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


Printed Page 1072 . . . . . Wednesday, March 24, 1999

Wednesday, March 24, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of the 33rd Psalm:

"Rejoice in the Lord, O you righteous.

Praise befits the upright...

Sing to him a new song."
Let us pray.

Dear Lord, we desperately need a new song! Grant that in the crisis we face in Kosovo, wise and prudent minds will prevail!

The world of nature is so wonderful and so beautiful and so fresh and so new!

We believe, O Lord, that the Psalmist is more profound than our poet who said, "God's in His Heaven, and all's right with the world." The Psalmist knew that all was not right, nor is it any better today, but that it is the goodness of the Lord with a responsive nature... and human nature... that alone can make things really right.

Help us to sing the "new song," as we respond, as nature does, to the call of a wonderful God.
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 1999, and to expire June 30, 2003:

1st Congressional District:


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Dr. Howard London Brilliant, 25 Rebellion Road, Charleston, S.C. 29407 VICE Cynthia C. Mosteller

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 1998, and to expire July 1, 2000:

Four-Year Institutions, Ex-Officio:

Marie M. Land, P. O. Box 138, Manning, S.C. 29102 VICE Timothy N. Dangerfield

Referred to the Committee on Education.

REGULATION RECEIVED

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

Document No. 2350
Agency: Department of Health and Environmental Control
SUBJECT: Development of Subdivision Water Supply and Sewage Treatment/Disposal Systems
Received by Lieutenant Governor March 18, 1999
Referred to Medical Affairs Committee
Legislative Review Expiration July 16, 1999 (Subject to Sine Die Revision)

REGULATION WITHDRAWN

The following was received:

Document No. 2032
Agency: Department of Education
SUBJECT: Creating More Effective Partnerships Among the Schools, Parents, Community and Business
Received by Lieutenant Governor April 29, 1996
Referred to the Education Committee
February 5, 1999 Senate Education Committee Requested Withdrawal
120 Day Period Tolled
March 16, 1999 Permanently Withdrawn


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Doctor of the Day

Senator GIESE introduced Dr. Robert Belding of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PEELER, at 1:20 P.M., Senator COURTNEY was granted a leave of absence for today.

Leave of Absence

On motion of Senator MOORE, at 1:00 P.M., Senator HOLLAND was granted a leave of absence for the balance of the day.

RECOMMITTED

S. 636 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2400, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SETZLER asked unanimous consent to recommit the Joint Resolution to the Committee on Education.

There was no objection.

The Joint Resolution was recommitted to the Committee on Education.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 645 (Word version) -- Senators Peeler and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-53-200, SO AS TO PROVIDE THAT A FARMER WHO HAS ENTERED INTO AN AGRICULTURAL CONSERVATION EASEMENT, IN A COUNTY WHERE A PRIORITY AGRICULTURAL LAND AREA HAS BEEN DESIGNATED, AND WHO SEEKS TO EXPAND A PERMITTED OPERATION IS REQUIRED TO SATISFY SITING AND MANAGEMENT REGULATIONS BUT IS NOT REQUIRED TO RECEIVE APPROVAL OR TO UNDERGO PUBLIC HEARINGS OR A PUBLIC NOTICE PERIOD.


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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 646 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-225, SO AS TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO "LOANER" VEHICLES, AND PROVIDE FOR RELATED MATTERS.

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

S. 647 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 59-149-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS AND THOSE INSTITUTIONS WHICH A STUDENT MAY ATTEND TO RECEIVE A LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT A STUDENT MAY RECEIVE LIFE SCHOLARSHIP FUNDS TO ATTEND AN OUT-OF-STATE PUBLIC INSTITUTION WHICH OFFERS A PROGRAM OF STUDY NOT OFFERED BY SOUTH CAROLINA INSTITUTIONS UNDER CERTAIN CONDITIONS.

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

S. 648 (Word version) -- Senators Drummond, Cork, Washington and McConnell: A BILL TO AMEND CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOLARSHIPS BY ADDING ARTICLE 11 ENACTING THE DIGITAL ARTS SCHOLARSHIPS PROGRAM SO AS TO PROVIDE TUITION ASSISTANCE FOR STUDENTS ENROLLED IN DIGITAL ANIMATION PROGRAMS AT IN-STATE PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION, TO PLACE THE PROGRAM UNDER THE JURISDICTION OF THE STATE COMMISSION ON HIGHER EDUCATION, TO REQUIRE COMMISSION APPROVAL FOR PROGRAMS IN WHICH STUDENTS RECEIVING ASSISTANCE ARE ENROLLED, AND TO PROVIDE FOR REPORTS TO THE GENERAL ASSEMBLY ON JOB PLACEMENTS IN THIS STATE OF SCHOLARSHIP RECIPIENTS.

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

S. 649 (Word version) -- Senators Matthews, Washington, Patterson and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,


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1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.

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

S. 650 (Word version) -- Senator Hayes: A BILL TO AMEND ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET AND CONTROL BOARD AND INSURANCE FOR STATE EMPLOYEES AND RETIREES, BY ADDING SECTION 1-11-760 SO AS TO PROVIDE THAT BENEFITS FOR MEDICAL OR HOSPITAL EXPENSES AND COVERAGE FOR PROSTHESES SHALL INCLUDE COVERAGE FOR "SCALP-HAIR PROSTHESES", AND TO PROVIDE FOR RELATED MATTERS.

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

S. 651 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PROPERTY CLASSIFICATIONS FOR TAX PURPOSES MUST BE EQUAL AND UNIFORM, ASSESSMENT RATIOS, ROLL-BACK TAXES, AND PROCEDURES FOR CLAIMING CERTAIN CLASSIFICATIONS, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT, IF A CHANGE IN OWNERSHIP OCCURS AND THE NEW OWNER DOES NOT QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO, THE SIX PERCENT ASSESSMENT RATIO SHALL APPLY TO THE PROPERTY ONLY FOR THE PORTION OF THE TAX YEAR IN WHICH THE PROPERTY IS OWNED BY THE NEW OWNER, AND DELETE THE PROVISION THAT REQUIRES THAT, FOR THE PORTION OF THE TAX YEAR IN WHICH THE PERSON QUALIFYING FOR THE FOUR PERCENT ASSESSMENT RATIO OWNED THE PROPERTY, THE FOUR PERCENT ASSESSMENT RATIO SHALL APPLY; TO AMEND ARTICLE 3, CHAPTER 43 OF TITLE 12, RELATING TO PROPERTY TAXES, COUNTY EQUALIZATION AND REASSESSMENT, AND UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-222, SO AS TO PROVIDE THAT REVENUE RULINGS BY THE DEPARTMENT OF REVENUE WHICH HAVE THE EFFECT OF INCREASING THE AD


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VALOREM PROPERTY TAXES FOR ANY OF THE STATE'S PROPERTY OWNERS BY CHANGING THE PROPERTY'S CLASSIFICATION DURING THE TAX YEAR OR BY DENYING EXEMPTIONS ARE NULL AND VOID AND OF NO EFFECT, AND BY ADDING SECTION 12-43-223, SO AS TO REQUIRE THE OFFICE OF THE COMPTROLLER GENERAL TO ISSUE A STATEMENT OF THE EFFECT OF ALL PROPOSED LEGISLATION AND ALL PROPOSED REVENUE RULINGS AND REGULATIONS OF THE DEPARTMENT OF REVENUE UPON THE ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF PROPERTY TAX LAWS BY THE COUNTY AUDITORS, TREASURERS, AND TAX COLLECTORS; AND TO REPEAL SUBSECTION B OF SECTION 60 OF PART II OF ACT 419 OF 1998, RELATING TO THE PROVISION THAT THE TIME BY WHICH THE WRITTEN NOTICE OF OBJECTION TO THE ASSESSMENT RATIO USED FOR THE ASSESSMENT OF PROPERTY TAXES FOR THE 1997 TAX YEAR IS EXTENDED FOR CERTAIN DEFINED TAXPAYERS AND CERTAIN PROPERTY INVOLVED IN A CHANGE OF OWNERSHIP AND RELATING FURTHER TO THE REQUIREMENT THAT THE DEPARTMENT OF REVENUE PLACE A NOTICE IN NEWSPAPERS OF GENERAL CIRCULATION NOTIFYING TAXPAYERS OF THIS EXTENSION OF TIME AND THE REQUIREMENT THAT THE DEPARTMENT OF REVENUE PROVIDE WRITTEN NOTIFICATION TO EACH COUNTY ASSESSOR AND COUNTY AUDITOR OF THE EXTENSION.

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

S. 652 (Word version) -- Senator Hayes: A BILL TO DESIGNATE SECTIONS 42-11-10 THROUGH 42-11-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL DISEASES UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, AS ARTICLE 1 OF CHAPTER 11 OF TITLE 42, ENTITLED "GENERAL PROVISIONS"; TO AMEND CHAPTER 11 OF TITLE 42, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW, BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS FOR THE COMPENSATION OF ASBESTOSIS AND SILICOSIS, INCLUDING PROVISIONS FOR CERTAIN MISDEMEANOR OFFENSES AND PENALTIES THEREFORE; AND TO AMEND ARTICLE 1, CHAPTER 11 OF TITLE 42, RELATING TO GENERAL PROVISIONS REGARDING


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OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW, BY ADDING SECTION 42-11-75 SO AS TO PROVIDE THAT, NOTWITHSTANDING THE PROVISIONS OF SECTION 42-11-60 OR SECTION 42-11-70 OR ANY OTHER PROVISION OF ARTICLE 1, CHAPTER 11 OF TITLE 42, COMPENSATION FOR INJURY OR DEATH DUE TO ASBESTOSIS OR SILICOSIS SHALL BE GOVERNED BY ARTICLE 3 OF CHAPTER 11 OF TITLE 42.

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

S. 653 (Word version) -- Senators Land, Drummond and Passailaigue: A JOINT RESOLUTION TO PROHIBIT THE OPERATION OF MORE THAN FIVE COIN-OPERATED DEVICES LICENSED PURSUANT TO SECTION 12-21-2720(A)(3), CODE OF LAWS SOUTH CAROLINA, 1976, AT ANY ESTABLISHMENT, LOCATION, PREMISES, OR STRUCTURE OR ANY LOCATION, PREMISES, OR STRUCTURE SUB-DIVIDED IN ANY MANNER WHICH ALLOWS FOR MAINTENANCE AND OPERATION OF SEPARATE ESTABLISHMENTS WITHIN A LOCATION, PREMISES, OR STRUCTURE AND TO REQUIRE THE DEPARTMENT OF REVENUE TO CONFISCATE DEVICES FOUND IN EXCESS OF THE LIMIT.

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

S. 654 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8926, SO AS TO PROVIDE A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF PURCHASING OR POSSESSING BEER, ALE, PORTER, WINE, FERMENTED BEVERAGES, OR ALCOHOLIC LIQUORS BY A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AUTHORIZE SUCH PERSONS TO APPLY TO THE COURT FOR AN ORDER EXPUNGING ALL RECORDS RELATING TO THE ARREST, INDICTMENT, OR INFORMATION, TRIAL, FINDING OF GUILTY, AND DISMISSAL; AND BY ADDING SECTION 61-4-595, SO AS TO PROVIDE THAT THE HOLDER OF A PERMIT FOR THE SALE OF BEER OR WINE WHO IS CHARGED WITH SELLING BEER OR WINE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE MAY USE AS A MITIGATING CIRCUMSTANCE PROGRAMS USED BY THE PERMIT HOLDER TO EDUCATE AND TRAIN ITS EMPLOYEES ON THE PREVENTION OF THE SALE OF BEER OR WINE TO


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PERSONS UNDER TWENTY-ONE YEARS OF AGE, AND TO FURTHER PROVIDE THAT, IF THE PERMIT HOLDER AND HIS EMPLOYEES PARTICIPATE IN SUCH A PROGRAM, THE ADMINISTRATIVE LAW JUDGE MAY DISMISS THE CHARGES AGAINST THE PERMIT HOLDER.

Read the first time and ordered placed on the Calendar without reference.

S. 655 (Word version) -- Judiciary Committee: A CONCURRENT RESOLUTION TO CAUSE THE BLACK LIBERATION FLAG TO BE FLOWN FROM THE FLAGPOLE ATOP THE STATE HOUSE AND INSIDE THE CHAMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY DURING THE PERIOD OF JANUARY 15-24, THE MONTH OF FEBRUARY, AND ON JUNE 19, "JUNETEENTH", AND DURING "KWANZAA", DECEMBER 26 THROUGH JANUARY 1, AS OFFICIAL RECOGNITION OF THE STRUGGLE FOR LIBERATION AND SUBSTANTIAL CONTRIBUTIONS OF CERTAIN CITIZENS, IN KEEPING WITH THE LEGISLATIVE POLICY OF HONORING SUCH CONTRIBUTIONS THROUGH THE DISPLAY OF FLAGS.

The Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 656 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby, Rankin and Ravenel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, TO PROHIBIT FEDERAL RECOUPMENT OF STATE TOBACCO SETTLEMENT RECOVERIES.

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

S. 657 (Word version) -- Senators Land and Moore: A SENATE RESOLUTION TO COMMEND THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK AND THE SOUTH CAROLINA HIGH SCHOOL LEAGUE FOR OUTSTANDING PLANNING AND PROGRAMMING THAT RESULTED IN THE TELEVISION BROADCASTING OF THE 1998 SOUTH CAROLINA HIGH SCHOOL FOOTBALL CHAMPIONSHIP GAMES FOR ALL OF THE PEOPLE OF SOUTH CAROLINA TO ENJOY.

The Senate Resolution was adopted.


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H. 3696 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1999 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR. (ABBREVIATED TITLE-GENERAL APPROPRIATION BILL)

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

H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.

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

H. 3698 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATIONS OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES.

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

H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

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

H. 3761 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THOMAS SIDNEY BASS, HEAD FOOTBALL COACH OF SENECA HIGH SCHOOL ON THE OCCASION OF HIS RETIREMENT AND ON BEING NAMED THE 1999 RECIPIENT OF THE DISTINGUISHED COACH AWARD FROM THE SOUTH CAROLINA FOOTBALL COACHES ASSOCIATION.

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

H. 3763 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown,


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H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING REVEREND JOHN C. WILLIAMS OF RICHLAND COUNTY ON THE OBSERVANCE OF HIS TENTH ANNIVERSARY AS PASTOR OF MACEDONIA BAPTIST CHURCH, AND COMMENDING HIM FOR HIS MANY YEARS OF HUMANITARIAN SERVICE THROUGHOUT THE STATE OF SOUTH CAROLINA.

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

H. 3771 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL, IN AIKEN COUNTY, UPON WINNING THE CLASS 2AA STATE MARCHING BAND CHAMPIONSHIP FOR THE SECOND YEAR IN SUCCESSION.

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

REPORTS OF STANDING COMMITTEE

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

S. 56 (Word version) -- Senators Alexander and Elliott: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES'


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ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.

Ordered for consideration tomorrow.

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

S. 67 (Word version) -- Senators Hayes, Wilson, Russell and Fair: A BILL TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO OFFENSES INVOLVING WEAPONS, SO AS TO REVISE THE DEFINITION FOR THE TERM "CRIME OF VIOLENCE" TO INCLUDE THE OFFENSES OF DISTRIBUTION OF NARCOTIC DRUGS AND TRAFFICKING OF NARCOTIC DRUGS.

Ordered for consideration tomorrow.

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

S. 70 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.

Ordered for consideration tomorrow.

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

S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,


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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 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.

Ordered for consideration tomorrow.


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

S. 523 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES TO BE CHARGED FOR FILING OR RECORDING A COMMISSION OF NOTARY PUBLIC OR OTHER PUBLIC OFFICE, LICENSE, OR PERMIT TO PRACTICE ANY PROFESSION OR TRADE, OR NOTICE OF FORMATION OR DISSOLUTION OF A PARTNERSHIP OR PROFESSIONAL ASSOCIATION, SO AS TO CHANGE THE COST FOR THE FILING FROM TWO DOLLARS TO FIVE DOLLARS.

Ordered for consideration tomorrow.

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

S. 577 (Word version) -- Senators McConnell, Leventis, Ryberg and Ford: A BILL TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT A PERSON MAY NOT SEEK MORE THAN ONE JUDICIAL VACANCY AT THE SAME TIME.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

H. 3626 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE TO PROMULGATE STRICT AND COMPREHENSIVE REGULATIONS NECESSARY TO REGULATE THE OPERATION OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE INCLUDING A RECOMMENDATION FOR THE IMPOSITION OF A TAX RATE AND REGULATIONS TO IMPOSE FEES ON SUCH MACHINES OR ON THE OWNERS, DISTRIBUTORS, OR OPERATORS THEREOF IN AN AMOUNT NECESSARY TO GENERATE REVENUE IN THE AGGREGATE OF AT LEAST TWO HUNDRED MILLION DOLLARS ANNUALLY, AND TO PROVIDE FOR THE PROCEDURES UNDER WHICH THE REGULATIONS MUST BE PROMULGATED INCLUDING A PROVISION THAT THEY MUST BE SUBMITTED TO THE GENERAL ASSEMBLY BY APRIL 1, 1999, AND ARE DEEMED APPROVED ON JUNE 3, 1999, IF THE GENERAL ASSEMBLY


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HAS NOT ENACTED A JOINT RESOLUTION PRIOR TO THIS DATE APPROVING OR DISAPPROVING SUCH REGULATIONS.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 644 (Word version) -- Senators McConnell, Washington, Ford, Jackson and Courson: A CONCURRENT RESOLUTION TO HONOR MR. MAC ARTHUR GOODWIN UPON HIS ELECTION AS PRESIDENT OF THE NATIONAL ART EDUCATION ASSOCIATION, WHICH IS THE WORLD'S LARGEST PROFESSIONAL ART EDUCATION ASSOCIATION AND A LEADER IN EDUCATIONAL RESEARCH, POLICY, AND PRACTICE FOR ART EDUCATION.

Returned with concurrence.

Received as information.

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

READ THE THIRD TIME
ORDERED ENROLLED FOR RATIFICATION

H. 3415 (Word version) -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.

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

There was no objection.


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Senator MOORE explained the Bill.

There being no further amendments, the Bill was read the third time and ordered enrolled for Ratification.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3598 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO COMPRESSED GAS TANKS/CYLINDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2320, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE LIVESTOCK POULTRY HEALTH DIVISION, RELATING TO ANIMAL PROTEINS PROHIBITED IN RUMINANT FEEDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2324, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3600 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TROPICAL SODA APPLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2359, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3601 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO MEAT AND POULTRY ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2318, PURSUANT TO THE


Printed Page 1087 . . . . . Wednesday, March 24, 1999

PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House:

S. 311 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-52-95 SO AS TO PROVIDE THAT THE SCHOOL TO WORK ADVISORY COUNCIL SHALL REPORT TO THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE SENATE EDUCATION COMMITTEE BY JANUARY 1, 2000, AS TO THE PROGRESS MADE IN ESTABLISHING THE SCHOOL-TO-WORK SYSTEM, DIFFICULTIES ENCOUNTERED, AND ANY ACTIONS REQUIRED BY THE GENERAL ASSEMBLY TO ENSURE SUCCESS OF THE SYSTEM; TO PROVIDE THAT NO STATE FUNDS SHALL BE EXPENDED TO SUPPORT THE CONTINUATION OF THE ADVISORY COUNCIL, AND THE ADVISORY COUNCIL SHALL TERMINATE ON DECEMBER 1, 2002; AND TO AMEND SECTION 59-52-90, RELATING TO THE SCHOOL TO WORK ADVISORY COUNCIL AND OTHER RELATED MATTERS, SO AS TO DELETE REFERENCES TO THE ADVISORY COUNCIL EFFECTIVE DECEMBER 1, 2002.

S. 488 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.

S. 620 (Word version) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION


Printed Page 1088 . . . . . Wednesday, March 24, 1999

TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS, DIGITIZED PHOTOGRAPHS, AND DIGITIZED SIGNATURES, AND TO PROHIBIT ANY PRIVATE PERSON OR ENTITY FROM USING AN ELECTRONICALLY-STORED VERSION OF THE PHOTOGRAPH, SOCIAL SECURITY NUMBER, OR SIGNATURE OF ANY PERSON FOR ANY PURPOSE, WHEN SUCH ELECTRONICALLY-STORED INFORMATION WAS OBTAINED FROM A DRIVER'S LICENSE RECORD.

S. 100 (Word version) -- Senators McConnell, Passailaigue, Ford, Mescher, Ravenel, Branton, Grooms, Elliott, Washington, Reese and Cork: A BILL TO AMEND SECTION 12-43-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF APPRAISAL AND EQUALIZATION OF THE VALUE OF REAL PROPERTY AND THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE EQUALIZATION PROGRAM FOR PURPOSES OF PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO POSTPONE IMPLEMENTATION FOR NOT MORE THAN ONE PROPERTY TAX YEAR AND TO PROVIDE THAT THIS POSTPONEMENT DOES NOT ALTER THE SCHEDULE OF APPRAISAL AND EQUALIZATION.

AMENDMENT PROPOSED, CARRIED OVER

S. 424 (Word version) -- Senators J. Verne Smith, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL PHOTOGRAPHS OR DIGITIZED IMAGES CONTAINED IN A PERSON'S DRIVER'S LICENSE RECORD, AND TO DELETE PARAGRAPH 36.12, SECTION 36, PART IB OF ACT 419 OF 1998 WHICH AUTHORIZES THE SALE OF SUCH ITEMS.


Printed Page 1089 . . . . . Wednesday, March 24, 1999

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

Senator FAIR proposed the following amendment (GGS\22240CM99):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 30-4-85.   (A)   Notwithstanding another provision of law, a state agency shall not release the name, address, picture, or information of a personal or impersonal nature contained in its records of a person without his written permission. If the person is a minor, the written permission of the minor's parent or legal guardian must be obtained before the information contained in this section is released. However, a minor's school records may be transferred to a school in which he newly has enrolled as a student, but his new school shall not release his school records to a person, institution, or agency without the written permission of his parent or legal guardian.

(B)   The provisions in this section do not apply to a law enforcement agency accessing state agency records for official law enforcement purposes."

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

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

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

AMENDMENT PROPOSED, CARRIED OVER

S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, AND TO AMEND CHAPTER 7 OF TITLE 20 RELATING TO VARIOUS SECTIOONS OF THE CHILDREN CODE. (ABBREVIATED TITLE)

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


Printed Page 1090 . . . . . Wednesday, March 24, 1999

Senator FAIR proposed the following amendment (PT\1364AC99):

Amend the bill, as and if amended, Section 20-7-510, page 11, by deleting lines 12 and 13 and inserting:

/ mental health, or allied health professional or Christian Science practitioner, religious healer, school teacher, counselor, principal, /

Amend title to conform.

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

SECOND READING BILLS

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

S. 622 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 5, 1999, MISSED BY SIXTH AND SEVENTH GRADE STUDENTS OF GREER MIDDLE SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO THE LOSS OF HEAT IN THE BUILDING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 628 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 629 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 630 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION,


Printed Page 1091 . . . . . Wednesday, March 24, 1999

RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 631 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO VERIFICATION OF ELIGIBILITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 632 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIRED EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 633 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 634 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL, REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2392, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 635 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2401, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 1092 . . . . . Wednesday, March 24, 1999

S. 637 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FOREIGN APPLICANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2399, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 638 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPIRED LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2398, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 639 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EFFECTIVE DATE OF CREDENTIAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2393, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 640 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 641 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2396, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 642 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CREDENTIAL ADVANCEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2394, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 1093 . . . . . Wednesday, March 24, 1999

ADOPTED

H. 3722 (Word version) -- Reps. Lucas, J. Hines and Neilson: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 29 - APRIL 3, 1999, AS "SOUTHEASTERN BASEBALL CLASSIC WEEK".

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 535 (Word version) -- Senators Short, Bryan, Washington, Cork, Setzler, Anderson, Mescher, Hayes, Wilson, Drummond, Waldrep, Jackson, Ford, Rankin, Moore, Land, J. Verne Smith, Hutto, Branton, Russell, Matthews, Leventis, Reese, Passailaigue, Glover, McGill, Elliott, Saleeby and Holland: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE


Printed Page 1094 . . . . . Wednesday, March 24, 1999

THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT.

Senator SETZLER made a motion that the Bill be made a Special Order.

By a division vote of 30-2, the Bill was made a Special Order.

MOTION ADOPTED

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 586 (Word version) -- Finance Committee: A BILL AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT; TO AMEND SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT


Printed Page 1095 . . . . . Wednesday, March 24, 1999

BONDS, SO AS TO INCREASE THE AMOUNT OF BONDS WHICH MAY BE ISSUED.

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

Senator GIESE spoke on the Bill.

Senator PASSAILAIGUE spoke on the Bill.

Amendment No. 1A

Senator DRUMMOND proposed the following Amendment No. 1A (DKA\3359MM99), which was adopted:

Amend the bill, as and if amended, subsection A, SECTION 1, page 2, by deleting line 6 which reads:

/Student Center Facility             7,000,000/;

Page 2, line 14, opposite /Wellness and Fitness Center/ by deleting
/1,000,000/ and inserting / 3,000,000 /;

Page 2, by inserting after line 17:
/   ( )     USC-Beaufort Campus

New River Facility               2,500,000

( )     USC-Spartanburg Campus

Information Resources Center     1,000,000 / and

Page 2, by deleting line 21 which reads /Sciences Equipment
1,900,000/ and inserting:

/ Peabody Gymnasium             4,400,000 /.

Amend further, subsection B, SECTION 1, page 3, by inserting after line 1a new item (i) to read:

(i)     Spartanburg Technical College

Student Services Building       1,000,000/

Amend further, subsection E, SECTION 1, page 3, line 31, opposite /Spartanburg Renaissance Center/ by striking /4,000,000/ and inserting / 2,000,000 /

Renumber sections to conform.

Amend title and totals to conform.

Senator DRUMMOND explained the amendment.

ACTING PRESIDENT PRESIDES

At 12:02 P.M., Senator MARTIN assumed the Chair.

Senator DRUMMOND continued explaining the amendment.


Printed Page 1096 . . . . . Wednesday, March 24, 1999

The amendment was adopted.

Amendment No. 2C

Senators MESCHER, PASSAILAIGUE, McCONNELL and GROOMS proposed the following Amendment No. 2C (586C015.WCM), which was tabled:

Amend the bill, as and if amended, page 3, by adding after line 6, an appropriately lettered item to read:

/     "( )     Trident Technical College

Complex for Ind/Economic Dev.-Phase II Renov.   9,800,000" /

Renumber sections to conform.

Amend title and totals to conform.

Senator MESCHER explained the amendment.

Senator MESCHER moved that the amendment be adopted.

Senator DRUMMOND spoke on the amendment.

Senators McCONNELL, RAVENEL and BRANTON argued in favor of the adoption of the amendment.

PRESIDENT PRESIDES

At 12:46 P.M., the PRESIDENT assumed the Chair.

Senator BRANTON continued arguing in favor of the adoption of the amendment.

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

Senator WALDREP spoke on the amendment.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

Senators PASSAILAIGUE, GROOMS, McCONNELL, WASHINGTON, BRANTON, FORD, MESCHER, RAVENEL and MATTHEWS desired to be recorded as voting against the motion to table the amendment.

Senator BRANTON spoke on the Bill.


Printed Page 1097 . . . . . Wednesday, March 24, 1999

Amendment No. 9A

Senator MESCHER proposed the following Amendment No. 9A (586C018.WCM), which was tabled:

Amend the bill, as and if amended, page 3, by adding after line 6, an appropriately lettered item to read:

/     ( )     Trident Technical College

Complex for Ind/Economic Dev.-Phase II Renov.       9,800,000 /

Amend the bill further, as and if amended, page 3, line 23, by striking / 10,000,000 / and inserting in lieu thereof the following:

/ 200,000       /

Renumber sections to conform.

Amend title and totals to conform.

Senator MESCHER explained the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 11A

Senators HUTTO, WASHINGTON and MATTHEWS proposed the following Amendment No. 11A (586C019.CBH), which was withdrawn:

Amend the bill, as and if amended, page 2, after line 17, by inserting an appropriately lettered item:

/ ( )   USC - Salkehatchie

Deferred Maintenance                 2,100,000     /

Renumber sections to conform.

Amend title and totals to conform.

Senator HUTTO explained the amendment.

On motion of Senator HUTTO, with unanimous consent, the amendment was withdrawn.

Amendment No. 18

Senator DRUMMOND proposed the following Amendment No. 18 (586C025.JWD), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/ SECTION   1.   Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 5, Act 531 of 1994, is further amended by adding:


Printed Page 1098 . . . . . Wednesday, March 24, 1999

"A.   COLLEGES AND UNIVERSITIES

(a)   Commission on Higher Education

University Center-McAlister Square   7,500,000

(b)   The Citadel

Padget-Thomas Hall Replacement   8,000,000

(c)   Clemson University

Long Hall         4,000,000

Littlejohn Coliseum   9,000,000

(d)   University of Charleston

Physical Education Center   12,000,000

Simons Center for the Arts   3,000,000

(e)   Coastal Carolina University

Humanities and Fine Arts Building   5,601,500

(f)   Francis Marion University

Energy Facility Upgrade   525,000

(g)   Lander University-Renovation of

Campus Electronic Communications

Infrastructure     988,000

(h)   South Carolina State University

Hodge Hall Science Building   10,000,000

Deferred Maintenance-Phase One   7,500,000

(i)     University of South Carolina

Columbia (including Medical School)

School of Public Health   3,500,000

Arena             7,500,000

Wellness and Fitness Center   3,000,000

School of Law - New Building   5,000,000

(j)     USC - Aiken Campus

Student Activities Center   3,000,000

(k)   USC - Beaufort Campus

New River Facility   2,500,000

(l)     USC - Spartanburg

Information Resources Center   1,000,000

(m)   USC - Sumter Campus

Alice Drive Baptist Church-Acquisition   1,500,000

(n)   Winthrop University

Peabody Gymnasium   4,400,000

(o)   Medical University of South Carolina

Hollings Cancer Center-Expansion   10,000,000


Printed Page 1099 . . . . . Wednesday, March 24, 1999

B.     STATE TECHNICAL AND COMPREHENSIVE EDUCATION

(a)   Technical System

Education and Training Equipment   13,000,000

(b)   Aiken Technical College

Health and Sciences Building   5,325,000

(c)   Central Carolina Technical College

EF Dubose Career Center   9,611,309

(d)   Denmark Technical College

Library           2,000,000

(e)   Horry-Georgetown Technical College

Library/Student Center   7,136,224

(f)   Midlands Technical College

Information Tech Center NE Campus   5,280,000

(g)   Orangeburg-Calhoun Technical College

Library, Cafeteria, and

Student Service Area   4,256,000

(h)   Spartanburg Technical College

Student Services Building   1,000,000

(i)     Piedmont Technical College

Laurens County Higher

Education Center   4,000,000

Edgefield County Center Renovation   900,000

(j)     York Technical College

Building C Expansion   2,100,000

(k)   Williamsburg County Technical College

Roof Replacement-Buildings A & B   600,000

Computer Equipment and Software   599,723

C.     OTHER EDUCATIONAL AGENCIES

(a)   ETV

Conversion to Digital Transmission   10,000,000

(b)   Governor's School for Science and Math

Renovation of Facility   6,000,000

(c)   School for the Deaf and Blind

Walker Hall Renovation   11,920,000

(d)   Wil Lou Gray

Roof System       1,000,000

Flooring           1,000,000

D.     PUBLIC EDUCATION

(a)   Department of Education

School Buses and Maintenance


Printed Page 1100 . . . . . Wednesday, March 24, 1999

Vehicles         15,000,000

E.     OTHER AGENCIES

(a)   Department of Agriculture

Columbia Farmer's Market   10,000,000

(b)   Budget and Control Board

Deferred Maintenance   4,281,193

(c)   Clemson PSA

Agriculture and Life Science Complex   10,000,000

Edisto Center       4,000,000

(d)   Department of Commerce

Lake Marion Water Agency   8,000,000

Spartanburg Renaissance Center   2,000,000

(e)   Department of Mental Health

Greenville Mental Health Center   5,985,000

Kershaw/Santee/Wateree Center   2,300,000

Greenwood Beckman Health Center   4,700,000

(f)   Department of Natural Resources

Florence HQ Building   500,000

Greenwood HQ Building   500,000

(g)   Department of Parks, Recreation and Tourism

State Parks         10,000,000

(h)   State Library

Cherokee County Library   500,000

(i)     State Ports Authority

Harbor Dredging     24,000,000"

SECTION   2.   Section 4 of Act 1377 of 1968, as last amended by Act 523 of 1992, is further amended to read:

"Section 4.   The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,544,525,375.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital


Printed Page 1101 . . . . . Wednesday, March 24, 1999

improvement bonds may be issued under the conditions prescribed by this act."

SECTION   3.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title and totals to conform.

Senator DRUMMOND explained the amendment.

The amendment was adopted.

The question then was the third reading of the Bill.

Senator RYBERG spoke on the Bill.

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

Ayes 42; Nays 2

AYES

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

Total--42

NAYS

Fair                      Ryberg

Total--2


Printed Page 1102 . . . . . Wednesday, March 24, 1999

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

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

MOTION ADOPTED

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John D. Lee of Sumter, S.C.

ADJOURNMENT

At 1:25 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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