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


Printed Page 3494 . . . . . Wednesday, May 24, 2000

Wednesday, May 24, 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, again hear words from the wise man of old, Proverbs 3:6-8 in the paraphrase:

"In everything you do, put God first, and He will direct you

and crown your efforts with success. Don't be conceited, sure

of your own wisdom. Instead, trust and reverence the Lord,

and turn your back on evil; when you do that, then you will

be given renewed health and vitality."
Let us pray.

Our Father, we like to claim Your promises, but we wince at Your conditions upon which You make Your promises to us.

The old wise man warns us, "In everything that you do PUT GOD FIRST!" That's TOUGH in politics, Lord!

So, we change our prayer and beseech You to give us such spiritual motivations as will enable us to pray for Your mercy, Your grace... and success in our labors!
Amen.

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

MESSAGE FROM THE GOVERNOR

May 23, 2000

The Honorable Frank B. Caggiano
Clerk of the Senate
The Senate of South Carolina
P. O. Box 142
Columbia, South Carolina 29202

Re: Sheriff Kelvin Washington

Board of Directors of the DARE Fund


Printed Page 3495 . . . . . Wednesday, May 24, 2000

Dear Mr. Caggiano:

Please accept this letter as formal notice that the appointment of the above candidate is hereby withdrawn. I will forward the name of a new appointment as soon as possible. If you have any questions, please feel free to contact my office at 734-9405.

Sincerely,

/s/ Jim Hodges

Withdrawal of Statewide Appointment

Initial Appointment, Board of Directors of the DARE Fund, with term to commence August 8, 1997, and to expire June 30, 2001:

Sheriff:

Sheriff Kelvin Washington, Williamsburg County Sheriff's Office, Post Office Box 179, Kingstree, S.C. 29556

Appointment Withdrawn

On motion of Senator HOLLAND, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Reappointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1999, and to expire April 24, 2003:

North Charleston:

James M. Deaton, 4292 Club Course Drive, North Charleston, S.C. 29420

Reappointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1999, and to expire April 24, 2003:

North Charleston:

Lonnie Hamilton III, 4304 Waterview Circle, North Charleston, S.C. 29418


Printed Page 3496 . . . . . Wednesday, May 24, 2000

Doctor of the Day

Senator GIESE introduced Dr. Mohammed Yousufuddin of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator ANDERSON, at 11:05 A.M., Senator JACKSON was granted a leave of absence for today.

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

RECALLED FROM COMMITTEE
NONCONCURRENCE IN HOUSE AMENDMENTS

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


Printed Page 3497 . . . . . Wednesday, May 24, 2000

AND PARDON SERVICES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE; TO AMEND SECTION 17-3-310, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, TO HAVE SIX MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION, AND THE SOUTH CAROLINA BAR ASSOCIATION AND TO HAVE ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000; TO AMEND SECTION 20-7-8325, RELATING TO A JUVENILE'S CONDITIONAL AFTERCARE RELEASE FROM A JUVENILE CORRECTIONAL FACILITY, SO AS TO PROVIDE THAT AN AFTERCARE COUNSELOR, IF TRAINED AS A LAW ENFORCEMENT OFFICER, HAS THE POWER TO ARREST THE JUVENILE FOR VIOLATING CONDITIONS OF THE RELEASE; AND TO AMEND SECTION 20-7-8335, RELATING TO THE QUALIFICATIONS AND DUTIES OF PROBATION COUNSELORS FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A PROBATION COUNSELOR TRAINED AS A LAW ENFORCEMENT OFFICER HAS THE POWER TO ISSUE WARRANTS, TO ARREST, AND TO EXECUTE PROCESS, AND TO PROVIDE THAT IN THE PERFORMANCE OF THEIR DUTIES, PROBATION COUNSELORS ARE REGARDED AS REPRESENTATIVES OF THE COURT, DEPARTMENT OF JUVENILE JUSTICE, AND THE JUVENILE PAROLE BOARD.

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

There was no objection.

The Bill was recalled from the Committee on Judiciary.


Printed Page 3498 . . . . . Wednesday, May 24, 2000

Senator HOLLAND 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 with the House amendments.

Senator HOLLAND asked unanimous consent to nonconcur in the House amendments.

There was no objection.

A message was sent to the House accordingly.

RECALLED

H. 4358 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 1; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.


Printed Page 3499 . . . . . Wednesday, May 24, 2000

RECALLED

H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

Senator RANKIN explained the Bill.

The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1403 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO ESTABLISH AN ENVIRONMENTAL QUALITY AND ECONOMIC GROWTH TASK FORCE, TO PROVIDE FOR ITS MEMBERSHIP AND THE ISSUES IT WILL STUDY, AND TO REQUIRE THE TASK FORCE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY APRIL 1, 2001, AT WHICH TIME THE TASK FORCE SHALL BE ABOLISHED.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1404 (Word version) -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-65 SO AS TO DECLARE THE MONTH OF OCTOBER EACH


Printed Page 3500 . . . . . Wednesday, May 24, 2000

YEAR AS EUROPEAN-AMERICAN HISTORY MONTH AND TO PROVIDE THAT THE SEVERAL SCHOOLS OF THIS STATE AS A PART OF THEIR REGULAR CURRICULUM DURING THIS MONTH SHALL EXAMINE THE INGENUITY, CREATIVITY, CULTURAL, AND POLITICAL EXPERIENCES OF THOSE INDIVIDUALS FROM EUROPE AND OF EUROPEAN DESCENT AND THEIR CONTRIBUTIONS TO ESTABLISHMENT AND DEVELOPMENT OF THE CULTURAL, POLITICAL, AND ECONOMIC INSTITUTIONS OF THE UNITED STATES.
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Read the first time and referred to the Committee on Education.

S. 1405 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS GIRLS SOFTBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE SOFTBALL CHAMPIONSHIP.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1406 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS BOYS BASEBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE BASEBALL CHAMPIONSHIP.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.

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

H. 5095 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO OPTIONAL STATE SUPPLEMENTATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2503, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 3501 . . . . . Wednesday, May 24, 2000

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

H. 5097 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, PRE-EXAMINATION AND LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5097 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, PRE-EXAMINATION AND LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5101 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED NINETY-SIX THOUSAND NINE HUNDRED AND SEVENTEEN DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.

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


Printed Page 3502 . . . . . Wednesday, May 24, 2000

H. 5101--Recalled

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

There was no objection.

The Joint Resolution was recalled, ordered placed on the Calendar for consideration tomorrow.

H. 5101--Ordered to a Second and Third Reading

On motion of Senator LEATHERMAN, with unanimous consent, H. 5101 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5102 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED AND FORTY-FOUR DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN HORRY COUNTY.

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

H. 5102--Recalled

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

There was no objection.

The Joint Resolution was recalled, ordered placed on the Calendar for consideration tomorrow.

H. 5102--Ordered to a Second and Third Reading

On motion of Senator LEATHERMAN, with unanimous consent, H. 5101 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5106 (Word version) -- Reps. Harrison, D. Smith, Knotts, Altman, Campsen, Cotty, Delleney, Easterday, Fleming, Govan, Harris, Hawkins, Jennings, Klauber, Lucas, Maddox, McGee, W. McLeod, Scott, Seithel,


Printed Page 3503 . . . . . Wednesday, May 24, 2000

Simrill, F. Smith, J. Smith, Taylor and Whipper: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF JULY 23-29, 2000, AS "SOUTH CAROLINA PROBATION AND PAROLE OFFICERS WEEK", TO RECOGNIZE THE MANY CONTRIBUTIONS MADE BY PROBATION AND PAROLE OFFICERS TO INSURE THE SAFETY OF THE CITIZENS OF THE STATE AND TO INCREASE THE PUBLIC'S AWARENESS THAT THE AGENTS AND OFFICERS OF THIS DEPARTMENT ARE AN INTEGRAL PART OF THE OVERALL CRIMINAL JUSTICE SYSTEM IN THE STATE.

Read the first time and referred to the Committee on Corrections and Penology.

H. 5109 (Word version) -- Reps. J. Smith and Miller: A CONCURRENT RESOLUTION TO RECOGNIZE THE HUNDREDS OF TEEN PREGNANCY PREVENTION PROFESSIONALS AND ADVOCATES FOR THEIR TIRELESS WORK IN REDUCING THE INCIDENCE OF TEEN PREGNANCY IN SOUTH CAROLINA, AND TO EXPRESS SUPPORT OF THESE INDIVIDUALS AND OTHERS IN THEIR FIGHT TO FURTHER REDUCE THE NUMBER OF TEEN PREGNANCIES IN OUR FINE STATE.

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

H. 5111 (Word version) -- Reps. M. McLeod and Harvin: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE WILSON HALL "BARONS" VARSITY BASEBALL TEAM FOR AN OUTSTANDING SEASON AND ON CAPTURING THE 2000 SCISAA 3A STATE BASEBALL CHAMPIONSHIP.

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

H. 5113 (Word version) -- Reps. Lucas and Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE AARON ARD OF DARLINGTON ON RECEIVING HIS DOCTORATE IN STATISTICS FROM CORNELL UNIVERSITY, ITHACA, NEW YORK, AND TO COMMEND HIM FOR ACHIEVING THIS ACADEMIC PINNACLE THROUGH PERSEVERANCE AND HARD WORK DESPITE FACING ADVERSE SITUATIONS


Printed Page 3504 . . . . . Wednesday, May 24, 2000

WHICH MIGHT HAVE DAUNTED A LESS DETERMINED PERSON.

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

H. 5127 (Word version) -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE MRS. HARRIETT CARLOS BREVARD OF KERSHAW COUNTY, ON THE OCCASION OF HER RETIREMENT AS AN EDUCATOR AND PRINCIPAL IN THE PUBLIC SCHOOL SYSTEM OF KERSHAW COUNTY, AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEES

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

S. 1198 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-415 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO BE RESPONSIBLE FOR FUNDING EACH COUNTY SHERIFF'S SITE PREPARATION AND MAINTENANCE COSTS AS PART OF A STATEWIDE COMPUTERIZED SEX OFFENDER REGISTRY NETWORK.

Ordered for consideration tomorrow.

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

S. 1386 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING SATISFACTION, SO AS TO INCLUDE CERTAIN FULL-TIME JUDGES IN THE DEFINITION OF LICENSED ATTORNEY.

Ordered for consideration tomorrow.

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

H. 3553 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE


Printed Page 3505 . . . . . Wednesday, May 24, 2000

PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.

Ordered for consideration tomorrow.

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

H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.

Ordered for consideration tomorrow.

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

H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT


Printed Page 3506 . . . . . Wednesday, May 24, 2000

AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.

Ordered for consideration tomorrow.

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

H. 4311 (Word version) -- Reps. Sandifer and Emory: A BILL TO AMEND SECTIONS 36-9-301 AND 36-9-312, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN COLLATERAL OTHER THAN INVENTORY, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.

Ordered for consideration tomorrow.

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

H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PERMIT CRIMINAL PROSECUTION UNDER APPLICABLE LAWS OR LOCAL ORDINANCES OF PERSONS KNOWINGLY DOWNLOADING PORNOGRAPHY FROM COMPUTERS IN THESE LIBRARIES; AND TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM TO INSTALL AND ASSESS THE FEASIBILITY OF INSTALLING


Printed Page 3507 . . . . . Wednesday, May 24, 2000

INTERNET FILTERING SOFTWARE IN THESE LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE THE ABILITY OF THEIR COMPUTERS TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM SHALL BE OPERATED.

Ordered for consideration tomorrow.

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

H. 4526 (Word version) -- Reps. Campsen, Quinn, Taylor, McGee, Altman, Barrett, Easterday, Hamilton, Harrell, Haskins, Leach, Meacham-Richardson, Rice, Robinson, Sandifer, Simrill, F. Smith, Tripp, Trotter, Wilkins, Woodrum and Loftis: A BILL TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.

Ordered for consideration tomorrow.

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

H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD


Printed Page 3508 . . . . . Wednesday, May 24, 2000

STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry polled out H. 4881 favorable:

H. 4881 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-5-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP TRAWLS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HAVE ON BOARD OR TO TRAWL WITH ANY TRAWL HAVING A TOTAL FOOT ROPE LENGTH GREATER THAN TWO HUNDRED TWENTY FEET, TO PROVIDE FOR CERTAIN EXCEPTIONS, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS SECTION.

Poll of the Fish, Game and Forestry Committee
Polled 15; Ayes 15; Nays 0; Not Voting 3

AYES

Peeler                    Drummond                  Holland
Land                      McGill                    Passailaigue
Elliott                   Gregory                   Waldrep
Giese                     Ravenel                   Branton
Grooms                    Mescher                   Richardson

TOTAL--15

NAYS

TOTAL--0


Printed Page 3509 . . . . . Wednesday, May 24, 2000

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 23, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
asks for a Committee of Conference, and has appointed Reps. Harrell, Kelley and Quinn to the committee on the part of the House.

Very respectfully,
Speaker of the House

Received as information.

H. 4776--CONFERENCE COMMITTEE APPOINTED

H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.

Whereupon, the PRESIDENT Pro Tempore appointed Senators LAND, SETZLER and MOORE to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

NONCONCURRENCE

H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF


Printed Page 3510 . . . . . Wednesday, May 24, 2000

SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES; TO AMEND SECTION 20-7-7810, RELATING TO THE COMMITMENT OF JUVENILES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH A JUVENILE MAY BE COMMITTED TO AN EVALUATION CENTER AND TO PROVIDE FOR THE COURT ORDER'S CONTENTS PURSUANT TO THIS SUBSECTION. TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.

The House returned the Bill with amendments.


Printed Page 3511 . . . . . Wednesday, May 24, 2000

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

HOUSE CONCURRENCE

S. 1397 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND MRS. ELSIE BENNETT WILSON FOR HER THIRTY-SEVEN YEARS OF LOYAL AND DISTINGUISHED SERVICE TO CLEMSON UNIVERSITY ON THE OCCASION OF HER RETIREMENT.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1398 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO HONOR THE TOWN OF WALHALLA IN OCONEE COUNTY ON THE OCCASION OF THE SESQUICENTENNIAL ANNIVERSARY OF ITS FOUNDING AND TO REQUEST THE HEIRS OF GENERAL JOHN ANDREAS WAGENER, THE TOWN'S FOUNDER, TO ALLOW HIS REMAINS TO BE MOVED TO A PLACE OF HONOR IN THE TOWN OF WALHALLA, WHERE HE DIED AND WAS ORIGINALLY BURIED IN 1876.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1399 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND MR. GARY LEE TURNER OF THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR HIS EXEMPLARY CAREER IN PUBLIC SERVICE, TO EXPRESS THE MEMBERS' PROFOUND RESPECT AND ADMIRATION FOR HIS INTEGRITY, HONESTY, AND DEVOTION TO THE STATE OF SOUTH CAROLINA, TO EXPRESS THEIR FEELING THAT HE WILL BE SORELY MISSED BY THE GENERAL ASSEMBLY FOLLOWING HIS RETIREMENT AT THE END OF THE 2000 LEGISLATIVE SESSION, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.


Printed Page 3512 . . . . . Wednesday, May 24, 2000

HOUSE CONCURRENCE

S. 1400 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE ROCK HILL HIGH SCHOOL "BEARCAT" WRESTLING TEAM, ITS LEGENDARY HEAD COACH, JIM BARNES, HIS ASSISTANT COACHES, AND STAFF ON WINNING THE 2000 CLASS AAAA STATE WRESTLING CHAMPIONSHIP, AND FOR ESTABLISHING A WINNING TRADITION THAT SPANS OVER THE PAST TWENTY-FIVE SEASONS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1401 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION RECOGNIZING PICKENS MIDDLE SCHOOL FOR ITS OUTSTANDING SCHOOL YEAR AND CONGRATULATING THE SCHOOL FOR EARNING THE PRESTIGIOUS BLUE RIBBON SCHOOL OF EXCELLENCE AWARD, THE HIGHEST AWARD BESTOWED BY THE UNITED STATES DEPARTMENT OF EDUCATION.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1405 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS GIRLS SOFTBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE SOFTBALL CHAMPIONSHIP.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1406 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS BOYS BASEBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE BASEBALL CHAMPIONSHIP.

Returned with concurrence.

Received as information.

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


Printed Page 3513 . . . . . Wednesday, May 24, 2000

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution 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. 4927 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4205 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-101-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEANS' COMMITTEE ON MEDICAL DOCTOR EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE DEANS' COMMITTEE ON MEDICAL EDUCATION, TO REVISE THE MEMBERSHIP OF THE COMMITTEE, THE MANNER IN WHICH THE CHAIRMAN IS SELECTED, AND THE FUNCTIONS OF THE COMMITTEE.

H. 5047 (Word version) -- Reps. Parks, Carnell and Klauber: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO RENUMBER THE PRECINCTS AND CHANGE THE MAP NUMBER ON WHICH THE PRECINCTS ARE DESIGNATED.

H. 4685 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR


Printed Page 3514 . . . . . Wednesday, May 24, 2000

ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.

Senator J. VERNE SMITH explained the Bill.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3341 (Word version) -- Reps. Cato and Mason: A BILL TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION RIGHTS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO SPECIFY THE SUBROGATION RIGHTS AND PROCEDURES THAT MUST BE FOLLOWED BY THESE ORGANIZATIONS.

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

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

There was no objection.

H. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND


Printed Page 3515 . . . . . Wednesday, May 24, 2000

HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 1131 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION AT LAW AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS' COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS, AND TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION HAS JURISDICTION IN SUCH CASES TO APPROVE SETTLEMENTS AND ATTORNEY'S FEES IN CONNECTION WITH CLAIMS AND ACTIONS AGAINST THIRD PARTIES.

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


Printed Page 3516 . . . . . Wednesday, May 24, 2000

NATIONAL WORLD WAR II MEMORIAL ON THE MALL IN WASHINGTON, D.C.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

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

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

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

Senator RAVENEL argued contra to the second reading of the Bill.

Senator HOLLAND spoke on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, 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.


Printed Page 3517 . . . . . Wednesday, May 24, 2000

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

H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (4295R001.HSP), which was adopted:

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

/   SECTION   1.   Section 50-21-133 of the 1976 Code, as added by Act 124 of 1999, is amended to read:

"Section 50-21-133.   (A)   There is established a no wake zone to begin at Nautical Day Marker Number 125 at Cove Inlet running to a line perpendicular to the westernmost tip of Sullivan's Island where the Intracoastal Waterway joins the Charleston Harbor. These boundaries must be clearly marked by signs. The signs must be designed and installed as specified by the department.

(B)   There is established a no wake zone to begin one hundred yards on either side of a dock or pier at Cherokee Plantation on the Combahee River in Colleton County. These boundaries must be clearly marked by signs. The signs must be designed and installed as specified by the department.

(C)   A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both. For a second or subsequent offense, the punishment is a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both as provided in Section 50-21-150."

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

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.


Printed Page 3518 . . . . . Wednesday, May 24, 2000

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 with notice of general amendments.

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

H. 4748 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-20-30, AS AMENDED, RELATING TO STAMPS AND PERMITS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A PERMIT FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-20-50, AS AMENDED, RELATING TO THE SALE OF STAMPS AND PERMITS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND SECTION 50-20-70, AS AMENDED, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING LICENSES OF OTHER COASTAL STATES, SO AS TO DELETE LANGUAGE RELATING TO STAMPS; TO AMEND SECTION 50-20-80, AS AMENDED, RELATING TO SALE OF COMMEMORATIVE STAMPS, SO AS


Printed Page 3519 . . . . . Wednesday, May 24, 2000

TO DELETE CERTAIN OBSOLETE LANGUAGE; TO AMEND SECTION 50-20-100, AS AMENDED, RELATING TO SPECIAL ACCOUNTS FOR FUNDS FROM THE SALE OF STAMPS, PERMITS, AND PRINTS, SO AS TO INCLUDE THE SALE OF LICENSES; AND TO AMEND SECTION 50-20-110, AS AMENDED, RELATING TO THE MARINE RECREATIONAL FISHERIES ADVISORY BOARD SO AS TO INCLUDE LICENSES WITHIN THE SOURCE OF FUNDS FROM WHICH THE BOARD'S EXPENSES ARE PAID.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (4748R001.HSP), which was adopted:

Amend the bill, as and if amended, page 7, by striking SECTION 12 and inserting the following:

/   SECTION   12.   This act takes effect July 2, 2000.   /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILLS

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

H. 4970 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ACQUIRE SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO SCHOOL DISTRICT OPERATIONS, AND TO ALLOW THIS ACQUISITION BY MEANS OF A LEASE PURCHASE AGREEMENT.


Printed Page 3520 . . . . . Wednesday, May 24, 2000

H. 4970--Ordered to a Third Reading

On motion of Senator ELLIOTT, H. 4970 was ordered to receive a third reading on Thursday, May 25, 2000.

H. 5063 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, AND ENDING JUNE 30, 2001.

H. 5063--Ordered to a Third Reading

On motion of Senator ELLIOTT, H. 5063 was ordered to receive a third reading on Thursday, May 25, 2000.

H. 5070 (Word version) -- Reps. Emory and J.M. Neal: A BILL TO TRANSFER THE DUTIES OF THE REGISTER OF DEEDS PERFORMED BY THE CLERK OF COURT FOR LANCASTER COUNTY TO THE RECORDS MANAGEMENT DIRECTOR OF LANCASTER COUNTY.

H. 5070--Ordered to a Third Reading

On motion of Senator GREGORY, H. 5070 was ordered to receive a third reading on Thursday, May 25, 2000.

H. 5080 (Word version) -- Rep. Sheheen: A BILL TO PROVIDE THAT THE CAMDEN HISTORICAL COMMISSION OF KERSHAW COUNTY IS AUTHORIZED TO DEED ITS PROPERTIES TO THE CAMDEN DISTRICT HERITAGE FOUNDATION; TO INSTRUCT THE CLERK OF COURT OF KERSHAW COUNTY TO ENTER IN THE REAL ESTATE INDEX THE CHANGE OF OWNERSHIP OF THE COMMISSION'S PROPERTIES; TO ABOLISH THE CAMDEN HISTORICAL COMMISSION AND DEVOLVE ITS POWERS, DUTIES AND RESPONSIBILITIES UPON THE CAMDEN DISTRICT HERITAGE FOUNDATION AND TO REPEAL ACT 308 OF 1969, AS AMENDED, RELATING TO THE CAMDEN HISTORICAL COMMISSION, ALL ON JUNE 30, 2000.

By prior motion of Senator HOLLAND

H. 3475 (Word version) -- Reps. Limehouse, Cotty, Knotts, Lucas, W. McLeod, Meacham-Richardson, Rhoad, Sharpe, Trotter and Whipper: A BILL TO AMEND ARTICLE 5, CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL


Printed Page 3521 . . . . . Wednesday, May 24, 2000

FISHERIES LAWS IN CONNECTION WITH FINFISH AND CRUSTACEANS, BY ADDING SECTION 50-17-550 SO AS TO ESTABLISH LIMITS ON TAKING DOLPHIN GAME FISH, CORYPHAENA HIPPARUS, ALSO KNOWN AS DORADO OR MAHIMAHI, AND TO PROHIBIT THE HARVEST OR POSSESSION OF THE AQUATIC "GRASS" SARGASSUM, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Senator PEELER explained the Bill.

H. 3475--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, with unanimous consent, H. 3475 was ordered to receive a third reading on Thursday, May 25, 2000.

AMENDED, READ THE SECOND TIME

S. 1402 (Word version) -- Senator Branton: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.

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

Senator BRANTON proposed the following amendment (1402R001.WSB), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 41 and 42 and inserting the following:

/   elected and qualify. Vacancies on the board must be filled by appointment of the county legislative delegation upon a majority vote of the members of the House of Representatives and a majority of the Senators that represent Dorchester County
until the next /

Amend the bill further, as and if amended, page 2, by striking lines 32 through 34 and inserting the following:

/   eighty days or less before the general election, the members of the legislative delegation representing the district shall fill the vacancy must be filled by appointment upon a majority vote of the members of


Printed Page 3522 . . . . . Wednesday, May 24, 2000

the House of Representatives and a majority of the Senators that representing Dorchester County. All persons person desiring to qualify as candidates and be       /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 1402--Ordered to a Third Reading

On motion of Senator BRANTON, S. 1402 was ordered to receive a third reading on Thursday, May 25, 2000.

CARRIED OVER

H. 4617 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

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

CARRIED OVER

S. 1388 (Word version) -- Senators Grooms, Mescher, McGill and Branton: A CONCURRENT RESOLUTION MEMORIALIZING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.


Printed Page 3523 . . . . . Wednesday, May 24, 2000

On motion of Senator RYBERG, the Concurrent Resolution was carried over.

AMENDED, 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 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 third reading of the Bill.

Senator McCONNELL proposed the following amendment (415R003.GFM), which was adopted:

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

/   SECTION   ___.   Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-6545.   Evidence of the violation of this section may be admissible in a civil suit to be considered by the jury or judge on the issue of the comparative negligence of the violator."   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

On motion of Senator LAND, the Bill was carried over, as amended.


Printed Page 3524 . . . . . Wednesday, May 24, 2000

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. 1247 (Word version) -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, WHOSE CURRENT TERMS EXPIRE AUGUST 31, 2000.

Election of Two Successors to the
Consumer Affairs Commission

The PRESIDENT announced that nominations were in order to elect successors to two positions on the Consumer Affairs Commission.

Senator MATTHEWS announced that Mr. Lonnie Randolph, Jr., Ms. Barbara B. League and Mr. James J. Raman had been screened and found qualified to serve.

On motion of Senator MATTHEWS, the names of Mr. Lonnie Randolph, Jr., Ms. Barbara B. League and Mr. James J. Raman were placed 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. Randolph:

Alexander              Anderson               Bryan
Courson                Drummond               Elliott
Ford                   Giese                  Glover
Grooms                 Hayes                  Holland
Hutto                  Land                   Leatherman
Leventis               Matthews               McGill
Moore                  O'Dell                 Passailaigue
Patterson              Rankin                 Reese
Saleeby                Short                  Smith, J. Verne
Waldrep                Washington

Total--29


Printed Page 3525 . . . . . Wednesday, May 24, 2000

The following named Senators voted for Ms. League:

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

Total--41

The following named Senators voted for Mr. Raman:

Bauer                  Branton                Martin
McConnell              Mescher                Peeler
Ravenel                Reese                  Richardson
Russell                Ryberg                 Thomas
Wilson

Total--13

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

The following named Representatives voted for Mr. Randolph:

Allen                  Bailey                 Bales
Barfield               Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Carnell
Clyburn                Cobb-Hunter            Emory
Fleming                Gamble                 Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Kennedy                Lanford                Lee

Printed Page 3526 . . . . . Wednesday, May 24, 2000

Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith, F.
Smith, J.              Stuart                 Whipper
Wilder                 Wilkes                 Witherspoon

Total--57

The following named Representatives voted for Ms. League:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Brown, G.              Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hayes
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McMahand
Meacham-Richardson     Miller                 Neal, J.M.
Ott                    Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, F.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker

Printed Page 3527 . . . . . Wednesday, May 24, 2000

Whatley                Wilkes                 Wilkins
Witherspoon            Young-Brickell

Total--89

The following named Representatives voted for Mr. Raman:

Allison                Altman                 Barrett
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Martin
McCraw                 McGee                  McKay
McLeod, W.             Meacham-Richardson     Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Whatley
Wilder                 Wilkins                Woodrum
Young-Brickell

Total--64

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   115
Grand Total   157
Necessary to a choice   79
Of which Mr. Randolph received   86
Of which Ms. League received   130
Of which Mr. Raman received   77


Printed Page 3528 . . . . . Wednesday, May 24, 2000

Whereupon, the PRESIDENT announced that the Honorable Lonnie Randolph, Jr. and the Honorable Barbara B. League were elected to the two positions on the Consumer Affairs Commission for the terms prescribed by law.

Election to the Position of
Judge, Circuit Court, 5th Judicial Circuit, Seat #3

Subsequent to the election of Commissioners to the Consumer Affairs Commission, the PRESIDENT announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 1286 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF COMMISSIONERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 5th Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Screening Committee, indicated that the Honorable Ralph King "Tripp" Anderson, III, Mr. G. Thomas Cooper, Jr. and Mr. Grady L. "Leck" Patterson, III had been screened and found qualified to serve.

On motion of Representative Delleney, the names of the Honorable Ralph King "Tripp" Anderson, III and Mr. Grady L. "Leck" Patterson, III were withdrawn from consideration.

Representative Delleney placed the name of Mr. G. Thomas Cooper, Jr. in nomination.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable G. Thomas Cooper, Jr. was elected to the position of Judge, 5th Judicial Circuit, Seat #3 for the term prescribed by law.


Printed Page 3529 . . . . . Wednesday, May 24, 2000

Election to the Position of
Judge, Circuit Court, At-Large, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #3.

Representative Delleney, Chairman of the Judicial Screening Committee, indicated that Ms. Lisa G. Collins, Mr. Edward W. "Ned" Miller and Mr. Clifton Newman had been screened and found qualified to serve.

On motion of Representative Delleney, the names of Ms. Lisa G. Collins and Mr. Edward W. "Ned" Miller were withdrawn from consideration.

On motion of Representative Delleney, the name of Mr. Clifton Newman was placed in nomination.

Representative Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Clifton Newman was elected to the position of Judge, Circuit Court, At-Large, Seat #3 for the term prescribed by law.

Election to the Old Exchange Building Commission

Subsequent to the judicial elections, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 1392 (Word version) -- Senator Leventis: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE CONSUMER AFFAIRS COMMISSION AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SUCCEED THE HONORABLE JAMES M. EAVES WHO HAS RESIGNED DUE TO FAMILY HEALTH REASONS.

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Old Exchange Building Commission.

On motion of Senator LEVENTIS, with unanimous consent, the Concurrent Resolution was amended to include an election for three positions on the Old Exchange Building Commission.

Senator LEVENTIS indicated that Mrs. Louise Burgdorf of Springfield, S.C., Captain John S. Coussons of Charleston, S.C., and


Printed Page 3530 . . . . . Wednesday, May 24, 2000

Ms. Retta Sanders of Sumter, S.C., had been screened and found qualified to serve.

On motion of Senator LEVENTIS, the names of Mrs. Louise Burgdorf, Captain John S. Coussons and Ms. Retta Sanders were placed in nomination.

Senator LEVENTIS moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that the Honorable Louise Burgdorf, the Honorable John S. Coussons and the Honorable Retta Sanders were elected to three positions on the Old Exchange Building Commission for the terms prescribed by law.

Election to the Legislative Audit Council

Subsequent to the election to the Old Exchange Building Commission, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 1379 (Word version) -- Senators Peeler, Wilson and Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO THE MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED MAY 9, 1999.

The PRESIDENT announced that nominations were in order to elect a successor to the position on the Legislative Audit Council.

Representative Limehouse indicated that Ms. Nancy Hawk had been screened and found qualified to serve.

On motion of Representative Limehouse, the name of Ms. Nancy Hawk was placed in nomination.

Representative Limehouse moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 3531 . . . . . Wednesday, May 24, 2000

Whereupon, the PRESIDENT announced that the Honorable Nancy Hawk was elected to the position on the Legislative Audit Council 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.

At 12:34 P.M., the Senate resumed.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Charleston County Delegation, on motion of Senator McCONNELL, the following appointments were confirmed in open session:

Reappointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1999, and to expire April 24, 2003:

North Charleston:

James M. Deaton, 4292 Club Course Drive, North Charleston, S.C. 29420

Reappointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1999, and to expire April 24, 2003:

North Charleston:

Lonnie Hamilton III, 4304 Waterview Circle, North Charleston, S.C. 29418

MOTION ADOPTED

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. June Rabon Gregory of Columbia, S.C.


Printed Page 3532 . . . . . Wednesday, May 24, 2000

ADJOURNMENT

At 12:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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