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


Printed Page 1101 . . . . . Thursday, March 2, 2000

Thursday, March 2, 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, Book of Proverbs speaks to every age of human beings, hear Chapter 16, verse 32:

"He who is slow to anger is better than the mighty,

And he who rules his spirit than he who takes a city."
Let us pray.

Come Blessed Spirit of God, speak to our hearts in the presence of every challenge that we confront as leaders of a confused people.

Help us evermore to remain in control of our minds and our wills, and our emotions, remembering that "out of the heart are the issues of life."

Help us to remember that Peter walked on water as long as his eyes were focused on his Lord Jesus and he began to sink when he was overwhelmed at the sight of the black clouds and the stormy sea.
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, Anderson County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Sammy Joe Buchanan, Sr., 230 Jenkins Circle, Townville, S.C. 29689 VICE Thomas H. Williams

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

Nicole McBrayer Amos, 4324 Dye Road, Edgemoor, S.C. 29712


Printed Page 1102 . . . . . Thursday, March 2, 2000

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

Martha F. Love-Gregory, P.O. Box 181, Chester, S.C. 29706

Doctor of the Day

Senator GIESE introduced Dr. William Brannon of Columbia, S.C., Doctor of the Day.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2458
Agency: Department of Health and Environmental Control
SUBJECT: Retail Food Establishment Inspection Fees
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000
Revised May 17, 2000
Committee Requested Withdrawal February 23, 2000
120 Day Period Tolled
Withdrawn and Resubmitted March 2, 2000

RECALLED AND ADOPTED

S. 1171 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT AND CONGRESS TO TAKE APPROPRIATE STEPS TO ENCOURAGE THE OPEC OIL PRODUCING NATIONS TO INCREASE OIL PRODUCTION AND STABILIZE THE NATION'S GAS AND OIL PRICES.

Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

There was no objection.

Senator ELLIOTT asked unanimous consent to adopt the Concurrent Resolution.

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

Ayes 45; Nays 0


Printed Page 1103 . . . . . Thursday, March 2, 2000

AYES

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
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                     Richardson                Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington                Wilson

Total--45

NAYS

Total--0

The Concurrent Resolution was adopted.

Motion Adopted

On motion of Senator BRYAN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1210 (Word version) -- Senator Short: A BILL TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX, BY ADDING SECTION 12-6-3365 SO AS TO PROVIDE FOR A MORATORIUM ON STATE CORPORATE INCOME TAXES FOR A TAXPAYER WHO CREATES AND MAINTAINS FULL-TIME NEW JOBS IN A COUNTY QUALIFYING BY REASON OF HIGH UNEMPLOYMENT OR LOW PER CAPITA INCOME, TO ESTABLISH CRITERIA FOR THE NUMBER AND TYPE OF


Printed Page 1104 . . . . . Thursday, March 2, 2000

FULL-TIME NEW JOBS REQUIRED AND FOR THE DETERMINATION OF QUALIFYING COUNTIES, AND TO PROVIDE FOR THE LENGTH OF THE MORATORIUM; AND TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO PROVIDE THAT TAX CREDITS MAY BE CLAIMED, OR UNUSED TAX CREDITS CARRIED FORWARD, AFTER EXPIRATION OF THE MORATORIUM PERIOD; AND TO PROVIDE THAT A TAXPAYER MAY QUALIFY FOR THE MORATORIUM BEGINNING IN TAX YEARS AFTER 1997, WITH THE REPEAL OF THESE PROVISIONS ON JULY 1, 2005, NOT AFFECTING A MORATORIUM THEN IN EFFECT.
l:\council\bills\dka\3735mm00.doc

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

S. 1211 (Word version) -- Senators Bryan and Giese: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE ALL PERSONS WHOSE DRIVER'S LICENSE OR IDENTIFICATION CARD HAS BEEN INVALIDATED BY JUDICIAL OR ADMINISTRATIVE ACTION OR WHO FAILED TO RENEW A DRIVER'S LICENSE OR IDENTIFICATION CARD, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST CONTAINING NEWLY LICENSED DRIVERS OR IDENTIFICATION CARD HOLDERS OVER THE AGE OF EIGHTEEN DURING THE YEARS IN WHICH JURY LISTS ARE NOT FURNISHED TO COUNTY JURY COMMISSIONERS BY THE STATE ELECTION COMMISSION, AND TO DELETE THE PROVISION REQUIRING THE STATE ELECTION COMMISSION TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST OF NEWLY


Printed Page 1105 . . . . . Thursday, March 2, 2000

REGISTERED VOTERS IN THE COUNTY ADDED SINCE ITS LAST REPORT; TO AMEND SECTION 14-7-250, AS AMENDED, RELATING TO THE DISPOSITION OF THE NAMES OF PERSONS WHO ARE DRAWN AND WHO SERVE AS JURORS, SO AS TO REVISE THIS PROVISION TO INCLUDE PERSONS WHO ATTEND A SESSION OF COURT AS A MEMBER OF A JURY POOL; AND TO AMEND SECTION 14-17-850, AS AMENDED, RELATING TO A PERSON'S LIABILITY TO BE DRAWN AND SERVE AS A JUROR MORE THAN ONCE DURING A YEAR, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO SERVES AS A JUROR BE EXEMPTED FROM JURY SERVICE UNDER CERTAIN CIRCUMSTANCES.
l:\council\bills\ggs\22538cm00.doc

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

S. 1212 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.
l:\council\bills\bbm\9310htc00.doc

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

S. 1213 (Word version) -- Senators Wilson, Thomas and Grooms: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ACT QUICKLY TO INTRODUCE AND PASS EMERGENCY LEGISLATION TO SUSPEND THE FEDERAL EXCISE TAX ON DIESEL FUEL FOR A PERIOD OF FORTY-FIVE TO NINETY DAYS WHILE NEGOTIATIONS PROCEED WITH OPEC IN AN ATTEMPT TO END THIS CURRENT ESCALATION OF DIESEL FUEL PRICES AND, FURTHER, TO ACT INDEPENDENTLY OF AND IN CONCERT WITH THE PRESIDENT TO FIND


Printed Page 1106 . . . . . Thursday, March 2, 2000

LONG-TERM SOLUTIONS AND DETERRENTS TO THIS VOLATILE THREAT TO OUR ECONOMIC WELL-BEING.
l:\council\bills\dka\3744mm00.doc

The Concurrent Resolution was introduced and referred to the Committee on Finance.

H. 4545 (Word version) -- Reps. Sandifer, Barrett, Cato and Trotter: A BILL TO AMEND SECTION 58-9-2540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE PUBLIC SERVICE COMMISSION FOR MONITORING THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE FOR HEARING AND SPEECH-IMPAIRED PERSONS AND FOR HEARING AND VISUALLY-IMPAIRED PERSONS, SO AS TO ADD REPRESENTATIVES TO THE COMMITTEE FROM THE NATIONAL FEDERATION FOR THE BLIND OF SOUTH CAROLINA AND THE SOUTH CAROLINA COMMISSION FOR THE BLIND.

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

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3430 (Word version) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.

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

Senator LAND proposed the following amendment (3430R001.JCL), which was adopted:

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

/   SECTION   ___.   (A)   Notwithstanding any other provision of law, the Department of Public Safety shall not assess or collect delinquency penalties for vehicle registrations which expire on January 31, 2000,


Printed Page 1107 . . . . . Thursday, March 2, 2000

February 29, 2000, March 31, 2000, or April 30, 2000, provided the registration fee is paid within forty-five days of the mailing of the corrected tax notice.

(B)   A driver of a motor vehicle with a license plate that expired or will expire in January, February, March, or April of 2000, shall not be issued a uniform traffic citation for driving with an expired license plate until May 16, 2000.

(C)   The Department of Public Safety is responsible for notifying all law enforcement entities within the State of the provisions of this section.   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator MOORE proposed the following amendment (3430R002.TLM), which was adopted:

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

/   SECTION   .   Section 56-3-3320 of the 1976 Code is amended to read:

"Section 56-3-3320.   (A)   The special license plates must be of the same size as regular motor vehicle license plates, upon which must be imprinted on the left side of the plates the distinctive purple heart insignia with numbers and designs determined by the department.

(B)   If a person who qualifies for the special license plate issued under this section also qualifies for the handicapped license plate issued pursuant to Section 56-3-1960(1), then the license plate issued pursuant to this section shall also include the distinguishing symbol used on license plates issued pursuant to Section 56-3-1960(1). Until the department determines that the license plate shall be redesigned to include the symbol, the department shall develop a decal using a distinguishing symbol to be placed on the license plate which shall be issued to all persons who request the license plate authorized by this subsection, including persons for whom license plates were issued pursuant to this section on the effective date of this subsection."

SECTION   ___.   Section 56-3-1110 of the 1976 Code is amended to read:


Printed Page 1108 . . . . . Thursday, March 2, 2000

"Section 56-3-1110.   (A)   A wartime disabled veteran who is entitled to compensation for the loss, or loss of use of one or both legs or arms, or the permanent impairment of vision in both eyes to a degree as to constitute virtual blindness and is also entitled to a special monthly statutory award by reason thereof or any South Carolina veteran classified as totally and permanently disabled due to service-connected disabilities as determined from medical records on file with the Veterans Administration may make application for registration and license of his owned or leased private passenger motor vehicle to the department without accompanying such application with the usual fee for registration and license of a vehicle of similar type. The department shall issue such license plates upon the receipt of such application in such form as may be required. A veteran who is issued a license plate under the provisions of this section shall not be required to reapply so long as he owns or leases the vehicle for which the plate is issued and a surviving spouse of such a veteran is also eligible to obtain such plate so long as the surviving spouse does not remarry.

(B)   If a person who qualifies for the special license plate issued under this section also qualifies for the handicapped license plate issued pursuant to Section 56-3-1960(1), then the license plate issued pursuant to this section shall also include the distinguishing symbol used on license plates issued pursuant to Section 56-3-1960(1). Until the department determines that the license plate shall be redesigned to include the symbol, the department shall develop a decal using a distinguishing symbol to be placed on the license plate which shall be issued to all persons who request the license plate authorized by this subsection, including persons for whom license plates were issued pursuant to this section on the effective date of this subsection."   /

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 and ordered returned to the House of Representatives with amendments.


Printed Page 1109 . . . . . Thursday, March 2, 2000

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 4660 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

S. 1200 (Word version) -- Senator Washington: A BILL TO PROVIDE ANNUAL SALARIES FOR THE MEMBERS AND THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT, AND TO PROVIDE THAT THESE SALARIES MUST BE IN LIEU OF PER DIEM AND MILEAGE ALLOWANCES FOR MEETINGS OF THE BOARD.

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

RECALLED AND COMMITTED

H. 3863 (Word version) -- Reps. Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor, Vaughn, Hawkins and Knotts: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS.

Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.


Printed Page 1110 . . . . . Thursday, March 2, 2000

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

There was no objection.

The Bill was recalled from the Committee on Education and committed to the Committee on Judiciary.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 12 (Word version) -- Senators Leventis, Hutto, Glover, Washington and Short: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The Committee on Agriculture and Natural Resources proposed the following amendment (PT1374DW99), which was adopted:


Printed Page 1111 . . . . . Thursday, March 2, 2000

Amend the bill, as and if amended, Section 46-53-60(A)(1) page 10, line 27 after / landowner / by inserting / whose property is within the proposed priority agricultural land area /

Amend the bill further, Section 46-53-100(B), page 16, immediately after line 37, by inserting:

/   (10) If an agricultural easement is being purchased on property on which there is an existing lienholder on the property containing the easement, the lienholder also must consent to the purchase of the easement. /

Amend the bill further, Section 46-56-160, page 20, line 41 by deleting /prior consultation with/ and inserting / notifying /.

Amend the bill further, Section 46-53-170, page 21, line 6 after the / . / by inserting / However, a county may not impose impact fees to fund the purposes provided for in this chapter or to carry out its duties and responsibilities under this chapter. /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the committee amendment.

The committee amendment was adopted.

On motion of Senator LEVENTIS, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

Co-Sponsor Added

On motion of Senator THOMAS, with unanimous consent, the name of Senator THOMAS was added as a co-sponsor to S. 12.

CARRIED OVER

S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT


Printed Page 1112 . . . . . Thursday, March 2, 2000

BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

READ THE SECOND TIME

S. 1109 (Word version) -- Senators Moore, Short, Reese, Leatherman, Wilson, Courtney, Waldrep, Drummond, Land, O'Dell, McConnell, Peeler, Thomas, Mescher, Bryan, Holland, McGill, Elliott, Giese, Courson, Passailaigue, Branton, Fair, Anderson, Hayes, Washington, Ravenel, Richardson, Bauer, Grooms, Saleeby and Rankin: A JOINT RESOLUTION TO PROVIDE THAT AT THE DISCRETION OF THE APPROPRIATE LOCAL SCHOOL BOARD, UP TO FIVE SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000, WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.

Senator RYBERG argued contra to the second reading of the Joint Resolution.

Senator RYBERG proposed the following Amendment No. 1 (GJK\21039SD00), which was withdrawn:

Amend the joint resolution, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/ SECTION   ______.   Notwithstanding the provisions of Section 59-1-420 of the 1976 Code, the length of the school term beginning with school year 2000-2001 is increased to one hundred ninety-five days with the additional five days to be used for student instruction. With this increase in the school term, a local school board of trustees is


Printed Page 1113 . . . . . Thursday, March 2, 2000

authorized to forgive for any school year up to five school days of student instruction missed as a result of inclement weather or for other reasons without further authorization./

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senators MOORE and SETZLER spoke on the Resolution.

Senator RYBERG asked unanimous consent to make a motion to withdraw the amendment.

Senator MOORE objected.

The question then was the adoption of the amendment.

Senator MOORE moved to lay the amendment on the table.

Senator SETZLER spoke on the Resolution.

On motion of Senator MOORE, with unanimous consent, the motion to lay the amendment on the table was withdrawn.

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

The question then was the second reading of the Joint Resolution.

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

Ayes 43; Nays 1

AYES

Alexander                 Anderson *                Bauer
Branton                   Bryan                     Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Grooms                    Hayes                     Holland *
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews *                McConnell                 McGill
Mescher                   Moore                     O'Dell

Printed Page 1114 . . . . . Thursday, March 2, 2000

Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Richardson                Russell                   Saleeby
Setzler                   Short                     Smith, J. Verne *
Thomas                    Waldrep                   Washington
Wilson

Total--43

NAYS

Ryberg

Total--1

*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.

The Resolution was read the second time, passed and ordered to a third reading.

S. 1109--Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 1109 was ordered to receive a third reading on Friday, March 3, 2000.

DEBATE INTERRUPTED

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE


Printed Page 1115 . . . . . Thursday, March 2, 2000

ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT, IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.

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

Senator McCONNELL asked unanimous consent to make a motion that the Bill be placed in the status of Interrupted Debate.

There was no objection and the Bill was placed in the status of Interrupted Debate.

Co-Sponsors Added

On motion of Senator BRYAN, with unanimous consent, the names of Senators BRYAN, HUTTO, COURSON, RICHARDSON, RAVENEL, WASHINGTON, GIESE and SHORT were added as co-sponsors of S. 1041.

RECALLED, AMENDED, READ THE SECOND TIME
WITH NOTICE GENERAL AMENDMENTS

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.


Printed Page 1116 . . . . . Thursday, March 2, 2000

Senator DRUMMOND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

Senator DRUMMOND asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

Senator DRUMMOND proposed the following amendment (DKA\3752MM00), which was adopted:

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

/ SECTION   1.   The following sums are appropriated from 1998-99 surplus general fund revenues for the purpose stated:

(1)   Budget and Control Board

School District Health Insurance

Ten percent increase                       $6,314,155

(2)   Adjutant General-Emergency

Preparedness Division

FEMA Match for Hurricane Floyd           11,467,088

FEMA Match for Winter Storm               3,589,969

(3)   Comptroller General

Implementation of Accounting System         2,000,000

(4)   Department of Health and Human Services

Medicaid (Deficit)                         25,849,000

(5)   Budget and Control Board

800 Mhz Communication System             3,000,000

(6)   Department of Transportation

Emergency Evacuation

Message Boards and Advisory Radios         2,000,000

TOTAL                                 $54,220,212

SECTION   2.   Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and used for the same purposes.

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

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.


Printed Page 1117 . . . . . Thursday, March 2, 2000

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

There was no objection.

The Joint Resolution was amended, read the second time with notice of general amendments and ordered placed on the third reading Calendar.

EXECUTIVE SESSION

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS
Confirmations

Having been reported favorably from Executive Session, the following appointments were confirmed in open session:

Statewide Appointments

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 30, 1999, and to expire September 30, 2003:

At-Large:

William Chester Cross, 5 The Summit, Paris Mountain, Greenville, S.C. 29609 VICE Gregory J. English

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 1, 1996, and to expire September 1, 2000:

At-Large:

Steven Michael Calcutt, 1841 Brigadoone Lane, Florence, S.C. 29505 VICE William Patrick Flack (resigned)

Reappointment, South Carolina Commission on Consumer Affairs, with term to commence September 1, 2000, and to expire September 1, 2004:

At-Large:

Steven Michael Calcutt, 1841 Brigadoone Lane, Florence, S.C. 29505


Printed Page 1118 . . . . . Thursday, March 2, 2000

Initial Appointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 1999, and to expire March 15, 2005:

6th Congressional District:

Sanco K. Rembert, 121 Moultrie Street, Charleston, S.C. 29403 VICE Nell Cooke Quarles

Initial Appointment, South Carolina Board of Probation, Parole & Pardon Services, and to expire March 15, 2000:

At-Large:

Marlene T. McClain, 209 Arden Chase, Anderson, S.C. 29621 VICE Raymond J. Rossi

Reappointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 2000, and to expire March 15, 2006:

At-Large:

Marlene T. McClain, 209 Arden Chase, Anderson, S.C. 29621

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1999, and to expire June 30, 2003:

At-Large:

Eugene McGregor Hunter, 843 Camellia St., Columbia, S.C. 29205 VICE W. C. Jenkins

Initial Appointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 1999, and to expire March 15, 2005:

2nd Congressional District:

June Strother Shissias, 448 Springlake Road, Columbia, S.C. 29206 VICE Rebecca L. Adams

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

At-Large:

Carolyn McCoy Govan, 317 Marlboro Ave., Hartsville, S.C. 29550 VICE Edward B. Hart

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1999, and to expire June 30, 2002:


Printed Page 1119 . . . . . Thursday, March 2, 2000

At-Large:

Carrie Burns Brown, 219 Hidden Hills Dr., Greenville, S.C. 29605 VICE Herman G. Bright

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 1999, and to expire October 18, 2003:

At-Large:

Cynthia V. Brown, 202 Kennedy Drive, Mullins, S.C. 29574 VICE Kathryn Kling Wade

Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1997, and to expire June 30, 2001:

At-Large:

Jerry Leo Finney, The Finney Firm, 1110 Woodrow Street, Columbia, S.C. 29205 VICE Frank Mauldin

Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1997, and to expire June 30, 2001:

5th Congressional District:

Betty Davis Gilliam, 805 Clinton Ave., Lancaster, S.C. 29720 VICE James E. Crawford

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

2nd Congressional District:

Susan Davis Bowers, 500 Tram Rd., Columbia, S.C. 29210 VICE Pelham F. Moss

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 1997, and to expire July 27, 2000:

2nd Congressional District:

Thomas C. Barnwell, P. O. Box 21057, Hilton Head, S.C. 29925 VICE Sandra S. Corbitt

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2000, and to


Printed Page 1120 . . . . . Thursday, March 2, 2000

expire July 27, 2003:

2nd Congressional District:

Thomas C. Barnwell, P. O. Box 21057, Hilton Head, S.C. 29925

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 1999, and to expire July 27, 2002:

4th Congressional District:

Elizabeth Carroll Belenchia, 1340 Pinecrest Road, Spartanburg, S.C. 29302 VICE Gary S. Thompson, Jr.

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001:

At-Large:

P. Keith Waring, 1962 Ashley Hall Road, Charleston, S.C. 29407 VICE Clarence Davis (resigned)

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 1998, and to expire August 15, 2002:

At-Large:

Danny Joe Rawls, 332 Driftwood Dr., Greenville, S.C. 29673 VICE Luther C. Boliek

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

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

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 1999, and to expire June 30, 2003:


Printed Page 1121 . . . . . Thursday, March 2, 2000

3rd Congressional District:

Alvin B. Roberts, A. B. Roberts Construction Co., Inc., 1234 Railroad Street, Anderson, S.C. VICE Eugene G. Beckman, III

Initial Appointment, South Carolina Real Estate Commission, with term to commence June 30, 1998, and to expire June 30, 2002:

Public:

Daniel J. Ballou, 242 College Ave., Rock Hill, S.C. 29730 VICE Gerald S. Tompkins, Jr.

Initial Appointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1997, and to expire May 31, 2000:

Residential Appraisers - Gen.:

Peggy Cox, Cox and Assoc. Real Estate Appraisals, 710 East Mullins Street, Marion, S.C. 29571 VICE John M. Little, III

Reappointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 2000, and to expire May 31, 2003:

Residential Appraisers - Gen.:

Peggy Cox, Cox and Assoc. Real Estate Appraisals, 710 East Mullins St., Marion, S.C. 29571

Initial Appointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:

General Public:

Karen Jean Settana, 3409 Monroe St., Columbia, S.C. 29205

Reappointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002:

General Public:

Karen Jean Settana, 3409 Monroe St., Columbia, S.C. 29205

Local Appointments

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Sammy Joe Buchanan, Sr., 230 Jenkins Circle, Townville, S.C. 29689 VICE Thomas H. Williams

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

Nicole McBrayer Amos, 4324 Dye Road, Edgemoor, S.C. 29712


Printed Page 1122 . . . . . Thursday, March 2, 2000

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

Martha F. Love-Gregory, P.O. Box 181, Chester, S.C. 29706

MOTION ADOPTED
Sense of the Senate

Senator DRUMMOND moved that it be the Sense of the Senate that when the Senate is in session, those members who have personal telephones are respectfully requested to refrain from accepting calls or allowing the telephone to ring on the Senate Floor. Members are requested to retire to the Ante-Chamber, the Senate Cloak Room or some other area away from the floor when using these devices.

The motion was adopted.

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns on Friday, March 3, 2000, it stand adjourned to meet next Tuesday, March 7, 2000, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:49 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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