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


Printed Page 2848 . . . . . Tuesday, May 9, 2000

Tuesday, May 9, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, lift up your hearts and hear the New Revised Standard Version of Proverbs 11:28:

"Those who trust in their riches will wither,

But the righteous will flourish like green leaves."

Remember that the Hebrew language is a picture language!
Let us pray.

Our Father, we thank You for the lesson that has come down to us from the experience of the past that the material super-structure of society must be established upon the foundation of moral, spiritual, and ethical values.

As we seek to make our State economically stable, show us the vital principles of good stewardship.

Help us not to look upon money as "filthy lucre" unless we plan to use it for filthy purposes. Rather, let us think of money as "manna from heaven" to be used for the greatest good for the most people... remembering that the righteous will flourish like "green leaves."
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Local Appointments

Initial Appointment, Beaufort County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Andrew Scott Dudley, Jr., 12 Turtle Lane, Beaufort, S.C. 29202 VICE Joseph McDormick, Jr.


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Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Deborah A. Vrooman, Ph.D., 902 Hart St., Conway, S.C. 29526

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2521
Agency: Jobs-Economic Development Authority
SUBJECT: Loan Eligibility Requirements
Received by Lieutenant Governor May 8, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration September 5, 2000 Subject to Sine Die Revision

Doctor of the Day

Senator RAVENEL introduced Dr. Frederick Reed of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MARTIN, at 11:05 A.M., Senator O'DELL was granted a leave of absence for the balance of the week.

Leave of Absence

At 11:15 A.M., Senator RAVENEL requested a leave of absence beginning at 5:00 P.M. today and lasting until 10:00 A.M. Wednesday, May 10, 2000.

Leave of Absence

At 11:45 A.M., Senator JACKSON requested a leave of absence from 5:00 - 11:00 P.M.

RECALLED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3811 (Word version) -- Reps. Wilkins and Vaughn: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL


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ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Judiciary.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator HOLLAND asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

There was no objection.

The Bill was recalled, read the second time with notice of general amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1374 (Word version) -- Senator Moore: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1375 (Word version) -- Senators Bauer, J. Verne Smith and O'Dell: A CONCURRENT RESOLUTION HONORING DANIELLE DAVIS OF GREER, THE REIGNING "MISS SOUTH CAROLINA", AND


Printed Page 2851 . . . . . Tuesday, May 9, 2000

RECOGNIZING HER CONTRIBUTION TO THE STATE AS A GOODWILL AMBASSADOR AND ROLE MODEL AND TO REQUEST THAT TWO SIGNS BE PLACED AT THE CITY LIMITS OF GREER HONORING MISS DAVIS.
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The Concurrent Resolution was read the first time and referred to the Committee on Transportation.

S. 1376 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION RECOGNIZING THE FIFTIETH ANNIVERSARY OF LORIS COMMUNITY HOSPITAL OF HORRY COUNTY, COMMENDING THE HOSPITAL FOR ITS OUTSTANDING, DEDICATED SERVICE TO THE COMMUNITY FOR FIVE DECADES, AND RECOGNIZING AND SALUTING THE CONTRIBUTIONS OF THE SEVEN ORIGINAL PRINCIPALS RESPONSIBLE FOR THE ORIGINATION OF THE HOSPITAL.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1377 (Word version) -- Senators Alexander and Drummond: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE USE OF THE HOUSE AND SENATE CHAMBERS ON WEDNESDAY, NOVEMBER 8, 2000, AND ON THURSDAY, NOVEMBER 9, 2000, AND TO USE AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 8, 2000, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4371 (Word version) -- Reps. Barrett, Altman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE


Printed Page 2852 . . . . . Tuesday, May 9, 2000

AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

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

H. 4521 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 41-27-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNEMPLOYED" FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE REDUCTION OF UNEMPLOYMENT BENEFITS TO REFLECT PREVIOUS AND OTHER PAYMENTS ATTRIBUTABLE TO WORK, SO AS TO ELIMINATE ANY REDUCTION IN BENEFITS OF A BENEFICIARY RECEIVING SOCIAL SECURITY BENEFITS.

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

H. 4534 (Word version) -- Reps. Hawkins, Klauber and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-170 SO AS TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD, FOR THE USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE.

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

H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.

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

H. 4672 (Word version) -- Reps. Townsend, Allen, Barrett, Clyburn, Gamble, Gourdine, Hayes, Hinson, Jennings, Koon, Maddox, Martin, W. McLeod, Rice, Riser, Sandifer, Stille, Stuart, Taylor, Wilder and Wilkins: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT


Printed Page 2853 . . . . . Tuesday, May 9, 2000

INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.

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

H. 4685 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY


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OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.

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

H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4703--Recalled

Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry and place it on the Calendar without reference.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

H. 4719 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE


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MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD

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SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR

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PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.

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

H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".

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

H. 4939 (Word version) -- Reps. Cato, Tripp and Sharpe: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 16, SO AS TO ESTABLISH PROCEDURES


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FOR A COMPANY TO OFFER PREPAID LEGAL SERVICES INCLUDING REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS AND OBTAINING APPROVAL OF CONTRACTS OFFERING SUCH SERVICES, AND TO PROVIDE ADMINISTRATIVE PENALTIES; AND TO REPEAL SECTIONS 38-75-510 AND 38-75-520, RELATING TO INSURANCE CONTRACTS FOR LEGAL SERVICES.

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

H. 5026 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HURRICANE DEDUCTIBLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

REPORTS OF STANDING COMMITTEES

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 1370 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES BEING LOCATED WITHIN A SPECIFIED DISTANCE OF ANY CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO INCLUDE PUBLIC LIBRARIES WITHIN THIS PROHIBITION AND TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN


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UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4767 (Word version) -- Rep. Haskins: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 5024 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP


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DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

Ordered for consideration tomorrow.

RECOMMITTED

H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CRIMINAL DATA MADE BY LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS TO THE STATE LAW ENFORCEMENT DIVISION, SO AS TO ADD THAT THE FINGERPRINTS OF PERSONS SUBJECTED TO LAWFUL CUSTODIAL ARREST AND PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MUST BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME AND OTHER ENUMERATED CRIMES, AND TO REQUIRE THAT PERSONS CONVICTED OR ADJUDICATED DELINQUENT OF VIOLENT CRIMES AND OTHER ENUMERATED CRIMES MUST PROVIDE A DNA SAMPLE AS A CONDITION OF PROBATION OR PAROLE; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT BEING CONTINGENT ON FUNDING, SO AS TO ADD THAT SLED SHALL BEGIN COLLECTING DNA FOR THE CRIMES ENUMERATED HEREIN BY JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE; TO AMEND SECTION 17-3-310, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, TO


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HAVE SIX MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION, AND THE SOUTH CAROLINA BAR ASSOCIATION AND TO HAVE ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000; TO AMEND SECTION 20-7-8325, RELATING TO A JUVENILE'S CONDITIONAL AFTERCARE RELEASE FROM A JUVENILE CORRECTIONAL FACILITY, SO AS TO PROVIDE THAT AN AFTERCARE COUNSELOR, IF TRAINED AS A LAW ENFORCEMENT OFFICER, HAS THE POWER TO ARREST THE JUVENILE FOR VIOLATING CONDITIONS OF THE RELEASE; AND TO AMEND SECTION 20-7-8335, RELATING TO THE QUALIFICATIONS AND DUTIES OF PROBATION COUNSELORS FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A PROBATION COUNSELOR TRAINED AS A LAW ENFORCEMENT OFFICER HAS THE POWER TO ISSUE WARRANTS, TO ARREST, AND TO EXECUTE PROCESS, AND TO PROVIDE THAT IN THE PERFORMANCE OF THEIR DUTIES, PROBATION COUNSELORS ARE REGARDED AS REPRESENTATIVES OF THE COURT, DEPARTMENT OF JUVENILE JUSTICE, AND THE JUVENILE PAROLE BOARD.

The House returned the Bill with amendments.

Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

Senator BRYAN asked unanimous consent to recommit the Bill to the Committee on Judiciary.

There was no objection.

The Bill was recommitted to the Judiciary Committee.


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NONCONCURRENCE

H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Kirsh, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, McGee and Meacham-Richardson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

The House returned the Bill with amendments.

On motion of Senator MATTHEWS, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 4, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF


Printed Page 2863 . . . . . Tuesday, May 9, 2000

COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 4, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:


Printed Page 2864 . . . . . Tuesday, May 9, 2000

H. 4710 (Word version) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

COMMITTEE AMENDMENT AMENDED AND ADOPTED AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM


Printed Page 2865 . . . . . Tuesday, May 9, 2000

THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.

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

Senator HUTTO proposed the following amendment (3745R006.CBH), which was adopted:

Amend the committee report, as and if amended, by striking the report in its entirety and inserting the following:

/     Amend the bill, as and if amended, by striking the bill in its entirety, beginning with the title, and inserting the following:

/     TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT" TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS


Printed Page 2866 . . . . . Tuesday, May 9, 2000

DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.

Whereas, the General Assembly finds that the family is the fundamental building block of society; and

Whereas, the General Assembly finds that the State should promote strong families, for the family is the cradle of an ordered and vibrant republic; and

Whereas, the General Assembly finds that one way for the State to promote strong families is to publish and distribute a pamphlet which emphasizes the importance of families. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Article 7
South Carolina Family Respect Act

Section 20-1-700.   This act may be cited as the 'South Carolina Family Respect Act'.

Section 20-1-710.   The General Assembly finds that the family is the fundamental building block of society. Within healthy families children are instilled with values essential to the vitality of our State. These values include personal responsibility, honesty, duty, commitment to others, a work ethic, respect for authority, and sound educational habits. Because the family plays such a crucial role in developing these and other civic virtues essential to self-government, parents have a duty to themselves, their children, and society at large to instill these virtues in their children. Therefore, as much as it is able, the State should promote strong families, for the family is the cradle of an ordered and vibrant republic. Self-government depends upon civic virtue, and civic virtue in turn depends upon healthy families. The purpose of this act is to emphasize the importance of families to the success and well-being of our State.


Printed Page 2867 . . . . . Tuesday, May 9, 2000

Section 20-1-720.   (A)   The office of the Governor shall publish an informational pamphlet entitled 'South Carolina Family Respect' consistent with the intent and provisions of this act. The office of the Governor shall distribute the pamphlet to the agencies, offices, and entities listed in subsection (B). It is the duty of the government agencies, offices, and entities listed in subsection (B) to promote the ideals of this pamphlet and distribute it to their constituencies and clients.

(B)   The informational pamphlet must be distributed to:

(1)   all probate judges and clerks of court who issue marriage licenses who shall give it to each couple at the time they apply for the license;

(2)   all family court judges who shall give it to all couples who file a petition for divorce or a petition for approval of a separation agreement;

(3)   the Department of Social Services who shall give it to each person who applies for welfare benefits;

(4)   the Department of Health and Environmental Control to be included and mailed out with each certified birth certificate issued, as provided in Section 44-63-80;

(5)   all public school districts in the State that teach sex education programs. All public school districts must include a discussion of the pamphlet in its sex and family education curriculum;

(6)   all state and local agencies and state and local institutions that provide health services including, but not limited to, family planning services and distribution of contraceptives, to be given to all pregnant minors, persons receiving birth control, and persons receiving information on family planning or sexually transmitted diseases;

(7)   all local mental health centers to be distributed where appropriate in particular counseling situations;

(8)   all county programs for adolescent pregnancy prevention initiatives, as provided in Section 44-122-40. Each initiative must include a discussion of the pamphlet with the adolescents it counsels;

(9)   all public colleges, universities, and other institutions of higher learning to be distributed to all first year students during their orientation; and

(10)   the pamphlet must be made available for voluntary distribution to:

(i)     all clergy and counselors who provide marriage counseling;

(ii)   all private high schools;


Printed Page 2868 . . . . . Tuesday, May 9, 2000

(iii)   all private institutions of higher learning; and

(iv)   the general public."

SECTION   2.   Chapter 3, Title 53 of the 1976 Code is amended by adding:

"Section 53-3-45.     The Friday immediately preceding Mother's Day of each year is designated 'Family Respect Day'."

SECTION   3.   Section 20-1-240 of the 1976 Code is amended to read:

"Section 20-1-240.   All authorized offices, officials, or individuals empowered to issue a marriage license shall, at the time of issuance thereof application, provide to applicants for marriage licenses,:

(1)   family planning information. This information shall be supplied to the issuing officials by the Department of Health and Environmental Control; and

(2)   the 'South Carolina Family Respect' information pamphlet published and provided by the office of the Governor."

SECTION   4.   Section 44-63-80 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:

"Section 44-63-80.   Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The registrar shall include a copy of the pamphlet 'South Carolina Family Respect', as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165. The short form certificate or birth card may be furnished only to the registrant, his parent or guardian, or other legal representative by the state or county registrar.

When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing."

SECTION   5.   Section 44-122-40(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:

"(A)   A local public or private agency or organization or combination of these agencies and organizations may apply to the county


Printed Page 2869 . . . . . Tuesday, May 9, 2000

government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All initiatives funded by the county government pursuant to this chapter must distribute to and discuss the 'South Carolina Family Respect' information pamphlet, published and provided by the office of the Governor, with each adolescent involved in their project or program. All applications must meet the following minimum standards for consideration:

(1)   Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.

(2)   Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.

(3)   The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative, as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department."

SECTION   6.   The 1976 Code is amended by adding:

"Section 59-17-135.   (A) The General Assembly finds:

(1)   the schools of South Carolina must provide the safest environment possible for students to learn;

(2)   teaching positive character traits is essential to improving the learning environment, promoting student achievement, reducing disciplinary problems, and developing civic-minded students;

(3)   schools must be encouraged to instill the highest character and academic excellence in each student, in close cooperation with the student's parents; and

(4)   elected officials, community and civic leaders, business leaders, religious institutions, youth organizations, government, media, and citizens-at-large must be encouraged to become actively involved in creating an atmosphere which encourages positive character development through every sector of the community.

(B)   Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy


Printed Page 2870 . . . . . Tuesday, May 9, 2000

must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for others, honesty, self-control, cleanliness, courtesy, good manners, cooperation, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, tolerance, diligence, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community, as referenced in subsection (A)(4) in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included.

(C)   Upon request, the State Department of Education must provide to the school districts of the State information on currently available programs, curriculums, and resources. In addition, the State Department of Education must provide to the school districts of the State information on best practices and successful programs currently being implemented."

SECTION   7.   The 1976 Code is amended by adding:

"Section 59-63-75.     (A)   Beginning with the 2000-2001 school year, each school district board of trustees is encouraged to require students in the public schools under the jurisdiction of the board to exhibit appropriate conduct, as required in subsection (B) of this section.

(B)   When a public school student is speaking with a public school employee while on school property or at a school sponsored event, the student may be encouraged to address and respond to the public school employee by using respectful terms such as:

(1)   'yes, ma'am' and 'no, ma'am';

(2)   'yes, sir' and 'no, sir';

(3)   'yes, please';

(4)   'no, thank you';

(5)   'yes, Miss, Mrs., Ms., Dr., or Principal (surname)';

(6)   'no, Miss, Mrs., Ms., Dr., or Principal (surname)';

(7)   'yes, Mr., Dr., or Principal (surname)';

(8)   'no, Mr., Dr., or Principal (surname)'.

(C)   Each school district board of trustees is encouraged to provide for incorporation of the requirements of this section into any existing discipline policy or policies or any code of conduct of the school district or of each school within its jurisdiction.


Printed Page 2871 . . . . . Tuesday, May 9, 2000

(D)   No school board may provide suspension or expulsion from school as an appropriate punishment for violation of this section."   SECTION   8.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD3745.004):

Amend the bill, as and if amended, page 9, beginning on line 37, in Section 20-1-720(A), as contained in SECTION 1, by striking lines 37 through 39 in their entirety and inserting therein the following:

/   agencies, offices, and entities listed in subsection (B). It is the duty of the government agencies, offices, and entities listed in subsection (B) to promote the ideals of this pamphlet and distribute/.

Amend the bill further, as and if amended, page 10, line 16, in Section 20-1-720(B), as contained in SECTION 1, by striking line 16 in its entirety and inserting therein the following:

/   (6)   all state and local agencies and state and local institutions that provide   /.

Amend the bill further, as and if amended, page 10, beginning on line 41, in Section 53-3-45, as contained in SECTION 2, by striking Section 53-3-45 in its entirety and inserting therein the following:

/   "Section 53-3-45.     The Friday immediately preceding Mother's Day of each year is designated 'Family Respect Day'."     /

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/   SECTION   6.   The 1976 Code is amended by adding:

"Section 59-17-135.   (A) The General Assembly finds:

(1)   the schools of South Carolina must provide the safest environment possible for students to learn;

(2)   teaching positive character traits is essential to improving the learning environment, promoting student achievement, reducing disciplinary problems, and developing civic-minded students;

(3)   schools must be encouraged to instill the highest character and academic excellence in each student, in close cooperation with the student's parents; and


Printed Page 2872 . . . . . Tuesday, May 9, 2000

(4)   elected officials, community and civic leaders, business leaders, religious institutions, youth organizations, government, media, and citizens-at-large must be encouraged to become actively involved in creating an atmosphere which encourages positive character development through every sector of the community.

(B)   Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for others, honesty, self-control, cleanliness, courtesy, good manners, cooperation, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, tolerance, diligence, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community as referenced in subsection (A)(4) in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included.

(C)   Upon request, the State Department of Education must provide to the school districts of the State information on currently available programs, curriculums, and resources. In addition, the State Department of Education must provide to the school districts of the State information on best practices and successful programs currently being implemented."   /

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/   SECTION   7.   The 1976 Code is amended by adding:

"Section 59-63-75.     (A)   Beginning with the 2000-2001 school year, each school district board of trustees is encouraged to require students in the public schools under the jurisdiction of the board to exhibit appropriate conduct as required in subsection (B) of this section.

(B)   When a public school student is speaking with a public school employee while on school property or at a school sponsored event, the student may be encouraged to address and respond to the public school employee by using the respectful terms 'yes, ma'am' and 'no, ma'am' or 'yes, sir' and 'no, sir', as appropriate, or 'yes, Miss, Mrs., and Ms. (surname)' and 'no, Miss, Mrs., and Ms. (surname)' or 'yes, Mr. (surname)' and 'no, Mr. (surname)', as appropriate, each title to be followed by the appropriate surname.


Printed Page 2873 . . . . . Tuesday, May 9, 2000

(C)   Each school district board of trustees is encouraged to provide for incorporation of the requirements of this section into any existing discipline policy or policies or any code of conduct of the school district or of each school within its jurisdiction.

(D)   No school board may provide suspension or expulsion from school as an appropriate punishment for violation of this section."/

Renumber sections to conform.

Amend title to conform.

The committee amendment, as perfected by Document Number 3745R006.CBH, was adopted.

Senator HUTTO proposed the following amendment (3745.005), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/ SECTION ____. Section 20-7-7810(F) of the 1976 Code is amended to read:

"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to a secure evaluation centers center operated by the department for a determinate period not to exceed ninety days; however, a when:

(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;

(2) the child is in contempt of court for violation of a court order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy; or

(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.


Printed Page 2874 . . . . . Tuesday, May 9, 2000

Orders issued pursuant to this subsection must acknowledge:

(1) that the child has been advised of all due process rights afforded to a child offender; and

(2) that the court has received a report from the appropriate state or local agency or public entity that has reviewed the facts and circumstances causing the child to be before the court and made a recommendation as to disposition.

  A child committed under this section may not be confined with a child who has been determined by the department to be violent." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator MOORE proposed the following amendment (3745R004.TLM), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   Chapter 3, Title 53 of the 1976 Code is amended by adding:

"Section 53-3-150.   (A)   The week which includes the eleventh day of November in each year is designated as `Patriotism Week' in South Carolina. The Governor shall issue appropriate proclamations to commemorate `Patriotism Week' which must be observed throughout South Carolina with appropriate ceremonies and events to:

(1)   recognize the important contributions made by our military veterans to American society;

(2)   honor the supreme sacrifices made by our veterans in defending the freedoms and protections afforded by the United States Constitution; and

(3)   memorialize those men and women who lost their lives in military service.

(B)   The State Superintendent of Education shall encourage school districts to:

(1)   observe `Patriotism Week' by holding appropriate ceremonies, events and assemblies on school grounds; and

(2)   develop appropriate curricula that focus on the purposes of `Patriotism Week'.


Printed Page 2875 . . . . . Tuesday, May 9, 2000

(C)   Commissioners and directors of state agencies and governing bodies of political subdivisions shall encourage participation by public employees in ceremonies and events during `Patriotism Week'."/

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1276 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 22-4-545(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR THE COURT OF GENERAL SESSIONS SHALL RETAIN CERTAIN ADMINISTRATIVE SUPERVISION OVER CASES WHICH ARE TRANSFERRED TO MAGISTRATE'S COURT.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

H. 4974 (Word version) -- Reps. Keegan and Miller: A BILL TO AMEND ACT 876 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN ITS BOUNDARIES UNDER CERTAIN CIRCUMSTANCES.


Printed Page 2876 . . . . . Tuesday, May 9, 2000

H. 3300 (Word version) -- Reps. Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory, Howard and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT PUBLIC AND PRIVATE SCHOOLS MUST TRANSPORT TEN OR MORE STUDENTS IN A SCHOOL BUS OR ACTIVITY BUS, PROVIDE THAT VEHICLES PURCHASED BEFORE A CERTAIN DATE HAVE A GRACE PERIOD DURING WHICH THEY MUST COMPLY WITH THIS PROVISION, AND PROVIDE THAT DURING THE GRACE PERIOD A NON-COMPLYING VEHICLE MUST DISPLAY A DECAL THAT STATES THE VEHICLE DOES NOT MEET THE SAFETY REQUIREMENTS OF A SCHOOL BUS; BY ADDING SECTION 56-5-196 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY OWNERS OF CERTAIN VEHICLES USED TO TRANSPORT STUDENTS OF THE PROVISIONS CONTAINED IN THIS ACT; TO AMEND SECTION 56-5-190, RELATING TO SCHOOL BUSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO SCHOOL BUSES TRANSPORTING STUDENTS TO BOTH PUBLIC AND PRIVATE SCHOOLS; AND TO AMEND SECTION 59-67-30, RELATING TO PAINTING AND MARKINGS ON SCHOOL BUSES, SO AS TO PROVIDE THE MARKINGS THAT MUST APPEAR ON A SCHOOL BUS THAT DOES NOT COMPLY WITH THE STATE'S REQUIREMENTS.

CARRIED OVER

H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO


Printed Page 2877 . . . . . Tuesday, May 9, 2000

REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Kennedy and Lloyd: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS AMENDED, RELATING TO THE POWERS AND DUTIES OF A


Printed Page 2878 . . . . . Tuesday, May 9, 2000

REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.

H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

H. 4467 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND


Printed Page 2879 . . . . . Tuesday, May 9, 2000

PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.

On motion of Senator BRYAN, with unanimous consent, the Bill was carried over.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4775, THE GENERAL APPROPRIATION BILL.

Point of Quorum

At 11:32 A.M., Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McGill
Mescher                   Moore                     Passailaigue
Patterson                 Peeler                    Ravenel
Richardson                Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson

A quorum being present, the Senate resumed.

AMENDED, DEBATE INTERRUPTED

H. 4775--GENERAL APPROPRIATION BILL

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


Printed Page 2880 . . . . . Tuesday, May 9, 2000

Objection to Sense of the Senate Motion

Senator DRUMMOND moved that it be the Sense of the Senate during the consideration of H. 4775, that for an amendment to be in order when it is proposed to H. 4775, if the amendment reduces available revenue or increases an existing expenditure or authorizes a new expenditure, the substance of the amendment must provide a corresponding reduction in expenditure equal to the reduction in revenue and/or an increase in revenue and/or elimination or reduction in expenditure which equals any proposed increase or new expenditure.

Senator RYBERG objected.

Point of Order

Senator RYBERG raised a Point of Order that a Sense of the Senate motion required unanimous consent when not made during the Motion Period.

Senators FAIR and BRANTON spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator HUTTO spoke on the Bill.

Amendment No. 20

Senator LAND proposed the following Amendment No. 20 (NIC012.DOC), which was adopted (#2):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IA, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 269 & 270, by inserting after line 30

COLUMN 7   COLUMN 8

/NEW POSITIONS

Information Technology Manager II         (1)         (1)

Admin Assistant                         (1)         (1)

Information Technology Manager I         (2)         (2)

Programmer/Analyst II                   (10)         (10)

Programmer/Analyst I                   (2)         (2)

Database Administrator                   (2)         (2)

Information Resource Consultant II         (9)         (9)

Information Resource Consultant I         (7)         (7)

Training Coordinator III                   (2)         (2)/

Renumber sections to conform.

Amend sections, totals and title to conform.


Printed Page 2881 . . . . . Tuesday, May 9, 2000

Senator LAND explained the amendment.

The amendment was adopted.

Amendment No. 18

Senator LAND proposed the following Amendment No. 18 (NIC011.DOC), which was adopted (#3):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IA, Section 55, ADMINISTRATIVE LAW JUDGES, page 344, by inserting after line 9:

COLUMN 7   COLUMN 8

/NEW POSITIONS

"CLERICAL ASSISTANT"         (4.00)       (4.00)/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Amendment No. 24

Senator SETZLER proposed the following Amendment No. 24 (4775ems5.DOC), which was adopted (#4):

Amend the bill, as and if amended, by: Part IB, Section 1, Department of Education, page 447, proviso 1.80, line 14, by inserting after / loans. / the following:

/ All loan cancellation and repayment provisions of the Teacher Loan Program will apply to the loans provided under the former Governor's Teaching Scholarship Loan Program. /

Amend the bill further, as and if amended, by: Part IB, Section 1A, Department of Education, page 454, proviso 1A.34, line 11, by inserting after / loans. / the following:

/ All loan cancellation and repayment provisions of the Teacher Loan Program will apply to the loans provided under the former Governor's Teaching Scholarship Loan Program. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.


Printed Page 2882 . . . . . Tuesday, May 9, 2000

The amendment was adopted.

Amendment No. 25

Senator SETZLER proposed the following Amendment No. 25 (4775EMS1.DOC), which was adopted (#5):

Amend the bill, as and if amended, Part IB, Section 1A, Department of Education, page 450, proviso 1A.22, lines 31 and 32, by striking

/ induction, provisional, annual and second year annual contracts and the costs associated with conducting the evaluation as requested by the ADEPT program programs implemented by the school districts for their first year teachers to be presented to the /

and inserting

/ induction, provisional, annual and second year annual contracts and a review of the costs associated with conducting evaluations required by the ADEPT program programs implemented by the school districts for their first year teachers to be presented to the /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

On motion of Senator DRUMMOND, debate was interrupted by recess.

RECESS

At 12:22 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:02 P.M., and was called to order by the PRESIDENT.

Point of Quorum

At 2:02 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.


Printed Page 2883 . . . . . Tuesday, May 9, 2000

Call of the Senate

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

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Drummond
Fair                      Giese                     Glover
Grooms                    Hayes                     Hutto
Land                      Leatherman                Leventis
Martin                    Matthews                  McGill
Mescher                   Moore                     Passailaigue
Peeler                    Ravenel                   Ryberg
Setzler                   Smith, J. Verne           Thomas
Wilson

A quorum being present, the Senate resumed.

AMENDED, DEBATE INTERRUPTED

H. 4775--GENERAL APPROPRIATION BILL

The Senate resumed consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 19

Senator LAND proposed the following Amendment No. 19 (NIC010.DOC), which was adopted (#6):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 506, proviso 35.5, line 1-3, by striking:

/Counsel shall first submit vouchers for payment to the Probate Court for payment from funds appropriated for such services for the Judicial Department and once funds appropriated for those services are exhausted, then payment shall be made from funds appropriated for this purpose from the Commission on Indigent Defense./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.


Printed Page 2884 . . . . . Tuesday, May 9, 2000

Point of Quorum

At 2:09 P.M., Senator BRANTON made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     Passailaigue
Patterson                 Peeler                    Rankin
Ravenel                   Reese                     Richardson
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson

A quorum being present, the Senate resumed.

Amendment No. 68

Senator SHORT proposed the following Amendment No. 68 (4775R017.LHS), which was adopted (#7):

Amend the bill, as and if amended, Part 1B, Section 39, page 513, after line 32, by adding a new proviso to read:

/   39. .   (DJJ: Calculation of Per Diem Rate) Notwithstanding Section 20-7-6875(4), in determining the per diem rate, the Department of Juvenile Justice must calculate the per diem rate using only direct costs of operating the Detention Center and the costs directly associated with services provided to clients in the center. Indirect costs, allocated costs, or costs associated with general administrative or general support activities such as information services, human services, finance, and similar functions may not be used in calculating the per diem rate. Debt service or amortization of the cost of fences, structures, facilities or similar overhead costs may not be allocated to the providing of services for clients calculated in direct costs.   /


Printed Page 2885 . . . . . Tuesday, May 9, 2000

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator SHORT explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 53

Senator RYBERG proposed the following Amendment No. 53 (3910MM00.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, page 520, by adding after line 15 a new numbered SECTION to read:

/ SECTION 52 - X45 - INFRASTRUCTURE BANK BOARD

52.1 (SIB: Bobby Jones Expressway)   Of the funds appropriated to the State Transportation Infrastructure Bank which were initially approved for the Highway 170 Project in Beaufort County, but not used for that purpose, the Board must give highest priority to funding of the Bobby Jones Expressway Project in Aiken County, provided that an application for those funds is submitted. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator LAND spoke on the amendment.

Senator RYBERG argued in favor of the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 20; Nays 17

AYES

Anderson                  Bryan                     Drummond
Elliott                   Glover                    Gregory
Hayes                     Hutto                     Land
Leventis                  Matthews                  McGill

Printed Page 2886 . . . . . Tuesday, May 9, 2000

Patterson                 Peeler                    Rankin
Reese                     Short                     Smith, J. Verne
Thomas                    Washington

Total--20

NAYS

Alexander                 Branton                   Fair
Ford                      Giese                     Grooms
Leatherman                Martin                    Mescher
Moore                     Ravenel                   Richardson
Russell                   Ryberg                    Setzler
Waldrep                   Wilson

Total--17

The amendment was laid on the table.

Amendment No. 15

Senator DRUMMOND proposed the following Amendment No. 15 (4775R010.JWD), which was adopted (#8):

Amend the bill, as and if amended, Part 1B, Section 54, Page 525, by striking lines 1 through 4 and inserting:

/   54.16.   (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the direction and management of a council composed of the President of the Senate, Speaker of the House, Chairman of Senate Finance Committee, Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary Committee and Chairman of the House Judiciary Committee.   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Amendment No. 60

Senators RAVENEL and PATTERSON proposed the following Amendment No. 60 (JCK004.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)


Printed Page 2887 . . . . . Tuesday, May 9, 2000

Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 526, proviso 54.28, line 7, by striking /line 7 in its entirety/ and inserting /$1,500 per month. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator PATTERSON explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senators RAVENEL, FORD and ELLIOTT argued in favor of the adoption of the amendment.

Senator LAND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Expression of Personal Interest

Senator BRANTON rose for an Expression of Personal Interest.

Objection to Sense of Senate Motion

Senator BRYAN asked unanimous consent to make a motion that it be the Sense of the Senate during the consideration of H. 4775, that for an amendment to be in order when it is proposed to H. 4775, if the amendment reduces available revenue or increases an existing expenditure or authorizes a new expenditure, the substance of the amendment must provide a corresponding reduction in expenditure equal to the reduction in revenue and/or an increase in revenue and/or elimination or reduction in expenditure which equals any proposed increase or new expenditure.

Senator RYBERG objected.

Amendment No. 64

Senator DRUMMOND proposed the following Amendment No. 64 (NIC008.DOC), which was adopted (#9):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, DIVISION OF OPERATIONS, page 544, proviso 63B.12, line 6, by adding a sentence to read:

/ For purposes of generating these revenues, the Budget and Control Board is authorized to solicit and enter into contracts on behalf of the state with private sector entities to utilize current tower sites and


Printed Page 2888 . . . . . Tuesday, May 9, 2000

surrounding state owned property as well as to bind the state in licenses for these purposes at any additional state owned sites that may be identified in the future./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Amendment No. 32

Senator LAND proposed the following Amendment No. 32 (12075AC00.DOC), which was adopted (#10):

(Reference is the Senate Finance Committee Report)

Amend the bill as and if amended, Part IB, Section 64, Department of Revenue, page 554, by striking paragraph 64.14, on lines 13-20, in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Amendment No. 49

Senator J. VERNE SMITH proposed the following Amendment No. 49 (GENERAL1.DOC), which was adopted (#11):

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 577, proviso 72.72, by striking lines 33-34.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Amendment No. 57

Senator PASSAILAIGUE proposed the following amendment (SKB\ 18411STD00), which was adopted (#12):


Printed Page 2889 . . . . . Tuesday, May 9, 2000

Amend the bill, as and if amended, Part 1B, Section 72 (General and Temporary) by adding a new paragraph to be appropriately numbered which shall read:

/ 72.__ Persons who have served on active duty as commissioned officers in the United States Public Health Service may establish their period of service as creditable service in the same manner that military service is established as creditable service pursuant to Section 9-1-1140 of the 1976 Code, provided that this service credit for service in the United States Public Health Service is established and purchased before December 31, 2000. /

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 46

Senator COURSON proposed the following Amendment No. 46 (4775R011.JEC), which was tabled:

Amend the bill, as and if amended, Part 1A, Section 36, Dept. of Public Safety, page 271, after line 33, by adding:

/                           Column 7   Column 8

Joint Training Initiative/

Animal Shelter Workers           200,000   200,000     /

Amend the bill further, as and if amended, Part 1B, Section 36, by adding an appropriately numbered new proviso to read:

/   36. .   (DPS:   Joint Training Initiative/Animal Shelter Workers)   The South Carolina Criminal Justice Academy shall coordinate with USC Continuing Education to develop and implement a professional training program for animal shelter workers within South Carolina. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.


Printed Page 2890 . . . . . Tuesday, May 9, 2000

Amendment No. 76

Senator HUTTTO proposed the following Amendment No. 76 (SBD\005.DOC), which was adopted (#13A):

Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 443, proviso 1.38, line 5, by striking

/ consideration in the distribution of funds allocated to Orangeburg County. The school districts may provide this service or may contract /

and inserting

/ $2,000 of the funds allocated to Orangeburg County for adult literacy. The school districts may provide this service or may contract /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 74

Senator BAUER proposed the following Amendment No. 74 (4775R008.AB), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 1A, page 454, by adding a sentence at the end of the proviso to read:

/   Teachers teaching in a critical need area who refinance their loans from the Teacher Loan Program established in Section 59-26-20(J) shall be permitted to transfer their loans back to the Teacher Loan Program. The remaining principal and interest of the loan shall be forgiven in accordance with the provisions of the Teacher Loan Program.   /

Renumber sections to conform.

Amend title to conform.

Senator BAUER explained the amendment.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 84

Senator MOORE proposed the following Amendment No. 84 (4775M001.TLM.DOC), which was adopted (#14), but subsequently reconsidered and withdrawn:

Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 462, proviso 5A.7, line 22, by striking


Printed Page 2891 . . . . . Tuesday, May 9, 2000

/   Aiken/Edgefield   / and inserting /   Aiken/Edgefield/McCormick/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

The amendment was adopted but subsequently reconsidered and withdrawn.

Amendment No. 39

Senator J. VERNE SMITH proposed the following Amendment No. 39 (12069AC00.DOC), which was adopted (#15):

(Reference is the Senate Finance Committee Report)

Amend the bill as and if amended, Part IB, Section 8, DHHS, page 473, proviso 8.36, by deleting line 13 and inserting:

/8.36 (DHHS:   Community Long Term Care) Not less than $18,517,282 must be provided by the department for services and programs provided under community long term care./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Amendment No. 42

Senator J. VERNE SMITH proposed the following Amendment No. 42 (HHS1.DOC), which was adopted (#16):

Amend the bill, as and if amended, Part IB, Section 8, DHHS, page 473, proviso 8.39, by deleting line 17 and inserting:

/and participation of primary care providers in caring for the needs of Medicaid-eligible children. Beginning January 1, 2001, the department is directed to/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.


Printed Page 2892 . . . . . Tuesday, May 9, 2000

RECESS

At 3:35 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed twenty minutes.

At 4:10 P.M., the Senate resumed.

Amendment No. 41

Senator J. VERNE SMITH proposed the following Amendment No. 41 (HHS2.DOC), which was adopted (#17):

Amend the bill, as and if amended, Part IB, Section 8, DHHS, page 473, proviso 8.40, by striking line 20 and inserting:

/8.40. (DHHS: Pediatric Sub-Specialists) Beginning January 1, 2001, the monies appropriated for pediatric physician sub-specialists shall only be/

Renumber sections to conform.

Amend sections, totals and title to conform.

The amendment was adopted.

Amendment No. 55

Senator BRYAN proposed the following Amendment No. 55 (4775R018.JEB), which was adopted (#18):

Amend the bill, as and if amended, Part 1B, Section 10, page 485, by adding a new proviso to read:

/   10. .   (DMH: Jt. Study with Dept. of Corrections)   A joint committee shall be established by the South Carolina Department of Mental Health and the Department of Corrections to study the ongoing needs of mentally ill inmates, including sexual predators, and develop an in-depth plan to address programmatic, budgetary and capital building needs. This committee's membership will be comprised of the following individuals and groups: the Director of the Department of Mental Health or his designee, the Director of the Department of Corrections or his designee, the Chairman of the USC School of Medicine Department of Psychiatry or his designee, the Chairman of the Medical University of South Carolina Department of Psychiatry or his designee and three appointees each from the Speaker of the House and the President Pro Tempore of the Senate. House and Senate appointees must be drawn from the following constituent advocacy groups: a representative of the South Carolina Mental Health Association, a representative of Protection and Advocacy for People with Disabilities, a representative of the South Carolina Self-Help Association Regarding Emotions, a representative of the National


Printed Page 2893 . . . . . Tuesday, May 9, 2000

Alliance for the Mentally Ill of South Carolina, a representative of the South Carolina Victim Assistance Network and a representative of the South Carolina Coalition Against Domestic Violence and Sexual Assault. The committee will be co-chaired by the Directors of Mental Health and Corrections, or their designees. The committee will provide their report to the House Ways and Means and Senate Finance Committees by October 15, 2000.     /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

Amendment No. 43

Senator J. VERNE SMITH proposed the following Amendment No. 43 (BEH0001.DOC), which was adopted (#19):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 13, DSS, page 489, proviso 13.23, lines 25-28, by striking: the proviso in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Amendment No. 93

Senator RYBERG proposed the following Amendment No. 93 (3912MM00.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill as and if amended, Part IB, Section 18, ARTS COMMISSION, page 491, proviso 18.5, line 35, by striking paragraph 18.5 and inserting:

/ 18.5. (ARTS: Grants Program)   Of the fund appropriated for Grantmaking, $100,000 shall be allocated to the Newberry Opera Company, and $100,000 must be allocated to the Aiken Arts Center. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.


Printed Page 2894 . . . . . Tuesday, May 9, 2000

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 22; Nays 21

AYES

Anderson                  Bauer                     Bryan
Drummond                  Elliott                   Ford
Glover                    Hutto                     Jackson
Land                      Leventis                  Matthews
McGill                    Moore                     Passailaigue
Patterson                 Rankin                    Saleeby
Setzler                   Short                     Smith, J. Verne
Washington

Total--22

NAYS

Alexander                 Branton                   Courson
Fair                      Giese                     Gregory
Grooms                    Hayes                     Leatherman
Martin                    McConnell                 Mescher
Peeler                    Ravenel                   Reese
Richardson                Russell                   Ryberg
Thomas                    Waldrep                   Wilson

Total--21

Objection

Senator BAUER asked unanimous consent to make a motion to be granted leave to change his vote from "aye" to "nay".

Senator BRYAN objected.

The amendment was laid on the table.

Having voted on the prevailing side, Senator BAUER moved to reconsider the vote whereby the amendment was laid on the table.


Printed Page 2895 . . . . . Tuesday, May 9, 2000

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 20; Nays 22

AYES

Alexander                 Bauer                     Branton
Courson                   Fair                      Giese
Gregory                   Grooms                    Hayes
Leatherman                Martin                    Mescher
Peeler                    Ravenel                   Richardson
Russell                   Ryberg                    Thomas
Waldrep                   Wilson

Total--20

NAYS

Anderson                  Bryan                     Drummond
Elliott                   Ford                      Glover
Hutto                     Jackson                   Land
Leventis                  Matthews                  McGill
Moore                     Passailaigue              Patterson
Rankin                    Reese                     Saleeby
Setzler                   Short                     Smith, J. Verne
Washington

Total--22

The Senate refused to reconsider the vote whereby Amendment No. 93 was laid on the table.

The amendment was laid on the table.

Amendment No. 99

Senator RICHARDSON proposed the following Amendment No. 99 (4775R025.SHR), which was tabled:

Amend the bill, as and if amended, Part 1B, page 491, SECTION 18.5, by striking lines 35 and 36:

/   18.5.   (ARTS: Grants Program) Of the funds appropriated for Grantmaking, $100,000 shall be allocated to the Newberry Opera Company.       /

Renumber sections to conform.


Printed Page 2896 . . . . . Tuesday, May 9, 2000

Amend sections, totals and title to conform.

Senator RICHARDSON explained the amendment.

Senator BAUER argued contra to the adoption of the amendment.

Senator BAUER moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 119

Senator REESE proposed the following Amendment No. 119 (BFD015.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 50, Department of Labor Licensing and Regulation, page 519, line 24, by adding an appropriately numbered paragraph to read:

/ ( ) (LLR: Emergency Services) The Department must distribute $100,000 to Chesnee Fire and Rescue from subfund 135 POLA Revenue. This disbursement is applicable for FY 2000-01 only. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 130

Senator ALEXANDER proposed the following Amendment No. 130 (NIC0017.DOC), which was adopted (#20):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 579, by striking LINE 19 and inserting

/72.85 (GP: Menu Option Telephone Answering Devices) From the funds appropriated to state agencies, state agencies and their departments shall not expend funds for any type of menu option telephone answering device, unless the menu option system provides the caller with access to a non-electronic attendant or automatically transfers the caller to a non-electronic attendant. This requirement applies during the hours of 8:30 AM until 5:00 PM, Monday through Friday, excluding holidays. This requirement does not apply to


Printed Page 2897 . . . . . Tuesday, May 9, 2000

integrated voice response systems that are specifically designed to exclude human interaction. No additional personnel may be hired to implement the requirements of this provision./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Amendment No. 29

Senators GROOMS and THOMAS proposed the following Amendment No. 29 (12071AC00.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill as and if amended, Part IB, Section 72, General and Temporary, page 580, by adding an appropriately numbered paragraph to read:

/72.___(GP: Abortion Funding Prohibited) No state funds may be appropriated or disbursed, directly or indirectly, to an agency, organization, or entity which performs abortions unless any abortion performed is only performed to save the life of the mother. However, if this prohibition would result in the loss of federal funds, this paragraph is no longer effective./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GROOMS explained the amendment.

Senator SHORT argued contra to the adoption of the amendment.

Senator FAIR argued in favor of the adoption of the amendment.

Senator SHORT moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 108

Senator THOMAS proposed the following Amendment No. 108 (NIC007.DOC), which was adopted (#21):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 580, by adding an appropriately numbered paragraph to read:


Printed Page 2898 . . . . . Tuesday, May 9, 2000

/ 72.____   (GP: Court Revenue Study) The Senate Finance Committee and the House Ways and Means Committee are directed to coordinate a panel to study statutory provisions for the distribution of revenue generated by the State's various courts. The purpose of the panel is to assess the effectiveness of existing processes and consider alternative methods of accounting for and distributing court fines and fees. In conducting this study, the panel may determine the amounts of court revenues distributed to various entities, however it is not the purpose of the panel to recommend changes to the existing distribution shares. The panel shall consist of the following members: one from the Senate Finance Committee, one from the House Ways and Means Committee, one Governor's appointee, one from the State Treasurer's Office, one from the Division of Court Administration, one from the State Auditor's Office, one from the Association of Counties, and one from the Municipal Association. Staff support shall be provided by the Senate Finance Committee, the House Ways and Means Committee, and the Division of Court Administration. The panel shall submit a report to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator LAND spoke on the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 127

Senator McCONNELL proposed the following Amendment No. 127 (BEH0003.DOC), which was adopted (#22):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IA, Section 8, DHHS, page 0132, line 09, by:

COLUMN 7   COLUMN 8

/   STRIKING:                     1,800,000

and

INSERTING:                       1,675,000/

Amend the bill further, as and if amended, Section 8, DHHS, page 0132, line 17, by:


Printed Page 2899 . . . . . Tuesday, May 9, 2000

COLUMN 7   COLUMN 8

/   STRIKING:                     125,000

and

INSERTING:                       250,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 137

Senator SETZLER proposed the following Amendment No. 137 (4775EMS12.DOC), which was adopted (#23):

Amend the bill, as and if amended, Part IB, Section 1A, Department of Education, page 455, proviso 1A.41, line 4, by striking line 4 in its entirety and inserting:

/ Carolina the following school year, are eligible to receive the one time bonus. Public school teachers and those teachers serving as teacher educators who are certified by the State Board of Education and /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Adoption of Amendment No. 84 Reconsidered

Amendment No. 84 Withdrawn

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 84 was adopted.

There was no objection.


Printed Page 2900 . . . . . Tuesday, May 9, 2000

On motion of Senator MOORE, with unanimous consent, Amendment No. 84 was withdrawn.

Amendment No. 139

Senator MOORE proposed the following Amendment No. 139 (4775M004.TLM.DOC), which was adopted (#24):

Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 462, proviso 5A.7, line 22, by striking

/ the Aiken/Edgefield County Area of the State of South Carolina /
and inserting in lieu thereof the following:

/   the:   (1) Aiken/Edgefield/McCormick County Area of the State of South Carolina; or (2) if the Georgia Board of Regents does not extend its Georgia Tuition Program to include McCormick County residents, then students residing in the Aiken/Edgefield County Area of the State of South Carolina     /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

ACTING PRESIDENT PRESIDES

At 6:16 P.M., Senator BRYAN assumed the Chair.

Amendment No. 141

Senator LEATHERMAN proposed the following Amendment No. 141 (BEH0005.DOC), which was adopted (#25):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 8, DHHS, page 473, proviso 8.41, line 30-33, by striking the proviso in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 142

Senator LEATHERMAN proposed the following Amendment No. 142 (BEH0006.DOC), which was adopted (#26):


Printed Page 2901 . . . . . Tuesday, May 9, 2000

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 8, DHHS, page 473 lines 34-36 and page 474 lines 1-2, proviso 8.42, by striking the proviso in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 136

Senator LEATHERMAN proposed the following Amendment No. 136 (BEH0002.DOC), which was adopted (#27):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, Section 8, DHHS, page 474, proviso 8.__, line 7, by adding an appropriately numbered paragraph to read:

/Notwithstanding any other provision of law and except as provided below, any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient, after the enactment of this section, in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall for Medicaid eligibility purposes be deemed to be fully negotiable under the laws of the State of South Carolina; regardless of provisions in the note purporting to limit or restrict the instrument's negotiability. The foregoing shall not apply if the Note in question comports with the following terms:

1.   The Note imposes a reasonable rate of interest;

2.   The Note requires all accrued interest to be paid on a monthly basis; and

3.   The monthly income generated by the Note, when added to the monthly income of the holder of the note, determined on the date of the Note, does not exceed the Statewide Average Nursing Home Private Pay Rate as used by the South Carolina Medicaid program in applying the provisions of 42 USC 1396p(c).

For the purposes of this provision, the instrument shall be deemed to impose a reasonable rate of interest, if the interest rate is greater than or equal to the Applicable Federal Rate as defined under Section 7520 of the


Printed Page 2902 . . . . . Tuesday, May 9, 2000

Internal Revenue Code of any successor provision thereto and the regulations thereunder for the month the note is created./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

ACTING PRESIDENT PRESIDES

At 6:18 P.M., Senator MOORE assumed the Chair.

Amendment No. 140

Senators GIESE and BRYAN proposed the following Amendment No. 140 (4775R100.WKG), which was adopted (#28):

Amend the bill, as and if amended, Part 1B, Section 10, Department of Mental Health, page 484, by striking Proviso 10.6 and inserting:

/   10.6.   (DMH: Sale of Property Revenue) After receiving approval from the Budget and Control Board for the sale of property, the Department may retain revenues associated with the sale of property titled to or utilized by the Department and may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board. Property titled to the Department or to the Board of Regents in the Central Columbia Campus may not be transferred to another entity without the approval of the Commission on Mental Health.   /

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

RECESS

At 6:21 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.

At 6:35 P.M., the Senate resumed.

PRESIDENT PRESIDES

At 6:35 P.M., the PRESIDENT assumed the Chair.


Printed Page 2903 . . . . . Tuesday, May 9, 2000

Amendment No. 138

Senator GROOMS proposed the following Amendment No. 138 (3932MM00.DOC), which was adopted (#29):

(Reference is the Senate Finance Committee Report)

Amend the bill, as and if amended, Part IB, SECTION 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 483, after line 26, by adding an appropriately numbered paragraph to read:

/ 9.__.   (DHEC: Food Service Signs) Every establishment requiring a food service permit must display a sign citing the penalties for littering. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 144

Senator GIESE proposed the following Amendment No. 144 (3919MM00.DOC), which was adopted (#30):

(Reference is the Senate Finance Committee Report)

Amend the bill as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 483, after line 26, by adding an appropriately numbered paragraph to read:

/ 9. __   (DHEC: School Health Study) The Department is directed to review the current staffing of health personnel and health services offered and provided in the state's public schools. After a thorough study of the existing programs, the Department shall report on the outcome of the study to the Governor and Chairmen of the Senate Finance and House Ways and Means Committees no later than July 1, 2001. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GIESE explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.


Printed Page 2904 . . . . . Tuesday, May 9, 2000

Amendment No. 131

Senator GROOMS proposed the following Amendment No. 131 (3927MM00.DOC), which was tabled:

(Reference is the Senate Finance Committee Report)

Amend the bill as and if amended, Section 18, ARTS COMMISSION, page 491, proviso 18.5, line 35, by striking paragraph 18.5 and inserting:

/ 18.5. (ARTS: Grants Program)   Of the funds appropriated for Grantmaking, $100,000 shall be allocated to the Newberry Opera Company, and $80,000 must be allocated to the South Carolina Artisans'/ Center. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GROOMS explained the amendment.

Senator SETZLER spoke on the amendment.

Senator RICHARDSON spoke on the amendment.

Senator GROOMS spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 22; Nays 17

AYES

Anderson                  Bryan                     Drummond
Ford                      Glover                    Hutto
Jackson                   Land                      Leventis
Matthews                  McConnell                 McGill
Moore                     Passailaigue              Patterson
Rankin                    Reese                     Saleeby
Setzler                   Short                     Thomas
Washington

Total--22

NAYS

Alexander                 Bauer                     Branton
Courson                   Giese                     Gregory
Grooms                    Hayes                     Martin

Printed Page 2905 . . . . . Tuesday, May 9, 2000

Mescher                   Peeler                    Ravenel *
Richardson                Russell                   Ryberg
Waldrep                   Wilson

Total--17

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Beaufort County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Beaufort County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Andrew Scott Dudley, Jr., 12 Turtle Lane, Beaufort, S.C. 29202 VICE Joseph McDormick, Jr.

Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Deborah A. Vrooman, Ph.D., 902 Hart St., Conway, S.C. 29526

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Billy Holley of Bath, S.C.


Printed Page 2906 . . . . . Tuesday, May 9, 2000

ADJOURNMENT

At 6:58 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *

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