj\015mort.kad.doc

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

S. 997 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DEFINE, AMONG OTHER TERMS, "AFTER-MARKET CRASH PART" AND "CRASH PART"; AND BY ADDING SECTIONS 38-77-246 THROUGH 38-77-256 SO AS TO PRESCRIBE THE CONDITIONS UNDER WHICH AN INSURER MAY REQUIRE THE USE OF AFTER-MARKET CRASH PARTS IN VEHICLE REPAIR, TO REQUIRE DISCLOSURE OF THE REQUIRED USE OF SUCH PARTS, AND TO PROVIDE PENALTIES.
l:\council\bills\nbd\11604ac00.doc


Printed Page 66 . . . . . Tuesday, January 11, 2000

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

S. 998 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 59-19-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OR LEASE OF SCHOOL PROPERTY BY SCHOOL TRUSTEES, SO AS TO DELETE THE REQUIREMENT THAT THE SALE OR LEASE REQUIRES THE CONSENT OF THE COUNTY BOARD OF EDUCATION OR GOVERNING BODY OF THE COUNTY IN THOSE COUNTIES WHICH DO NOT HAVE A COUNTY BOARD OF EDUCATION.
l:\council\bills\skb\18074sd00.doc

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

S. 999 (Word version) -- Senator Elliott: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON SEPTEMBER 17, 1999, BY THE STUDENTS OF HORRY COUNTY SCHOOLS FOR SCHOOL YEAR 1999-2000 WHEN SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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Read the first time and referred to the Committee on Education.

S. 1000 (Word version) -- Senator Elliott: A JOINT RESOLUTION APPROPRIATING 6,314,155 DOLLARS FROM FISCAL YEAR 1998-99 SURPLUS GENERAL FUND REVENUES TO THE SCHOOL DISTRICTS OF THE STATE TO PAY INCREASED STATE HEALTH INSURANCE PLAN PREMIUMS EFFECTIVE JANUARY 1, 2000.
l:\s-res\de\016scho.whb.doc

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

S. 1001 (Word version) -- Senator Martin: A JOINT RESOLUTION TO MAKE RETROACTIVE TO PROPERTY TAX YEAR 1997 THE PROPERTY TAX EXEMPTION PROVISIONS APPLICABLE TO THE ACQUISITION OF REAL PROPERTY BY A CHURCH AND TO EXTEND THROUGH DECEMBER 31, 2000, THE PERIOD IN WHICH A CLAIM FOR REFUND BASED ON THIS


Printed Page 67 . . . . . Tuesday, January 11, 2000

RETROACTIVE APPLICATION IS CONSIDERED TIMELY FILED.
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Read the first time and referred to the Committee on Finance.

S. 1002 (Word version) -- Senators Leatherman and Giese: A JOINT RESOLUTION TO APPROPRIATE TWO HUNDRED TWO THOUSAND DOLLARS FROM THE GENERAL FUND OF THE STATE, REPRESENTING ONE DOLLAR FOR EACH SOUTH CAROLINIAN WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II AS THIS STATE'S CONTRIBUTION TOWARD THE CONSTRUCTION OF THE NATIONAL WORLD WAR II MEMORIAL ON THE MALL IN WASHINGTON, D.C., AND TO PROVIDE FOR A DESIGNATION ON THE TAXABLE YEAR 2000 SOUTH CAROLINA INDIVIDUAL INCOME RETURN FOR CONTRIBUTIONS FOR THE MEMORIAL.
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Read the first time and referred to the Committee on Finance.

S. 1003 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS PROCEEDS OF SALES, SO AS TO PROVIDE THAT THE TERM DOES NOT APPLY TO FEES IMPOSED BY A RETAILER ON A CUSTOMER WHO MAKES A LATE PAYMENT; AND TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO WHOLESALE SALES, SO AS TO DEFINE SALES OF ELECTRICITY, MACHINERY, AND CHEMICALS TO THE STATE OR LOCAL POLITICAL SUBDIVISIONS FOR THE PRODUCTION OF DRINKING WATER AND FOR THE TREATMENT OF MUNICIPAL WASTE CONTAINING THIRTY-FIVE PERCENT OR MORE INDUSTRIAL OR MANUFACTURING WASTE AS WHOLESALE SALES.
l:\council\bills\dka\3641mm00.doc

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

S. 1004 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ALAN G. LANCE, TO ADDRESS


Printed Page 68 . . . . . Tuesday, January 11, 2000

THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 23, 2000.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 1005 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO ADD ARREST WARRANTS ISSUED FOR THE PRECEDING THREE MONTHS AS DOCUMENTS WHICH MUST BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING WHEN THE REQUESTOR APPEARS IN PERSON.
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Read the first time and referred to the Committee on Judiciary.

S. 1006 (Word version) -- Senators Ravenel and Branton: A BILL TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443, SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 1007 (Word version) -- Senators Holland and Giese: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH PENALTY, SO AS TO MAKE THE OFFENSE OF AGGRAVATED STALKING AN AGGRAVATING CIRCUMSTANCE TO BE CONSIDERED BY THE COURT OR THE JURY IN DETERMINING IF THE DEATH PENALTY SHOULD BE IMPOSED.
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Read the first time and referred to the Committee on Judiciary.


Printed Page 69 . . . . . Tuesday, January 11, 2000

S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
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Read the first time and referred to the Committee on Judiciary.

S. 1009 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-430,   CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND


Printed Page 70 . . . . . Tuesday, January 11, 2000

STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW;
AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS PROVIDED.
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Read the first time and referred to the Committee on Judiciary.

S. 1010 (Word version) -- Senator Ford: A BILL TO ENACT THE SOUTH CAROLINA HERITAGE REPRESENTATION ACT SO AS TO PROVIDE FOR CREATION OF A NATIVE AMERICAN HISTORY MONUMENT ON THE STATE HOUSE GROUNDS; TO CREATE A COMMISSION TO SELECT THE DESIGN AND LOCATION OF THE MONUMENT AND PERFORM CERTAIN OTHER FUNCTIONS; TO DEVELOP A FLAG DISPLAYING AN INSIGNIA OF SIGNIFICANCE TO THE NATIVE AMERICAN PEOPLE TO BE APPROVED BY THE NATIVE AMERICAN COUNCIL TO THE STATE OF SOUTH CAROLINA; TO PROVIDE FOR REMOVAL OF THE CONFEDERATE FLAG FROM ATOP THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES; AND TO PROVIDE FOR PLACEMENT OF THE CONFEDERATE FLAG AT THE ROBERT


Printed Page 71 . . . . . Tuesday, January 11, 2000

E. LEE MEMORIAL AND THE BLACK LIBERATION FLAG AT THE AFRICAN AMERICAN HISTORY MONUMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 1011 (Word version) -- Senator Passailaigue: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE COMPANIES, BY ADDING SECTION 58-9-60 SO AS TO LIMIT TELEPHONE SOLICITATION DIRECTED TO RESIDENTIAL SUBSCRIBERS IN SOUTH CAROLINA, TO PROVIDE FOR THE ESTABLISHMENT OF A DATABASE OF RESIDENTIAL SUBSCRIBERS WHO OBJECT TO RECEIVING TELEPHONE SOLICITATION, AND TO AUTHORIZE THE ATTORNEY GENERAL TO INITIATE PROCEEDINGS AGAINST VIOLATORS.
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Read the first time and referred to the Committee on Judiciary.

S. 1012 (Word version) -- Senators J. Verne Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 1013 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTIONS 42-15-95, AS AMENDED, 44-7-325, AND 44-115-80, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 72 . . . . . Tuesday, January 11, 2000

CAROLINA, 1976, ALL RELATING TO MEDICAL RECORDS AND CHARGES FOR COPYING MEDICAL RECORDS, SO AS TO PROVIDE THAT A SEARCHING AND HANDLING FEE ONLY MAY BE CHARGED ONCE WHEN A PATIENT IS GATHERING INFORMATION IN CONNECTION WITH A CLAIM OR LEGAL DISPUTE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1014 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 56-1-2070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH CERTAIN MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THAT CERTAIN MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER'S LICENSE.
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Read the first time and referred to the Committee on Transportation.

S. 1015 (Word version) -- Senators Land and Courson: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERM LIMITATIONS ON DEPARTMENT OF TRANSPORTATION COMMISSIONERS, SO AS TO ELIMINATE THE RESTRICTION THAT PREVENTS A COMMISSIONER FROM SERVING CONSECUTIVE TERMS.
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Read the first time and referred to the Committee on Transportation.

S. 1016 (Word version) -- Senators Holland, Saleeby, Smith, J. Verne, Land, Setzler, Leatherman, Leventis, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Elliott, Ford,


Printed Page 73 . . . . . Tuesday, January 11, 2000

Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms and Bauer: A SENATE RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE JOHN W. DRUMMOND OF NINETY-SIX TO BE PLACED IN THE SENATE CHAMBER AS A TRIBUTE TO A PATRIOT, A MILITARY HERO, A LOYAL AND COMPASSIONATE PUBLIC SERVANT, AND A DISTINGUISHED STATESMAN.
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The Senate Resolution was introduced and referred to the Senate Operations and Management Committee.

HOUSE CONCURRENCE

S. 993 (Word version) -- Senators Land and Leventis: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF THE LATE GEORGE C. JAMES, SR., OF SUMTER.

Returned from the House

Received as Information

HOUSE CONCURRENCE

S. 994 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND JIMMIE E. HARLEY, PASTOR OF THE FIRST BAPTIST CHURCH OF FLORENCE, ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM YEARS OF GOOD HEALTH AND HAPPINESS AND CONTINUED SERVICE TO THE PEOPLE OF HIS COMMUNITY AND STATE.

Returned from the House

Received as Information

COMMITTED

H. 3403 (Word version) -- 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 34-31-20, 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;


Printed Page 74 . . . . . Tuesday, January 11, 2000

AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.

On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.

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

On motion of Senator BRYAN, with unanimous consent, the Bill was committed to the Committee on Judiciary.

MOTION ADOPTED

On motion of Senators FAIR, WILSON and THOMAS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Tom Roe of Greenville, S.C.

ADJOURNMENT

At 1:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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