Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a morning lesson from the Book of Job, Chapter 28 (v. 25ff), paraphrasing "The Living Bible":
"He (God) makes the winds blow and sets the boundaries of
the oceans. He makes the laws of the rain and a path for the
lightning. He knows where wisdom is and declares it to all
who will listen. He established it and examined it thoroughly.
And this is what He says to all mankind: 'Look, to fear the
Lord is true wisdom; to forsake evil is real understanding'."
Let us pray.
Father, we know that we are only pilgrims on the path of life.
That simplifies things for us. It teaches us that we should carry in our luggage and on our backs only the things that are needed on the trip.
Help us to get rid of all unnecessary anxiety and concern about unimportant matters. But teach us to address ourselves with all our hearts to the things that really matter, remembering those ancient words, "the fear of the Lord is wisdom, and departing evil is understanding."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
George F. Abernathy, 988 Iron Ore Rd., Spartanburg, S.C. 29303
The following were received and referred to the appropriate committees for consideration:
Document No. 2503
Agency: Department of Health and Human Services
SUBJECT: Optional State Supplementation Program
Received by Lieutenant Governor April 13, 2000
Referred to Finance Committee
Legislative Review Expiration August 11, 2000 (Subject to Sine Die Revision)
Document No. 2515
Agency: Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
SUBJECT: Community Residential Care Facilities. Pre-examination and Licensing Requirements
Received by Lieutenant Governor April 13, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration August 11, 2000 (Subject to Sine Die Revision)
The following was received:
Document No. 2481
Agency: Department of Education
SUBJECT: Operation of Public Pupil Transportation Services
Received by Lieutenant Governor January 31, 2000
Referred to the Education Committee
Legislative Review Expiration May 30, 2000
Revised June 2, 2000
House Education and Public Works Requested Withdrawal
April 10, 2000
120 Day Period Tolled
Withdrawn and Resubmitted April 13, 2000
Senators SETZLER and WILSON introduced Dr. David J. Gatti of Columbia, S.C., Doctor of the Day.
At 12:50 P.M., Senator MARTIN requested a leave of absence beginning at 4:00 P.M. and lasting until midnight.
At 12:55 P.M., Senator RYBERG requested a leave of absence beginning at 4:00 P.M. and lasting until 10:00 A.M. on Friday, April 14, 2000.
S. 1263 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR DETERMINING THE FAIR MARKET VALUE OF A PHARMACEUTICAL COMPANY PROJECT WITH MORE THAN A FOUR HUNDRED MILLION DOLLAR INVESTMENT.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 4839 (Word version) -- Reps. Vaughn, Wilkins, Haskins, Cato, Easterday, Hamilton, Leach, Loftis, McMahand, Rice, F. Smith and Tripp: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE CERTAIN POLLING PLACES, AND DESIGNATE A MAP NUMBER ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Greenville County Delegation.
Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator J. VERNE SMITH proposed the following amendment (PT\2004DW00), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 5, at the end of line 13, after /./ by deleting /"/.
Amend further, SECTION 1, page 5, line 14, by adding a new subsection to read:
/ (C) Beginning January 1, 2001, the polling places for the precincts provided in subsection (A) must be established by the Greenville County Board of Voter Registration and the Greenville County Election Commission with the approval of a majority of the members of the Greenville County Legislative Delegation." /
Amend further, page 5, by striking SECTION 2 and inserting:
/ SECTION 2. The Code Commissioner is directed to delete all references to specific polling places in Section 7-7-280 of the 1976 Code when the 2000 Cumulative Supplement to the Code of Laws of South Carolina, 1976, is printed.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator J. VERNE SMITH, with unanimous consent, H. 4839 was ordered to receive a third reading on Friday, April 14, 2000.
The following were introduced:
S. 1333 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES, SO AS TO DISTINGUISH BETWEEN A TAX AND A PENALTY NOT ASSOCIATED WITH ASSESSMENT OF A TAX AND TO PROVIDE FOR THE DETERMINATION AND ASSESSMENT OF CERTAIN TAXES AND FOR A CLAIM FOR REFUND RESULTING FROM AN ADJUSTMENT BY THE INTERNAL REVENUE SERVICE BEFORE ONE HUNDRED EIGHTY DAYS OF NOTICE OF THE ADJUSTMENT TO THE DEPARTMENT.
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Read the first time and referred to the Committee on Finance.
S. 1334 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF STATE RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT A PURCHASE OF PERMISSIVE SERVICE CREDIT WITH FUNDS UNLAWFULLY OBTAINED FROM PUBLIC EMPLOYMENT SHALL CAUSE THOSE FUNDS TO BE FORFEITED AND TO PROVIDE FOR THE PROCEDURES FOR COLLECTION OF THOSE FUNDS.
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Read the first time and referred to the Committee on Finance.
S. 1335 (Word version) -- Senator Passailague: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO PROVIDE FOR SIGNATURE BY THE MANAGER OR AUTHORIZED GENERAL PARTNER OF A PARTNERSHIP RETURN AND FOR SIGNATURE BY AN AUTHORIZED OFFICER OR OWNER OF AN ENTITY OTHER THAN A CORPORATION, PARTNERSHIP, OR TRUST AND ESTATE, AND TO PROVIDE FOR OTHER AUTHORIZATIONS FOR SIGNING, INCLUDING FILING AND DEPOSITING SIGNATURES WITH AND KEEPING OR FORWARDING SIGNATURES BY A THIRD PARTY; BY ADDING SECTION 12-4-780 TO CHAPTER 4, TITLE 12 SO AS TO PROVIDE FOR PAYMENTS TO THE DEPARTMENT OF REVENUE BY CREDIT CARD; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO PERSONS AND ENTITIES REQUIRED TO MAKE A STATE INCOME TAX RETURN, SO AS TO INCLUDE AN INDIVIDUAL WHOSE FEDERAL FILING STATUS IS MARRIED, FILING SEPARATELY, AND WHOSE SPOUSE DOES NOT ITEMIZE DEDUCTIONS AMONG THOSE WHO MUST FILE IF THEY HAVE A GROSS INCOME OF A CERTAIN SUM, WITHOUT REGARD TO ANY REDUCTION FOR THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-8-550, RELATING TO WITHHOLDING OF PAYMENTS MADE TO A NONRESIDENT, SO AS TO EXEMPT PAYMENTS MADE ON PURCHASE ORDERS FOR TANGIBLE PERSONAL PROPERTY WHEN NOT ACCOMPANIED BY SERVICES PERFORMED IN THIS STATE; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING INCOME TAX BY THE BUYER OF REAL PROPERTY OR ASSOCIATED TANGIBLE PERSONAL PROPERTY FROM A NONRESIDENT SELLER, SO AS TO EXCLUDE THE SALE OF A PRINCIPAL RESIDENCE FROM THE DESCRIPTION OF A "SALE"; TO AMEND SECTION 12-10-35, AS AMENDED, RELATING TO MORATORIUM ON STATE CORPORATE INCOME TAXES FOR JOB CREATION, SO AS TO PROVIDE FOR CALCULATION OF THE STATE AVERAGE UNEMPLOYMENT RATE BASED ON THE TWO MOST RECENT CALENDAR YEARS OF AVAILABLE DATA INSTEAD OF THE LAST TWO COMPLETED CALENDAR YEARS; TO AMEND CHAPTER 6, TITLE 12, RELATING TO THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5095 SO AS TO PROVIDE FOR THE ROUNDING TO THE NEAREST WHOLE DOLLAR OF AMOUNTS OF FILED RETURNS; TO AMEND SECTION 12-36-550, RELATING TO THE DURATION OF VALIDITY OF A RETAIL SALES LICENSE, SO AS TO PROVIDE FOR DETERMINING IF A RETAILER IS CONTINUING IN THE SAME BUSINESS; TO AMEND SECTION 12-36-2670, RELATING TO ADMINISTRATION OF OATHS AND TAKING ACKNOWLEDGEMENTS IN CONNECTION WITH TAX RETURNS OR REPORTS, SO AS TO CHANGE REFERENCES FROM "COMMISSIONERS" AND "COMMISSION" TO "DIRECTOR" AND "DEPARTMENT"; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO DELETE CERTAIN EFFECTIVE DATES; TO AMEND SECTION 12-44-160, RELATING TO LIBERAL CONSTRUCTION OF CHAPTER 44, THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO PROVIDE FOR A PROCEDURE FOR QUALIFICATION OF ECONOMIC DEVELOPMENT PROPERTY FOR PAYMENT OF A FEE IN LIEU OF TAXES PURSUANT TO CHAPTER 12 OF TITLE 4 OR SECTION 4-29-67 IF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT IS DETERMINED TO BE UNCONSTITUTIONAL OR OTHERWISE ILLEGAL; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON LATE TAXES, SO AS TO PROVIDE FOR CALCULATION OF THE INTEREST AMOUNT DUE WHEN NO RETURN IS REQUIRED ON A CERTAIN DATE; TO AMEND SECTION 12-54-43, RELATING TO CIVIL PENALTIES AND DAMAGES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO DELETE THE MINIMUM PENALTY OF ONE HUNDRED DOLLARS OR ONE HUNDRED PERCENT OF THE TAX OWED AS PRESCRIBED FOR FAILURE TO FILE A RETURN FOR TAX WITHIN SIXTY DAYS; AND TO AMEND SECTION 12-54-100, RELATING TO EXAMINATION OF A TAXPAYER'S RECORDS, EQUIPMENT, AND LICENSES IN ENFORCEMENT OF THE STATE'S TAX LAWS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF REVENUE, OR HIS AGENT, HAS ACCESS TO THE TAXPAYER'S PLACE OF BUSINESS, TANGIBLE PERSONAL PROPERTY, FACILITIES, COMPUTERS, COMPUTER PROGRAMS, AND ELECTRONIC DATA IN ADDITION TO RECORDS, EQUIPMENT, AND LICENSES, TO REQUIRE THAT THE TAXPAYER FACILITATE THE EXAMINATION, AND TO ALLOW THE DIRECTOR TO USE REASONABLE AUDIT METHODS, INCLUDING SAMPLING; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTION OF DELINQUENT TAXES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO REFUND SERVICES FEES TO A COLLECTION AGENCY IF IT REMITS GROSS FUNDS AND TO CHANGE "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS AND FILINGS OF THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE OF INFORMATION FILED IN CONNECTION WITH THE ACCOMMODATIONS TAX AND THE TOURISM ADMISSIONS TAX; TO AMEND SECTION 12-60-3370, RELATING TO BOND REQUIREMENTS FOR APPEAL OF A DECISION PURSUANT TO THE REVENUE PROCEDURES ACT, SO AS TO DELETE THE REQUIREMENT THAT THE BOND COVER PENALTY AMOUNTS; TO AMEND SECTION 26-5-20, RELATING TO THE PURPOSES OF THE ELECTRONIC COMMERCE ACT, SO AS TO PROVIDE THAT A FURTHER PURPOSE OF THE ACT IS TO FACILITATE AND PROMOTE INTERSTATE AND INTERNATIONAL USE OF ELECTRONIC COMMERCE AND ONLINE GOVERNMENT; TO AMEND ARTICLE 3, CHAPTER 5 OF TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT AND ELECTRONIC SIGNATURES AND RECORDS, BY ADDING SECTION 26-5-370 SO AS TO PROVIDE THAT ELECTRONIC SIGNATURES OR RECORDS FROM OTHER JURISDICTIONS HAVING COMMENSURATE REQUIREMENTS AND WHICH GRANT RECIPROCAL RECOGNITION TO ELECTRONIC SIGNATURES OR RECORDS FROM SOUTH CAROLINA MUST BE AFFORDED THE SAME STATUS, EFFECT, VALIDITY, AND ENFORCEABILITY AS THOSE RECOGNIZED UNDER SOUTH CAROLINA'S ELECTRONIC COMMERCE ACT; TO AMEND CHAPTER 5, TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE APPLICABILITY OF THE COMPUTER CRIME ACT TO THE ELECTRONIC COMMERCE ACT; AND TO REPEAL SECTION 12-4-755 RELATING TO APPEAL OF A PROPERTY TAX EXEMPTION DENIAL.
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Read the first time and referred to the Committee on Finance.
S. 1336 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 6-11-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE FOR ESTABLISHING SPECIAL PURPOSE DISTRICTS FOR SEWAGE COLLECTION AND DISPOSAL, SO AS TO PROVIDE THAT THE COST OF CONSTRUCTING LATERAL COLLECTION LINES MAY BE ASSESSED AGAINST PROPERTIES DERIVING A PARTICULAR BENEFIT FROM THE LINES; TO AMEND SECTION 6-11-1220, RELATING TO DEFINITIONS, SO AS TO AMEND THE TERM "FRONT-FOOT ASSESSMENT" TO INCLUDE AN ASSESSMENT LEVIED ON A PER PARCEL OR PER UNIT BASIS; AND TO AMEND SECTION 6-11-1230, AS AMENDED, RELATING TO THE POWERS OF THE COMMISSION OR GOVERNING AGENCY OF THE SPECIAL PURPOSE DISTRICT, SO AS TO AUTHORIZE THE COMMISSION TO ASSESS LOTS OR PARCELS WHICH DERIVE A PARTICULAR BENEFIT FROM LATERAL COLLECTION LINES FOR THE COST OF THE LINES.
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Read the first time and referred to the Committee on Judiciary.
S. 1337 (Word version) -- Senators Passailaigue, McConnell, Courson, Moore, Short, Giese and Ravenel: A BILL TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO ESTABLISH THE SOUTH CAROLINA CIVIL WAR HERITAGE TRUST PROGRAM.
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Senator PASSAILAIGUE spoke on the Bill.
Read the first time and, on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.
S. 1338 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION CONGRATULATING MR. C. FREDRIC MARCINAK OF WALHALLA FOR BEING ELECTED BY ACCLAMATION AS GOVERNOR OF THE SOUTH CAROLINA STUDENT LEGISLATURE FOR 1999-2000 AND WISHING HIM WELL IN HIS TERM AS GOVERNOR AND IN ALL HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1339 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 59-39-115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH SEPTEMBER 1, 1946, UPON PRESENTATION OF THE APPROPRIATE DOCUMENTATION TO THE STATE DEPARTMENT OF EDUCATION.
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Read the first time and referred to the Committee on Education.
S. 1340 (Word version) -- Senators Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER FISHERMAN OR AS A WHOLESALE SEAFOOD DEALER MAY OBTAIN A SHRIMP BAITING LICENSE, AND 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT, NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1341 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.
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Read the first time and referred to the Committee on Judiciary.
S. 1342 (Word version) -- Senators Passailaigue and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75, SO AS TO PROVIDE FOR THE INTEREST OF A MANUFACTURER, BREWER, OR IMPORTER OF BEER LICENSED IN THIS STATE IN A LIMITED PARTNERSHIP FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE TO ACQUIRE A LICENSED BEER WHOLESALER.
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Read the first time and referred to the Committee on Judiciary.
H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, Meacham-Richardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
Read the first time and referred to the Committee on Finance.
H. 4260 (Word version) -- Rep. Hawkins: A HOUSE RESOLUTION CONGRATULATING WILSON CASEY OF SPARTANBURG ON BECOMING THE HOLDER OF TWO GUINNESS WORLD RECORDS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
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.
Read the first time and referred to the Committee on Fish, Game and Forestry.
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.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4571 (Word version) -- Reps. Ott and Knotts: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO REVISE THAT PORTION OF THE CONGAREE RIVER IN WHICH CERTAIN NONGAME FISHING DEVICES MAY BE USED AND TO PROVIDE FOR THE USE OF CERTAIN NONGAME FISHING DEVICES IN A PORTION OF THE CONGAREE RIVER.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4618 (Word version) -- Reps. Sharpe, Davenport and Wilkes: A BILL TO AMEND CHAPTER 57, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL AUDIT PRIVILEGES AND VOLUNTARY DISCLOSURE, SO AS TO PROVIDE THAT AN ENVIRONMENTAL AUDIT REPORT IS PRIVILEGED, IMMUNE FROM DISCOVERY, AND INADMISSIBLE IN CERTAIN CIVIL OR ADMINISTRATIVE PENALTY ACTIONS AND THAT NO PRIVILEGE APPLIES IN CRIMINAL INVESTIGATIONS OR PROCEEDINGS; TO CLARIFY ADDITIONAL DOCUMENTS AND INFORMATION THAT ARE NOT SUBJECT TO THE PRIVILEGE; TO PROVIDE THAT THE PRIVILEGE CONTINUES FOR CIVIL AND ADMINISTRATIVE PROCEEDINGS WHEN AN AUDIT HAS BEEN OBTAINED OR USED IN A CRIMINAL PROCEEDING; TO CLARIFY AUDIT NOTIFICATION REQUIREMENTS; TO REQUIRE A PERSON CLAIMING IMMUNITY BECAUSE OF A VOLUNTARY DISCLOSURE OF AN ENVIRONMENTAL VIOLATION TO PROVE SPECIFIC ELEMENTS IN ORDER TO BE ENTITLED TO IMMUNITY AND FOR THE BURDENS OF PROOF IN THIS REGARD; AND TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A DISCLOSURE IS NOT VOLUNTARY.
Senator MOORE spoke on the Bill.
Read the first time and, on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.
H. 4710 (Word version) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Read the first time and referred to the Committee on Corrections and Penology.
H. 4730 (Word version) -- Reps. Rhoad, Sharpe, Seithel and Hayes: A BILL TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS TITLE 47, SO AS TO CHANGE THE MAXIMUM PENALTIES FOR CERTAIN VIOLATIONS FROM A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN THAT AMOUNT AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT OR IMPRISONMENT FOR NOT MORE THAN THAT PERIOD OF TIME AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT; TO AMEND SECTION 47-11-90, AS AMENDED, RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE, SO AS TO DELETE PROVISIONS RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE FOR DAIRY AND BREEDING PURPOSES BEFORE THEY ARE REMOVED FROM A PUBLIC LIVESTOCK AUCTION MARKET AND PROVIDE THAT, WHEN CONSIDERED ADVISABLE BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION, ALL ANIMALS EXCEPT THOSE FOR IMMEDIATE SLAUGHTER MUST BE TESTED FOR BRUCELLOSIS BEFORE BEING REMOVED FROM STOCKYARDS OR OTHER PREMISES WHERE ANIMALS ARE HELD FOR SALE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO HORSES ENTERING THE STATE BEING TESTED FOR EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE THAT THE HORSE MUST BE ACCOMPANIED BY AN OFFICIAL TEST CHART SHOWING THAT THE HORSE REACTED NEGATIVELY TO THE TEST WITHIN THE TWELVE MONTHS BEFORE ENTRY; TO AMEND SECTION 47-13-1390, AS AMENDED, RELATING TO FALSE COGGINS TEST CERTIFICATES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF HAVING A FALSE OR FORGED CERTIFICATE MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-13-1400, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF EQUINE INFECTIOUS ANEMIA TESTING REQUIREMENTS, SO AS TO PROVIDE THAT A PERSON VIOLATING THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 47, RELATING TO EQUINE INFECTIOUS ANEMIA, MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-15-10, RELATING TO THE DEFINITION OF "GARBAGE", SO AS TO STRIKE VEGETABLE WASTE FROM THE DEFINITION AND TO FURTHER PROVIDE THAT UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS ARE ANIMAL WASTE; TO AMEND SECTION 47-17-100, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-17-60, 47-17-70, AND 47-17-80 REGULATING MEAT AND MEAT FOOD PRACTICES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130, AND TO PROVIDE FURTHER PENALTIES IF A VIOLATION INVOLVES INTENT TO DEFRAUD OR DISTRIBUTION OF AN ADULTERATED ARTICLE; AND TO AMEND SECTION 47-19-120, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-19-70, 47-19-80, 47-19-90, 47-19-100, AND 47-19-110 REGULATING POULTRY PRODUCTS INSPECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130.
Senator LEVENTIS spoke on the Bill.
Read the first time and, on motion of Senator LEVENTIS, with unanimous consent, ordered placed on the Calendar without reference.
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 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.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4916 (Word version) -- Reps. Carnell, Klauber, Parks, Taylor, Wilder, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. WILLIAM C. (BILL) MORAN FOR HIS OUTSTANDING, DEDICATED SERVICE AS PRESIDENT OF LANDER UNIVERSITY, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4920 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE D. LESLIE TINDAL, COMMISSIONER FOR THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE, ON BEING CHOSEN TO RECEIVE THE 2000 FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA (FIA OF SC) LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WILSON from the General Committee submitted a favorable report on:
S. 920 (Word version) -- Senators Moore, Washington, Wilson, Reese, O'Dell, Passailaigue, Setzler, Hayes, Leatherman, Branton, Courson and Glover: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO RENEW AND INTENSIFY THEIR EFFORTS AND NEGOTIATIONS FOR A FULL ACCOUNTING AND RETURN OF ALL AMERICANS WHO ARE REPORTED AS MISSING IN ACTION OR ARE PRISONERS OF WAR IN ANY MILITARY ACTION RESULTING FROM A WORLD WAR, THE KOREAN WAR, AND ALL OTHER WARS INCLUDING THE SOUTHEAST ASIAN WAR; AND TO PROVIDE FOR THE GRANTING OF REFUGEE STATUS IN THE UNITED STATES TO THOSE SOUTHEAST ASIAN NATIONALS OF CERTAIN FOREIGN COUNTRIES IN WHICH AMERICAN VIETNAM WAR PRISONERS OF WAR OR SERVICEMEN LISTED AS MISSING IN ACTION MAY BE PRESENT, IF THOSE SOUTHEAST ASIAN NATIONALS ASSIST IN THE RETURN TO THE UNITED STATES OF THOSE PRISONERS OF WAR OR THOSE LISTED AS MISSING IN ACTION.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 967 (Word version) -- Senators Martin, Elliott and Leatherman: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
S. 1264 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 25-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO ELIMINATE THEIR FUNCTION OF SERVING AS AN ADVISORY COMMITTEE TO THE VETERANS' AFFAIRS DIVISION; AND TO AMEND SECTION 25-21-30, RELATING TO THE DUTIES OF THE BOARD OF THE BOARD OF TRUSTEES AND SECTION 25-21-40, RELATING TO THE DISBURSEMENT FUNDS FROM THE VETERANS' TRUST FUND, BOTH SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES IS AUTHORIZED TO DECIDE HOW MONIES IN THE FUND MUST BE DISBURSED.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry polled out H. 4266 favorable:
H. 4266 (Word version) -- Reps. Law, Dantzler, Hinson, Gourdine and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-141, SO AS TO ESTABLISH A NO WAKE ZONE AT PIMLICO BOAT LANDING IN BERKELEY COUNTY.
AYES
Peeler Drummond Holland Land McGill Passailaigue Elliott Gregory Waldrep Moore Giese Hutto Ravenel Branton Grooms Mescher Richardson
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4509 (Word version) -- Reps. Fleming and Hawkins: A CONCURRENT RESOLUTION TO DIRECT THE UNION COUNTY VETERANS AFFAIRS OFFICE TO PLACE A MARKER AT THE JUNCTION OF HIGHWAY 114 AND TUMP SMITH ROAD IN UNION COUNTY TO RECOGNIZE AND COMMEMORATE THE RESTORED GRAVESITE OF THE COURAGEOUS REVOLUTIONARY WAR SCOUT, JAMES THOMAS (OLD HI-KY) MOSELEY.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4517 (Word version) -- Reps. Keegan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO REMEMBER THE SACRIFICES AND CONTRIBUTIONS OF THE BRAVE MEN WHO PERISHED ON THE S.S. LEOPOLDVILLE ON DECEMBER 24, 1944, DURING WORLD WAR II.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 4558 (Word version) -- Reps. J. Smith, Lourie, Hawkins and Klauber: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.
Ordered for consideration tomorrow.
Columbia, S.C., April 12, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4543 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY THAT FINANCIAL INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL BUT DOES NOT PROHIBIT THE SHARING OF DATA BETWEEN PUBLIC OFFICIALS AND EMPLOYEES, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 12, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4817 (Word version) -- Reps. Meacham-Richardson, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO ESTABLISH FIVE SINGLE MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF YORK SCHOOL DISTRICT NO. 1 OF YORK COUNTY MUST RESIDE AND BE ELECTED BY THE QUALIFIED ELECTORS OF EACH DISTRICT, PROVIDE THAT TWO MEMBERS MUST BE ELECTED AT-LARGE FROM THE SCHOOL DISTRICT, PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES, THE METHOD OF DETERMINING CANDIDATES, AND A PROCEDURE FOR FILLING VACANCIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 85 (Word version) -- Senators Thomas and Giese: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER OF THE GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator THOMAS proposed the following amendment (JUD0085.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting therein the following:
/ SECTION 1. Section 24-3-550 of the 1976 Code, as last amended by Act 24 of 1997, is further amended to read:
"Section 24-3-550. (A) To carry out an execution properly, the executioner and necessary staff must be present at the execution. In addition, the following persons may be present:
(1) three representatives, approved by the director, of the family of a victim of the crime for which a death penalty was imposed, provided, that, if there is more than one victim, the director may reduce the number of family representatives to one representative for each victim's family; provided, further, that, if there are more than two victims, the director may restrict the total number of victims' representatives present in accordance with the space limitations of the Capital Punishment Facility;
(2) the solicitor, or an assistant solicitor designated by the solicitor, for the county where the offense occurred;
(3) a group of not more than three representatives of the South Carolina media, one of whom must represent the dominant wire service, one of whom must represent the print media, and one of whom must represent the electronic news media; and
(4) the chief law enforcement officer, or an officer designated by the chief, from the law enforcement agency that had original jurisdiction in the case.; and
(5) the counsel for the convict and a religious leader. However, the convict may substitute one person from his immediate family for either his counsel or a religious leader, or two persons from his immediate family for both his counsel and a religious leader. For purposes of this item, 'immediate family' means those persons eighteen years of age or older who are related to the convict by blood, adoption, or marriage within the second degree of consanguinity.
(B) The counsel for the convict and a minister of the gospel may be present Other than those persons specified in subsection (A), no person is authorized to witness an execution.
(C) The department shall promulgate regulations establish internal policies to govern the selection of media representatives.
(D) Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution.
(E) For security purposes, the director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT THE THIRD MONDAY OF JANUARY, MARTIN LUTHER KING, JR. DAY, AND THE TENTH DAY OF MAY, CONFEDERATE MEMORIAL DAY, ARE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE THE NINETEENTH DAY OF JANUARY, ROBERT E. LEE'S BIRTHDAY, AND THE THIRD DAY OF JUNE, JEFFERSON DAVIS' BIRTHDAY, AS HOLIDAYS; TO DELETE REFERENCES TO OPTIONAL HOLIDAYS; AND TO DELETE GENERAL ELECTION DAYS AS LEGAL HOLIDAYS.
The House returned the Bill with amendments.
On motion of Senator FORD, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham-Richardson, Miller, J.H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE WHEN DONATED AFTER JUNE 30, 2000, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND, INCLUDING THE PROMOTION OF DONATIONS OF LANDS AND CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT OR DONATION OF LAND TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
The House returned the Bill with amendments.
On motion of Senator PASSAILAIGUE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills 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. 4416 (Word version) -- Reps. Kelley, Robinson, Riser and Carnell: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 19 ENACTING THE "OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS" AND PROVIDE FOR ITS OPERATION.
H. 4644 (Word version) -- Reps. Lucas, Harris, Jennings and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL, SO AS TO PROVIDE FOR SIX LOCAL EDUCATION ADVISORY COUNCILS FOR THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO PROVIDE FOR THE MEMBERSHIP OF THE COUNCILS AND ELECTION PROCEDURES FOR SUCH MEMBERS.
On motion of Senator HOLLAND
H. 4869 (Word version) -- Rep. Harris: A BILL TO ENACT THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN CHESTERFIELD COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
By prior motion of Senator HOLLAND
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 767 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 6, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS BY ADDING ARTICLE 3 SO AS TO PROVIDE THE SUBCONTRACTORS' AND SUPPLIERS' PAYMENT PROTECTION ACT, AND TO AMEND CHAPTER 6, TITLE 29 BY DESIGNATING SECTIONS 29-6-10 THROUGH 29-6-60 AS ARTICLE 1.
S. 771 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION, AND TO PROVIDE THAT NO POLLING PLACE MAY EMPLOY MORE THAN ONE ASSISTANT POLL MANAGER. MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION.
S. 858 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 62-5-433 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETTLEMENT OF CLAIMS OF MINORS AND INCAPACITATED PERSONS SO AS TO PROVIDE THAT "COURT" FOR THE PURPOSE OF APPROVAL OF SETTLEMENTS OF CLAIMS OF MINORS AND INCAPACITATED PERSONS INCLUDES THE CIRCUIT COURT OR THE PROBATE COURT OF THE COUNTY WHERE SUIT IS PENDING.
S. 1322 (Word version) -- Senators Holland and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HAYES proposed the following amendment (JUD1322.001), which was adopted:
Amend the bill, as and if amended, page 11, line 6, in Section 40-18-70, as contained in SECTION 1, by striking line 6 in its entirety and inserting therein the following:
/ requirements contained in subsections (E)(1), (4), and (8). /
Amend the bill further, as and if amended, page 15, line 8, in Section 40-18-100, as contained in SECTION 1, by striking line 8 in its entirety and inserting therein the following:
/ Section 40-18-100. (A) /
Amend the bill further, as and if amended, page 15, beginning on line 11, in Section 40-18-100, as contained in SECTION 1, by striking lines 11 through 12 in their entirety and inserting therein the following:
/ is eligible to possess firearms, and is licensed or registered as a security officer. Application for the permit must be /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
S. 1331 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
S. 735 (Word version) -- Senators Ravenel and Giese: A BILL TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 100 SO AS TO REQUIRE REGISTRATION OF FIREFIGTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Committee on Labor, Commerce and Industry proposed the following amendment (S-735 AMENDMENT1), which was adopted:
Amend the bill, as and if amended, Section 40-100-10, page 1, by deleting lines 38-39.
Amend further, Section 40-100-20(C), page 2, by deleting line 12 and inserting:
/in a confidential manner./
Amend further, Section 40-100-20(D), page 2, by deleting lines 14-15 and inserting:
/his or her file./
Amend further, Section 40-100-30(A), page 2, by deleting line 19 and inserting:
/2000, with a public fire department, organization, or employer of a/
Amend further, Section 40-100-40(B), page 2, by deleting line 39 and inserting:
/records check conducted by a law enforcement agency. The cost of the criminal records check may not exceed five dollars. No person/
Amend further, Section 40-100-40(C), page 3, by deleting line 2 and inserting:
/firefighter employed on or before July 1, 2000./
Amend further, page 3, by deleting lines 11-43 and page 4 by deleting lines 1-35 and inserting:
/ Section 40-100-50. (A) Each fire department or other employer shall notify the Office of the State Fire Marshal at any time that a firefighter is separated from employment or membership.
(B) Notification shall be made within five working days after separation, except in an emergency situation, in which case the notification shall be made within ten working days./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator GREGORY proposed the following amendment (735R002.CKG), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Title 40 of the 1976 Code is amended by adding:
"Section 40-200-10. (A) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer shall ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(B) The cost of the criminal records check shall not exceed five dollars.
(C) No person shall be allowed to perform firefighting duties in the State of South Carolina on or after July 1, 2000, who is convicted, pleads guilty, pleads no contest, or otherwise admits guilt, regardless of adjudication, to a felony, arson-related crime, or use of a controlled substance within the last ten years.
(D) No criminal records check shall be required of any firefighter employed on or before June 30, 2000." /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (958M001.TLM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:
/ SECTION 1. Section 40-43-60(D)(9) of the 1976 Code, as last amended by Act 366 of 1998, is further amended to read:
"(9) license in accordance with this chapter pharmacists who shall practice in this State and permit all facilities which shall possess or dispense drugs in this State, except as provided in subsections (H) and (I) of this section, and to suspend, revoke, or cancel a license or permit in accordance with law;" /
Amend the bill further, as and if amended, by striking SECTION 2 in its entirety.
Amend the bill further, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION . Section 40-43-60(I) and (J) of the 1976 Code is amended to read:
"(I) Nothing in this This chapter shall be construed to does not require a permit of or to prevent a licensed practitioner as defined under Section 40-43-30(45) from dispensing drugs or devices that are the lawful property of the practitioner or a partnership or corporate entity which is fully owned by licensed practitioners. Drugs or medicine dispensed must comply with the labeling requirements of state and federal laws and regulations.
(J) The distribution possession of complimentary drug samples intended for distribution, and stock bottles and legend devices intended for remuneration or demonstration by manufacturer's representatives as allowed by the federal Food and Drug Administration and the actual distribution of them to pharmacists licensed to dispense and to practitioners in this State who are legally authorized to prescribe does not require a permit within the meaning of this chapter."
SECTION . Section 40-43-80(I) of the 1976 Code is amended to read:
"(I) A permit is required for the sale, distribution, possession, or dispensing of drugs bearing the legend "Caution: Federal law prohibits dispensing without a prescription", including, but not limited to, pharmacies (institutional or community, public or private), nursing homes, hospitals, convalescent homes, extended care facilities, family planning clinics, public or private health clinics, infirmaries, wholesalers, correctional institutions, industrial health clinics, mail order vendors, and manufacturers within or outside this State."
SECTION . Section 40-43-86(BB) of the 1976 Code is amended to read:
"(BB) The fees for a permit to open a new pharmacy and for the annual renewal of a permit to operate a pharmacy must be promulgated by the board in regulation in accordance with the Administrative Procedures Act. The following fees are in effect until these fees are promulgated in regulation Applicants and licensees must pay fees for new and renewed permits, licenses, registrations, and certifications. Fees shall be established and adjusted, as provided by Section 40-1-50. Among other things provided in this chapter, fees may be established by regulation and assessed for a:
(1) one hundred dollars for a permit to open a new pharmacy new pharmacy permit for renewal;
(2) fifty dollars for the annual renewal of a permit to operate a pharmacy new nondispensing drug outlet permit or permit renewal;
(3) new medical gases or legend devices drug outlet permit or permit renewal;
(4) new nonresident pharmacy permit or permit renewal;
(5) new out-of-state wholesale distributor permit or permit renewal;
(6) relocation permit within the same city;
(7) six-year intern certificate;
(8) application for complete licensure examination;
(9) application for licensure by score transfer;
(10) application for licensure by licensure transfer;
(11) pharmacist's license or license renewal; and
(12) pharmacy technician registration or registration renewal."/
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
Senators ALEXANDER and SETZLER proposed the following amendment (958R001.tca), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Section 40-43-86(X) of the 1976 Code, as added by Act 76 of 1999, is amended to read:
"(X)(1) Physicians who are in charge or who directly supervise the operation of emergency rooms may dispense legend drugs in order to meet the immediate needs of the patient. The amount dispensed may not exceed an amount equal to a seventy-two hour supply. Records of drugs dispensed must be maintained. A valid physician-patient relationship shall exist between the emergency room physician and the patient before dispensing legend drugs in the emergency room.
(2) Physicians who are in charge or who directly supervise the operation of college and university athletics department training rooms may dispense prescription drugs owned by the facility in order to meet the needs of the patient. Records of drugs dispensed must be maintained. A valid physician-patient relationship shall exist between the athletics department physician and the patient before dispensing prescription drugs in the athletics department training room." /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 906 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 57, TITLE 48, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO. ENVIRONMENTAL AUDIT PRIVILEGE AND VOLUNTARY DISCLOSURE, SO AS TO FURTHER DEFINE MATERIALS AND DOCUMENTS OF AN ENVIRONMENTAL AUDIT REPORT WHICH ARE PRIVILEGED IN A CIVIL OR ADMINISTRATIVE PENALTY ACTION, TO PROVIDE THAT THIS PRIVILEGE DOES NOT APPLY TO CRIMINAL INVESTIGATIVE PROCEEDINGS, AND TO FURTHER DEFINE THE PROCESS BY WHICH THIS PRIVILEGE MAY BE ASSERTED.
Senator MOORE asked unanimous consent to recommit the Bill to the Committee on Medical Affairs.
There was no objection.
The Bill was recommitted to the Medical Affairs Committee.
S. 1272 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE; AND TO AMEND SECTION 16-1-60, SO AS TO PROVIDE THAT THE OFFENSES OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND ALLOWING GREAT BODILY INJURY TO BE INFLICTED UPON A CHILD ARE ADDED TO THE LIST OF VIOLENT CRIMES.
Senator MOORE asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was committed to the Judiciary Committee.
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 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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RANKIN proposed the following amendment (1210R001.LAR), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ____. Section 12-10-30 of the 1976 Code is amended to read:
"Section 12-10-30. As used in this chapter:
(1) 'Council' means the Advisory Coordinating Council for Economic Development.
(2) 'Department' means the South Carolina Department of Revenue.
(3) 'Employee' means an employee of the qualifying business who works full time within the enterprise zone.
(4) 'Hospitality industry' means those businesses and establishments which are required to remit admissions taxes pursuant to Chapter 21 of Title 12 and accommodations taxes pursuant to Chapter 36 of Title 12.
(4) (5) 'Manufacturing' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) Codes 20 through 39 as published in the Office of Management and Budget's Standard Industrial Classification Manual.
(5) (6) 'New job' means a job created or reinstated, as defined in Section 12-6-3360(M)(3).
(7) 'Production employee' means an employee who is engaged in the actual making of tangible personal property, who is directly involved in the manufacturing, processing operation or distribution process, or who is employed in the hospitality industry. These employees must be full time and entitled to full benefits, including health care.
(6) (8) 'Qualifying business' means an employer that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter and, where required under Section 12-10-50, enters into a revitalization agreement with the council to undertake a project under the provisions of this chapter.
(7) (9) 'Project' means an investment for one or more purposes in Section 12-10-80(B) needed for a qualifying business to locate, remain, or expand in an enterprise zone and otherwise fulfill the requirements of this chapter.
(8) (10) Reserved.
(9) (11) 'Withholding' means employee withholding under Chapter 9 of this title."
SECTION ____. Section 12-10-50(1) of the 1976 Code is amended to read:
"(1) it must be primarily engaged in the hospitality industry or a business of the type identified in Section 12-6-3360;" /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senators PEELER and GROOMS proposed the following amendment (BBM\9497HTC00):
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION __. A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) A percentage as determined under subitem (b) below of the fair market value of a private passenger motor vehicle as defined in Section 56-3-630 and of the fair market value of a motor cycle.
(b) Annually, as provided in Section 11-11-150, there is credited to the Trust Fund for Tax Relief an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of this exemption. The reimbursement allocation for a county must be computed based on an average statewide millage rate as determined by the Board of Economic Advisors, applied to a percentage of the fair market value of each eligible vehicle registered in this State beginning with ten percent for fiscal year 2000-01 and increasing in increments of ten percent a fiscal year until fifty percent is attained for fiscal years beginning after June 30, 2004. The county auditor, from the amount of the reimbursement allocated to the county, shall calculate a uniform percentage of the fair market value of each eligible vehicle registered in the county that is exempt from property taxes levied in the county and apply that exemption for motor vehicle property tax years beginning in the fiscal year. The reimbursement must be paid not less than monthly, in advance, and in a manner that substantially matches the stream of revenue that would be generated if the exempt portion of the property's value were fully taxable. The reimbursement is credited pro rata to property taxing entities in the county. For fiscal years beginning after June 30, 2005, the reimbursement is fixed permanently at the amount reimbursed in fiscal year 2004-05.
(c) Property value exempted from property taxation by this item is considered taxable at no more than the amount applicable for motor vehicle tax years beginning in fiscal year 2004-2005 for purposes of bonded indebtedness pursuant to Sections 14 and 15, Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3).
(d) The exemption allowed by this item cannot reduce the minimum assessment provided pursuant to Section 12-37-2640."
B. Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended by adding an appropriately numbered item at the end to read:
"( ) Section 12-37-220(B)( ) for the motor vehicle property tax exemption."
C. Notwithstanding the general effective date of this act, this section takes effect July 1, 2000, and applies with respect to motor vehicle tax years beginning after June 30, 2000. /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
Senator SHORT objected to further consideration of the Bill.
S. 169 (Word version) -- Senator Washington: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF REVENUE FROM LOCAL HOSPITALITY AND ACCOMMODATIONS TAXES, SO AS TO ELIMINATE THE REQUIREMENT THAT NINE HUNDRED THOUSAND DOLLARS IN STATE ACCOMMODATIONS TAXES MUST BE COLLECTED IN A COUNTY BEFORE REVENUE GENERATED BY A LOCAL ACCOMMODATIONS TAX OR LOCAL HOSPITALITY TAX MAY BE USED TO PROVIDE POLICE AND FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY PREPAREDNESS OPERATIONS.
On motion of Senator ALEXANDER, with unanimous consent, the Bill was carried over.
S. 959 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO INCLUDE "BUTORPHANOL" AS A SCHEDULE IV CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360 RELATING TO PRESCRIPTIONS FOR CONTROLLED SUBSTANCES, SO AS TO REVISE REFERENCES, DELETE CERTAIN PROVISIONS CONCERNING LABELING OF THESE PRESCRIPTION DRUGS, AND TO INCREASE THE MAXIMUM DOSAGE UNITS THAT MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO STATE AGENCIES HAVING CONTROL OVER METHADONE, SO AS TO REMOVE SUCH CONTROL FROM STATE AGENCIES AND PLACE THE CONTROL EXCLUSIVELY WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 44-53-720 RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM THIS SECTION TO PROVISIONS GIVING EXCLUSIVE CONTROL TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO AUTHORIZE DISPENSING METHADONE BY A RETAIL PHARMACY FOR ANALGESIA; AND TO AMEND SECTION 44-53-730 RELATING TO RESTRICTIONS ON THE SALE AND DISTRIBUTION OF METHADONE, AND SECTION 44-53-740, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PROMULGATING REGULATIONS RELATING TO METHADONE AND OTHER CONTROLLED SUBSTANCES, BOTH SO AS TO CONFORM THESE SECTIONS TO PROVISIONS GIVING EXCLUSIVE CONTROL OF METHADONE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.
Senator RAVENEL rose for an Expression of Personal Interest.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
Senator BRANTON rose for an Expression of Personal Interest.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD0003.005) proposed by Senators RYBERG and BRYAN and previously printed in the Journal of March 25, 1999.
Senator MOORE moved to carry over the Bill.
The Bill was carried over.
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN moved to carry over the Bill.
The Bill was carried over.
S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WILSON spoke on the Bill.
Mr. President and fellow members of the Senate, I disagree with the compromise, but I want to come forward and thank some key people on the level of civility that we've had, particularly for the last two weeks.
Certainly my hero in so much of this debate on the flag is Senator VERNE SMITH of Greenville. Senator SMITH and I knew that we had a comradeship, but in particular, last year he had a definition of what I thought about this whole matter, the whole description. He was quoted in the Greenville paper, it was not front page, you had to turn the page. They asked Senator SMITH, what do you think about this issue and he said, "I'm depressed" and that put it in line with what I thought ...it was right on point as I was reading the article. That how depressing it is to read about the divisions in South Carolina, the different negative views about the Confederate flag. This was just so unnecessary. And, Senator, I want to thank you for expressing my view and then, of course, during the whole period you have been wonderful at keeping us in a very positive attitude and mental state.
Also I've warned the two senators from Richland-- that could be why they are not here-- that I was going to say something nice about them. Oh, there he is, Senator PATTERSON, I want to thank him. I know this issue is something he's worked on for 26 years and every now and then those of us in Lexington County get the impression that he doesn't like us very much, but he has been a very calming influence during the whole calendar year 2000 in regard to this matter and I think that's been positive.
Also, I appreciate very much the comments two weeks ago of Senator DARRELL JACKSON. I thought it was amazing the turnaround that he had where he used the view that I have of what I hope is going to occur in South Carolina, and that is, recognition that we have shared heritage and that we should have mutual respect for each other. That's what I was into this for and I hope that whatever the resolution of this is that this can be achieved.
The whole question about the flag really, from my perspective, is very, very personal. And it's personal because it's my family. For me, it began very early in that I was named for a Confederate General, General David Addison Weisiger. General Weisiger also is the ancestor of our colleague, Senator LAND from Clarendon. I know this will be shocking, but he and I share the same great, great, great grandmother, and so truly, even Representative Jake Knotts can recognize that good people can disagree. General Weisiger, who I was named for, as well as my grandfather was named Addison in honor of Addison Weisiger and then, of course, I was named for my grandfather. He was my grandfather's great uncle and he served with distinction in the American Army in the Mexican-American war. Then as was the tradition of that time many of the American officers from the Southern states, then of course, served as officers in the Confederate Army. He achieved distinction as the hero of the Battle of the Crater. That's my ancestor. The Battle of the Crater was one of the great defensive battles of the defense of Petersburg, which is the hometown of General Weisiger. General Weisiger was not a plantation owner; he was a bank cashier. In the Battle of the Crater troops from Pennsylvania tunneled underneath the Confederate defense line of Petersburg and Richmond, the capital of the Confederacy. They placed munitions underneath the Confederate lines with the intent obviously of blowing up the lines and then coming through and seizing the city of Petersburg, and then the capital of Richmond. When they blew the line up Gen. Weisiger was able to coordinate the troops from South Carolina and from Virginia and they stopped the invasion at that time and it was a very extraordinary battle. But it was very tragic, too. Thousands of people were killed in this battle, but the achievement of Gen. Weisiger was that he protected his home in Petersburg.
Then, of course, I take very personally about the flag because as the Senator from Aiken last week was talking about General Robert E. Lee and his colleges, I was there. I attended General's Lee's college, which is now Washington and Lee University. I am proud of it and I don't want it to be made fun of or put down by people who do not appreciate Southern Heritage. It is a great institution. General Lee should be a hero to everyone. He indeed said, "Furl the Flag" as the State paper reported. He said we should be good citizens, as he was. He founded a great institution and I take it personally and am very proud of it.
Also, I can relate that my family, my wife's family in particular, can identify with the Confederate flag. It was a great tradition in World War II for persons who graduated from Clemson University who were part of the Corps of Cadets to take the Confederate flag into battle all over Europe and Asia. You could identify the Clemson Cadets across the world because they would have a Confederate flag on their Jeeps. My father-in-law was the late Julian Dusenbury. He fought at Okinawa. He was a Marine Captain and he led the successful capture of Shuri Castle, which was the Headquarters of the Japanese Command at Okinawa. This was a castle that had been built and then fortified over a 400-year period. It had never been captured. But, Major Dusenbury, Captain Dusenbury at the time, led the troops, many of them from Clemson--and since my son's going to Clemson this year, I have a new interest in Clemson. But Captain Dusenbury led the troops and it was an extraordinary effort of heroism. It reminded me, of course, of the heroism that we've seen with our PRESIDENT Pro Tempore, Senator DRUMMOND. He led the troops and successfully captured the castle. He then raised a flag, very much in the tradition of Okinawa, except that the flag that he is alleged to have raised was the Confederate flag.
What then occurred was two days later, when he was shot by a sniper and for the rest of his life he was in a wheelchair. But, he came back to South Carolina and served with distinction in the House of Representatives. But, he never received the Medal of Honor because the flag that he raised was the Confederate flag and not the American flag. He did receive the Navy Cross which is the highest honor underneath the Medal of Honor. Again, this means a lot personally to me about why I think the flag is positive.
Additionally, I would like to point out that I want to thank the Senator from Charleston, Senator McCONNELL, for fighting to make sure that this flag is not left to the racists of America or anywhere. I've already been in that battle. I had a conversation with the Senator from Orangeburg a few minutes ago. In 1987, I was the person who contacted the Attorney General, Travis Medlock, and I was able to get the Attorney General's Office on behalf of the people of the State of South Carolina to file a lawsuit to keep the disgusting Ku Klux Klan out of the Pelion Christmas Parade. Can you imagine a hate group wanting to be in a Christmas Parade? Well, I can assure you it offended me. We know there are Nazis in Chicago, there are Communists in New York, but they're not in all the parades. So there must be some way, respecting First Amendment rights, that you can keep these groups out of parades. So, I was the person who got him to file the lawsuit that was successful in keeping them out of the parade. Ultimately there was a lawsuit filed by the KKK and I was very honored to be called as a witness against the Klan in Federal Court. So, I've been there trying to protect this flag from the Klan. That was the only time that I've actually seen KKK members in the community that I represent or anywhere in Lexington County. I have never seen them before or since. But, it made me feel good to be in the Christmas Parade that year--to ride by and see this mish-mosh of people not in the Christmas Parade.
There are some other points that I wish to make that I hope to be clarified. The Senator from Pickens County was talking about how he was in the fourth grade when the schools of South Carolina were integrated. I was in the eleventh or twelfth grade, and I can't remember exactly which year, but it was '63 or ' 64 and the very first African-American student to go to a school in South Carolina was at the High School of Charleston and I was on the committee known as the Assimilation Committee. The Assimilation Committee is the committee of upperclassmen that welcomes the lower classmen and gets them into the auditorium. We tell them what the traditions are of the school and what to expect and take them around the school and show them where the cafeteria is, etc. It is a very positive committee. I was on that committee and I had the opportunity of helping welcome the first black student to a public school in South Carolina. The national news media was there; they were excited. There was no dissension at all. It was the dullest event that occurred that day anywhere in the Free World. We welcomed the student. I remember distinctly that he didn't have a pencil. I gave him a pencil so that he could sign the different papers and make notes of what he needed to do. Our State has a good history in regard to how we have adjusted to school integration and it was not nearly the riots of Boston, you know the people who like to look down on us and give us advice. And I have been to Boston as a high school student where I found out what discrimination could mean. But, we welcome people to our schools and its been a positive experience for the people of South Carolina.
I also want to correct another impression and that is what we hear about the skinheads of Europe. Well, that as we know is not Europe. Those are nuts! And that is a very small group and we should not tar with a brush all the people of Europe that they are skinheads. That is not what I have seen. I have seen magazine pictures of the revolution of 1989 in East Germany and the flag which was flown in Erfurt and Liepzig, and other cities of East Germany, the flag that they flew was the Confederate flag. In the midst of communist oppression they flew Confederate flags for the purpose of expressing freedom, defiance and rebellion. I gave those pictures, because they were in magazines, to the Senator from Charleston, so that was what the flag means. When I visited for the first time to Bulgaria was I surprised to see people with Confederate flags on their T-shirts. And, I would ask them what does that mean and they said it means freedom and independence. It was positive, nothing negative. In fact, last year, a few minutes ago you got to meet Dr. Gatti who chaired a tour with the Lexington County Military History Club to England last September. On the very first day that I was there we went to an airshow in Raidon, England. They were serving, of course, fried chicken, and the fried chicken was served in boxes covered with pictures of Confederate flags. They also had tissue cleanups with Confederate flags. I had never been to England in my life, I thought, gosh, I feel right at home. So, I asked the ladies there, I said, "Gee, I've got to take one of these boxes back as a souvenir" and I asked, "What does this flag mean?" And they said it means 'hospitality.' And then I said, "Does it mean anything else?" And they thought this American tourist has really flipped and they said, "Sure, it means Southern hospitality." And while I was there during that 10-day period every day I saw Confederate flags on the back of cars.
Sen. DRUMMOND: I wonder if the Senator would yield for a question? Senator, I love that flag. You've heard me say that I had two great-grandfathers give their lives for it. But I have a little hearing difficulty, you know that, and when you were talking about in WWII, did I hear you say that this group carried the Rebel flag into Battle?
Sen. WILSON: Yes.
Sen. DRUMMOND: I know they had some. I've seen them. But
you are an officer in the U. S. Army?
Sen. WILSON: Yes.
Sen. DRUMMOND: A colonel?
Sen. WILSON: Yes.
Sen. DRUMMOND: What disturbed me... Y'all know this when you start talking about the American flag, I've seen too many people die holding that flag. But, when they had a rally out here, one of your close friends, a House member, said it ought to be on top of that American flag...
Sen. WILSON: Oh, no.
Sen. DRUMMOND: This is when it got me...I didn't hear you say one word.
Sen. WILSON: Well, hey, I did.
Sen. DRUMMOND: I've never been disturbed, except that one thing...
Sen. WILSON: Well, no, that was absurd.
Sen. DRUMMOND: When you start putting ANY flag...
Sen. WILSON: That's right.
Sen. DRUMMOND: Over that American flag... now, I didn't hear maybe all of what you said about that flag and WWII...
Sen. WILSON: Right.
Sen. DRUMMOND: I saw that flag in WWII.
Sen. WILSON: Sure.
Sen. DRUMMOND: They carried it...
Sen. WILSON: With spirit.
Sen. DRUMMOND: ... because they liked it.
Sen. WILSON: It was spirit.
Sen. DRUMMOND: But, the flag in WWII and any one that got a medal, he got it for protecting that American flag.
Sen. WILSON: That's right.
Sen. DRUMMOND: I saw a lot of people die, a lot of my friends.
Sen. WILSON: That's right, and there's no defense to anybody saying...
Sen. DRUMMOND: And, I came close to it twice. So, when they start talking about the American flag and putting anything over it, ANYTHING...
Sen. WILSON: That is not me.
Sen. DRUMMOND: You're going to get JOHN DRUMMOND upset... and knowing you are in the Guard...
Sen. WILSON: No, no, and I've had people ask me, actually one person, no one took that seriously, Senator, and that's just again, not, that's NOT the people of South Carolina, and so that's the point I want to make... that we have a very proud heritage in South Carolina.
When we had church burnings in America, we can think of Lexington County and fifteen years ago we had vandalism and burnings at a church known as St. John's Baptist Church in Dixianna. The people, Democrats and Republicans, were out there cleaning up around the church. That's the history of South Carolina. When there were church burnings in Clarendon County, there was prosecution and a great effort to stop it. That's the positive history of South Carolina, not the negative history. I also want to point out that politically, racism doesn't sell in South Carolina and the best example of that was in 1968. The campaigns that I'm familiar with that have had the greatest racial divide was the campaign for President. We are a Deep South State. South Carolina shares a heritage of the Deep South with Georgia, Mississippi and Alabama. But in 1968, and I hope the rest of the world knows this, we were the only Deep South State not to support George Wallace. It was by 1%, but the Senator from Richland and myself were out there going door to door to make sure that Richard Nixon was the person to carry this State and he did, the Republican ticket carried the State, not George Wallace.
Senator COURSON: Yield for a question?
Sen. WILSON: Yes.
Sen. COURSON: I think in 1968, the vote breakdown was 38% for Nixon, 32% for Gov. Wallace and 30% for Vice President Humphrey in South Carolina.
Senator WILSON: We did better than I thought.
Senator COURSON: But, were you aware in the Republican primary in 1992, in this State that a gentleman named David Duke out of Louisiana, who was almost elected Governor of Louisiana, very, very close to it. You had a bi-partisan effort led by Republicans and Democrats both to defeat him. But he came off of a head of steam out of Louisiana running for President of the United States and in the Republican primary where he was supposed to get 25 to 30% of the vote he ended up with less than 5%, where you aware of that?
Senator WILSON: I sure am. And, you can tell that you and I didn't coordinate this speech, we're seatmates, that's the next race I was going to tell you about. That was the other pre-eminent racial race in South Carolina, and that was the one by David Duke. There was a daily newspaper here in the Midlands that did a story prior to the primary, which indicated that Mr. Duke was going to do wonderfully in South Carolina. He was going to get a record number of votes. In fact, they went to the Pelion community and found somebody who was supporting him and they indicated that it was just going to be a sweep by David Duke. And, to the credit of South Carolina, Mr. Duke bombed in South Carolina and that's the last time he's been heard of politically to my knowledge. In fact, I was so disappointed in the local daily newspaper giving such positive coverage to David Duke that I met with the editor and I pointed out that I thought they should do an apology to the people of Pelion because in Pelion he got fewer votes there than virtually anywhere. I pointed out that racism is NOT the hallmark of the Pelion community. I met with the editor and said you could actually go and interview the President of the Student Body, he would be a really good role model... he's black... and after you interview him, interview the President of the Student Body at the Middle School, that's the sister of the President of the Student Body at Pelion High School. So, these are positive examples that should be covered, rather than negative.
The reason for my getting up today is that, from the heart, I feel very strongly about the flag. I feel very strongly about the wonderful and positive heritage of the people of South Carolina. Another concern that I've had is the divisions between the races in South Carolina. The Senator from Lower Richland has indicated concern. Fortunately, I go to a lot of programs with schools, particularly wrestling matches for my son, all over South Carolina, and it is so exciting to see the young people of South Carolina, black and white, work together. And they are working together because they do believe in shared heritage and mutual respect.
Thank you.
On motion of Senator RYBERG, with unanimous consent, the remarks by Senator WILSON, were ordered printed in the Journal.
Senator ALEXANDER spoke on the Bill.
Thank you Mr. President and Members of this Body.
It is quite an honor today, I guess, to stand before you as we take part in our history and I have never been prouder to be part of this Body than I have these last few weeks because I know this issue has been very heavy upon our hearts. I think back to a week ago Wednesday, not yesterday, but a week ago, that with a lot of spirited debates, we united on a motion of the Sense of Senate to bring finality to this issue--this legislative session and one short week later we have the opportunity to do that.
I think back to other times in the history of South Carolina when it has been the people of South Carolina and those elected to represent them who have been the ones to solve the matters before us. I, too, like the Senator from Pickens, was in school back in the sixties and I can remember, living so close to Clemson, hearing about how the Clemson campus was integrated and I have had the opportunity to talk to then-President, Dr. R. C. Edwards, whom I have great respect for, and to hear about what a professional, sensitive way that they handled that issue the best for the State of South Carolina.
I think what we did yesterday and what we are about to do today is another prime example of our putting what is best for this State first in our hearts. We have had the opportunity and we have defined this moment for South Carolina. I thought maybe it was Divine Providence, that maybe this, the week before Holy Week, that we approached this subject. We talked yesterday about how April 12th was the beginning of the Civil War, but we also find ourselves the week before Holy Week, and we saw Jesus in that period of time, obviously, going from Palm Sunday to a time of Crucifixion.
I, also, want to point out that I, too, had a great grandfather who fought in the Civil War and the flag is very special and has a lot of meaning to me and my family. But, I think the time truly has come for us to bring finality and unity and to work for the betterment of our State and the main reason I wanted to get up here today is to share with you something that I witnessed just a few short weeks ago.
Senator WILSON, the Senator from Lexington, just a few minutes ago talked about those church burnings that have occurred over time. Up in our area, the Senator from Anderson and myself share an area in the Townville area, a little community that had gone through the same situation. This church, the Shiloh Baptist Church in Townville, South Carolina, was established in 1861, and it says on this sheet that was given to us on this dedication Sunday and that it was arsoned on June 23, 1997. Those who committed that act, I am sure, did it out of evil. The people of that community, ministers from other churches close by, and residents of that community went to that church and to the pastor and said, "We are here to help and we are going to rebuild this church. It might take a year, it might take five years, it might take ten years, but we are going to rebuild this church"--that church has been rebuilt. It was rebuilt officially in December of 1999, and the service of dedication was March in the year 2000. I went to that dedication service and what I saw and witnessed was what truly South Carolina and all its people are all about because we do care and love one another and we are not going to allow someone else to define the love and respect we have for one another whether it is in this Body or as brothers and sisters in our communities. Those churches and those members gave up Saturdays and went and worked to raise money and when that church was dedicated, it was debt free to that congregation. Just recently, in the last few days, as I talked to the pastor of the church, the Earles Grove Baptist Church, that spearheaded the help with the Shiloh Baptist Church, he shared with me that they are in the middle of a building program at their church and that members of the Shiloh Baptist Church had been giving up their Saturdays to come and work with them and the ladies of that church had been bringing food to share with them on those Saturdays. That is the true South Carolina.
That is the reason I am proud to have the opportunity to represent and to work with my colleagues as we deal with this issue of the flag and its placement. I think that within these last few weeks, as difficult as it has been, we have met the challenge before us to bring us together as the Senator from Greer likes to say, "for us to love one another." I hope that in the future as people look back on this time, they will do so with pride knowing that we put the best interest of the State of South Carolina and its people first and foremost because of our love for this State.
Thank You.
On motion of Senator COURSON, with unanimous consent, the remarks by Senator ALEXANDER, were ordered printed in the Journal.
Senator GROOMS spoke on the Bill.
Senator FORD spoke on the Bill.
Senator BRANTON spoke on the Bill.
At 12:58 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
In the absence of a quorum, Senator MOORE moved under Rule 3B to send for the absentee members.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Drummond Ford Gregory Hayes Holland Hutto Jackson Land Leventis Martin Matthews McGill Moore Passailaigue Patterson Rankin Reese Setzler Short Smith, J. Verne Waldrep Washington
Bauer Branton Elliott Fair Giese Grooms Leatherman McConnell Mescher Peeler Ravenel Richardson Ryberg Thomas Wilson
At 1:00 P.M., Rule 3B was invoked.
Senator BRANTON continued speaking on the Bill.
At 1:15 P.M., with Senator BRANTON retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 1:30 P.M., the Senate resumed.
Senator BRANTON resumed speaking on the Bill.
Senator BAUER asked unanimous consent to make a motion to take up an amendment for immediate consideration.
Senator JACKSON objected.
Senator GROOMS asked unanimous consent to make a motion to take up an amendment for immediate consideration.
Senator JACKSON objected.
The question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Bryan Courson Drummond Elliott Ford Giese Gregory * Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Moore Passailaigue Patterson Rankin Ravenel Reese Richardson Russell * Ryberg Saleeby * Setzler Short Smith, J. Verne Waldrep Washington
Branton Fair Grooms Mescher Peeler Thomas Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senator DRUMMOND moved, under the provisions of Rule 1B that, when the Senate adjourns on Friday, April 14, 2000, it stand adjourned to meet Tuesday, April 18, 2000, at the time and subject to the limitations set forth in Rule 1B, and further, that, when the Senate stands adjourned on Tuesday, April 18, 2000, it stand adjourned to meet in Statewide Session on Wednesday, April 19, 2000, at 11:00 A.M.
Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session.
Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
George F. Abernathy, 988 Iron Ore Rd., Spartanburg, S.C. 29303
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. R. Dale Bullard of Sumter, S.C. Mr. Bullard died on Sunday, April 9, 2000. He was associated as a student and employee of the University of South Carolina Sumter since 1966. He served as Assistant Dean of Student Affairs and Programs for 24 years. He was a member of First Baptist Church where he served as Sunday School Director and Deacon. He is survived by his wife, Patricia Marshall Bullard, and a son, Russell Boykin, and other family members.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, April 14, 2000, it stand adjourned to meet next Tuesday, April 18, 2000, at 12:00 Noon, which motion was adopted.
At 1:40 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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