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


Printed Page 525 . . . . . Wednesday, January 26, 2000

Wednesday, January 26, 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, hear more from the Book of Judges, Chapter 17, to paraphrase, "The Living Bible."

"In the Hill country of Ephraim lived a man named Micah.

One day he said to his mother, 'That thousand dollars you thought

was stolen from you, and you were cursing about... well, I stole

it!'

'God bless you for confessing it,' his mother replied..."
(For in those days Israel had no king, so everyone did whatever he wanted -- whatever seemed right in his own eyes.)
Let us pray.

Our Father, we like to talk to You before we talk to each other about our problems and decisions.

Give to each of us the blessed gifts of Your Holy Spirit.

Enlighten and quicken our consciences and enable our wills to vote according to our spirit-guided consciences... even though it may not be the popular thing to do.

Somehow, we feel we sleep better that way.
Amen.

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


Printed Page 526 . . . . . Wednesday, January 26, 2000

COMMUNICATION RECEIVED
State of South Carolina
Office of the Secretary of State
1205 Pendleton Street, Suite 525
Columbia, SC 29201
January 26, 2000

Mr. Frank Caggiano
Clerk of the Senate
P. O. Box 142
Columbia, SC 29201

Dear Mr. Caggiano:

The State Election Commission has certified to this office that the Honorable Scott Richardson received the greatest number of votes cast for the Senate in a special election held in Beaufort County on January 18, 2000.

Honorable Scott Richardson is hereby certified as the duly and properly elected member of the Senate for Senate District #46.

Sincerely,
/s/ Jim Miles
Secretary of State

MOTION ADOPTED

In the absence of the PRESIDENT Pro Tempore, on motion of Senator J. VERNE SMITH, with unanimous consent, the Senate agreed that the business of filling committee vacancies and changes in members' desk assignments, as provided under the Rules of the Senate, be postponed until Wednesday, February 2, 2000.

SEATING SELECTION

On motion of Senator J. VERNE SMITH, with unanimous consent, Senator RICHARDSON was seated in vacant Seat #38.

Remarks by Senator RICHARDSON

On motion of Senator HOLLAND, with unanimous consent, Senator RICHARDSON was recognized to address brief remarks to the Senate.


Printed Page 527 . . . . . Wednesday, January 26, 2000

MESSAGE FROM THE GOVERNOR

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

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 1996, and to expire June 30, 2000:

4th Congressional District:

Gale Batson Crawford, Crawford Properties, 3304 White Horse Rd., Greenville, S.C. 29611 VICE Levis L. Gilstrap

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2000, and to expire June 30, 2004:

4th Congressional District:

Gale Batson Crawford, Crawford Properties, 3304 White Horse Road, Greenville, S.C. 29611

Referred to the Committee on Labor, Commerce and Industry.

Leave of Absence

On motion of Senator J. VERNE SMITH, at 11:10 A.M., Senator DRUMMOND was granted a leave of absence for today.

Leave of Absence

On motion of Senator HUTTO, at 11:10 A.M., Senator GREGORY was granted a leave of absence for today.

HOUSE BILL RETURNED AND COMMITTED

S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD


Printed Page 528 . . . . . Wednesday, January 26, 2000

DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.

The House returned the Bill with amendments.

Senator J. VERNE SMITH 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 J. VERNE SMITH asked unanimous consent to commit the Bill to the Committee on Labor, Commerce and Industry.

There was no objection.


Printed Page 529 . . . . . Wednesday, January 26, 2000

The Bill was ordered committed to the Committee on Labor, Commerce and Industry.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1075 (Word version) -- Senators Setzler, Bryan, Leventis, Thomas, J. Verne Smith, Waldrep, Courtney, Giese, Moore, Elliott, Martin, Saleeby, Courson, Wilson, Grooms, Ravenel, Anderson, Hutto, McGill, Peeler, Hayes, Matthews, Ryberg, Rankin, Short and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-65 SO AS TO PROVIDE THAT ALL CERTIFIED TEACHERS WHO ARE EMPLOYED BY A SCHOOL DISTRICT TO TEACH IN THE CLASSROOM SHALL RECEIVE ONE HUNDRED DOLLARS EACH SCHOOL YEAR TO OFFSET EXPENSES INCURRED BY THEM FOR TEACHING SUPPLIES AND MATERIALS DIRECTLY RELATED TO THE EDUCATION OF THE STUDENTS.
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Senator SETZLER spoke on the Bill.

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

S. 1076 (Word version) -- Senators Fair, Thomas and J. Verne Smith: A BILL TO AMEND SECTION 16-15-385, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSEMINATING HARMFUL MATERIAL TO MINORS, SO AS TO DELETE PUBLIC LIBRARY FROM THE LIST OF GOVERNMENT AGENCIES CARRYING OUT THEIR LEGITIMATE FUNCTIONS WHO ARE GRANTED AN AFFIRMATIVE DEFENSE FROM PROSECUTION UNDER THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 1077 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, APRIL 5, 2000, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF


Printed Page 530 . . . . . Wednesday, January 26, 2000

REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, APRIL 5, 2000, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
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The Concurrent Resolution was adopted, ordered sent to the House.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3994 (Word version) -- Reps. Barfield, Edge, Keegan, Kelley and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE HORRY COUNTY BOARD OF REGISTRATION AND ELECTIONS WITH THE APPROVAL OF A MAJORITY OF THE HORRY COUNTY LEGISLATIVE DELEGATION.

THIRD READING BILL

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

S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.


Printed Page 531 . . . . . Wednesday, January 26, 2000

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:

S. 437 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003, OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.


Printed Page 532 . . . . . Wednesday, January 26, 2000

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

Senator McCONNELL explained the Bill.

S. 1026 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES


Printed Page 533 . . . . . Wednesday, January 26, 2000

PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.

Senator McCONNELL explained the Bill.

S. 1027 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.

Senator McCONNELL explained the Bill.

S. 1040 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: 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


Printed Page 534 . . . . . Wednesday, January 26, 2000

EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.

Senator McCONNELL explained the Bill.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 776 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CREPE MYRTLE" AS THE OFFICIAL STATE SHRUB.

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

The Committee on Judiciary proposed the following amendment (JUD0776.001), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/ A BILL   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CRAPE MYRTLE" AS THE OFFICIAL STATE SHRUB.

Whereas, the Crape Myrtle belongs to the family Lythraceae and is classified as Lagerstroemia indica; and

Whereas, the Crape Myrtle is an ornamental shrub that is cultivated and found throughout South Carolina for its clusters of white to red or lavender flowers. Now, therefore,

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

SECTION   1.   The 1976 Code is amended by adding:

"Section 1-1-701.   The Crape Myrtle, Lagerstroemia indica, is designated as the official state shrub."


Printed Page 535 . . . . . Wednesday, January 26, 2000

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the committee amendment.

The committee amendment was adopted.

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

CARRIED OVER

S. 771 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION.

Senator MARTIN explained the Bill.

On motion of Senator SETZLER, the Bill was carried over.

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

Senator McCONNELL explained the Bill.

On motion of Senator THOMAS, the Bill was carried over.


Printed Page 536 . . . . . Wednesday, January 26, 2000

ADOPTED

S. 1004 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ALAN G. LANCE, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 23, 2000.

Senator COURSON spoke on the Concurrent Resolution.

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

RECESS

At 11:20 A.M., on motion of Senator HOLLAND, the Senate receded until 11:55 A.M.

At 11:55 A.M., the Senate resumed.

RECESS

At 11:56 A.M., on motion of Senator HOLLAND, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Elections

At Twelve O'clock Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 900 (Word version) -- Senator COURTNEY: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 26, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 2000.

Election to the Employment Security Commission
(3 seats)

The PRESIDENT announced that nominations were in order to elect successors to three positions on the Employment Security Commission.

Senator COURTNEY, member of the Joint Legislative Screening Committee to Review S.C. Employment Security Commission Candidates, indicated that Mr. Stephen P. Lanford of Roebuck, Mr.


Printed Page 537 . . . . . Wednesday, January 26, 2000

J. William McLeod of Columbia, the Hon. John L. Scott, Jr. of Columbia, the Hon. McKinley Washington, Jr. of Ravenel, and the Hon. Carole C. Wells of Woodruff had been screened and found qualified to serve.

Motion Adopted

On motion of Representative Vaughn, with unanimous consent, no nominating speeches would be made.

Senator COURTNEY placed the names of Mr. Stephen P. Lanford, Mr. J. William McLeod, the Hon. John L. Scott, Jr., the Hon. McKinley Washington, Jr., and the Hon. Carole C. Wells in nomination.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Lanford:

Bauer                  Elliott                Grooms
Leventis               Reese                  Smith, J. Verne
Waldrep                Wilson

Total--8

The following named Senators voted for Mr. McLeod:

Alexander              Bauer                  Branton
Bryan                  Courtney               Elliott
Fair                   Ford                   Giese
Glover                 Grooms                 Hayes
Holland                Hutto                  Jackson
Land                   Leatherman             Leventis
Martin                 Matthews               McConnell
McGill                 Moore                  O'Dell
Passailaigue           Patterson              Peeler
Rankin                 Ravenel                Richardson
Ryberg                 Saleeby                Setzler
Short                  Thomas                 Waldrep
Wilson

Total--37


Printed Page 538 . . . . . Wednesday, January 26, 2000

The following named Senators voted for Mr. Scott, Jr.:

Anderson               Courson                Ford
Giese                  Glover                 Hutto
Jackson                Land                   Matthews
McConnell              McGill                 Mescher
Moore                  Passailaigue           Patterson
Saleeby

Total--16

The following named Senators voted for Mr. Washington, Jr.:

Alexander              Anderson               Branton
Bryan                  Courson                Courtney
Elliott                Fair                   Ford
Glover                 Grooms                 Hayes
Holland                Hutto                  Jackson
Land                   Leatherman             Leventis
Martin                 Matthews               McConnell
McGill                 Mescher                Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Ravenel
Reese                  Richardson             Ryberg
Saleeby                Setzler                Short
Smith, J. Verne        Thomas                 Waldrep

Total--39

ABSTAIN

Washington

Total--1

The following named Senators voted for Mrs. Wells:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Courtney               Fair                   Giese
Hayes                  Holland                Leatherman
Martin                 Mescher                O'Dell
Peeler                 Rankin                 Ravenel
Reese                  Richardson             Ryberg

Printed Page 539 . . . . . Wednesday, January 26, 2000

Setzler                Short                  Smith, J. Verne
Thomas                 Wilson

Total--26

On motion of Rep. Vaughn, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Lanford:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Beck                   Bowers                 Brown, G.
Brown, H.              Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Davenport              Easterday
Edge                   Fleming                Frye
Gamble                 Gilham                 Hamilton
Harrell                Harrison               Hawkins
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McMahand
Meacham-Richardson     Miller                 Neilson
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, F.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--80

The following named Representatives voted for Mr. McLeod:

Allen                  Allison                Altman

Printed Page 540 . . . . . Wednesday, January 26, 2000

Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Beck                   Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Emory                  Frye                   Gamble
Gourdine               Govan                  Hamilton
Harrison               Harvin                 Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Howard                 Huggins
Inabinett              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             Meacham-Richardson     Miller
Neal, J.M.             Neilson                Ott
Perry                  Quinn                  Rhoad
Rice                   Riser                  Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Taylor                 Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--88

The following named Representatives voted for Mr. Scott, Jr.:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, J.
Clyburn                Cobb-Hunter            Davenport
Emory                  Fleming                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Huggins                Jennings
Knotts                 Lee                    Lloyd

Printed Page 541 . . . . . Wednesday, January 26, 2000

Lourie                 Lucas                  Maddox
McCraw                 McGee                  McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Perry
Pinckney               Robinson               Rutherford
Smith, F.              Smith, J.              Stuart
Townsend               Tripp                  Wilkes

Total--48

The following named Representatives voted for Mr. Washington, Jr.:

Allen                  Askins                 Bailey
Bowers                 Breeland               Brown, G.
Brown, J.              Canty                  Carnell
Chellis                Clyburn                Cobb-Hunter
Dantzler               Davenport              Delleney
Emory                  Gilham                 Gourdine
Govan                  Harrell                Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Kirsh
Lee                    Limehouse              Lloyd
Lourie                 Maddox                 McLeod, M.
McLeod, W.             McMahand               Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Phillips               Pinckney
Rhoad                  Rodgers                Rutherford
Seithel                Sheheen                Smith, F.
Smith, J.              Stille                 Whatley
Wilkes

Total--55

The following named Representatives voted for Ms. Wells:

Allison                Altman                 Bailey
Barfield               Barrett                Beck
Brown, H.              Cato                   Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham

Printed Page 542 . . . . . Wednesday, January 26, 2000

Hamilton               Harrell                Harrison
Hawkins                Hinson                 Inabinett
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 McKay
Meacham-Richardson     Moody-Lawrence         Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--68

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   114
Grand Total   156
Necessary to a choice   79
Of which Mr. Lanford received   88
Of which Mr. McLeod received   125
Of which Mr. Scott received   64
Of which Mr. Washington received   94
Of which Ms. Wells received   94

Whereupon, the PRESIDENT announced that the Honorable J. William McLeod, the Honorable McKinley Washington, Jr., and the Honorable Carole C. Wells were elected to positions on the Employment Security Commission for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.


Printed Page 543 . . . . . Wednesday, January 26, 2000

ADJOURNMENT

At 12:32 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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