Senate Journal for Mar. 18, 1999 - South Carolina Legislature Online

THURSDAY, MARCH 18, 1999

Thursday, March 18, 1999

(Statewide Session)

Indicates Matter Stricken

Indicates New Matter

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

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

Beloved, St. Luke, the physician, records some of the words of Jesus. Hear these, Chapter 22:

“Simon, Simon, behold Satan demanded to have you, that he might

sift you like wheat, but I have prayed for you that your faith may

not fail... and that you will strengthen your brethren.”

Let us pray.

Our Father, each day brings to us the responsibility of making so many decisions. Sometimes, it is a soul searching struggle to decide just what is the right thing to do under certain circumstances.

Lord, we confess that sometimes we are pressed between the right and moral thing to do and the money involved and the political power that is interfaced.

Help us to hear Jesus saying:

“I have prayed for you! Strengthen your brethren.”

Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Helen E. Clawson, 4 Limehouse Street, Charleston, S.C. 29401

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

David W. Coker, 4050 Bridgeview, North Charleston, S.C. 29405

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Patricia B. Dixon, 5467 Highway 165, Hollywood, S.C. 29449

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Lynne H. Benfield, 13 Lynwood Circle, York, S.C. 29745

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Robert Davenport, 2211 Zinker Road, Rock Hill, S.C. 29732

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Edward H. Harvey, 190 Lawson Lake Drive, Clover, S.C. 29710

Doctor of the Day

Senator RAVENEL introduced Dr. Donald Johnson of Mt. Pleasant, S.C., Doctor of the Day.

RECALLED

S.100 -- Senators McConnell, Passailaigue, Ford, Mescher, Ravenel, Branton, Grooms, Elliott, Washington and Reese: A BILL TO AMEND SECTION 1243217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF APPRAISAL AND EQUALIZATION OF THE VALUE OF REAL PROPERTY AND THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE EQUALIZATION PROGRAM FOR PURPOSES OF PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO POSTPONE IMPLEMENTATION FOR NOT MORE THAN ONE PROPERTY TAX YEAR AND TO PROVIDE THAT THIS POSTPONEMENT DOES NOT ALTER THE SCHEDULE OF APPRAISAL AND EQUALIZATION.

Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator PASSAILAIGUE, the Bill was ordered placed on the Calendar.

THIRD READING RECONSIDERED

H.3415 -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 4057100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN’S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER’S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN’S LICENSE.

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.

There was no objection.

On motion of Senator MOORE, the Bill was ordered returned to the third reading Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S.618 -- Senators Moore and Waldrep: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.

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

S.619 -- Senators Leventis, Land, Moore, McConnell, Hutto, Reese, Washington and Giese: A JOINT RESOLUTION TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING PROGRAM TO BE ADMINISTERED BY THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL WITHIN THE DEPARTMENT OF COMMERCE; TO IMPOSE A FIVE DOLLAR FEE ON EACH PIECE OF ELECTRONIC EQUIPMENT CONTAINING A CATHODE RAY TUBE SOLD; TO REQUIRE THE STATE TREASURER TO DEPOSIT THE FEES COLLECTED IN THE ELECTRONIC EQUIPMENT RECYCLING FUND TO BE USED, AMONG OTHER THINGS, TO DETERMINE THE MOST EFFICIENT MEANS OF COLLECTING, TRANSPORTING, AND PROCESSING SCRAP ELECTRONIC EQUIPMENT AND TO AWARD GRANTS, CONTRACTS, AND LOANS TO FURTHER THE PROCESS AND TECHNOLOGY FOR RECYCLING THIS EQUIPMENT; TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING COMMITTEE TO REVIEW AND EVALUATE THE USE OF THE RECYCLING FUND; AND TO REQUIRE THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL TO EVALUATE THE PROGRAM AND RECOMMEND WHETHER THIS PROGRAM SHOULD CONTINUE AND BE MADE PERMANENT LAW.

Senator LEVENTIS spoke on the Joint Resolution.

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

S.620 -- Senators Martin, J.VerneSmith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS AND TO REQUIRE THE DEPARTMENT TO REQUEST THE DELETION OF SOCIAL SECURITY NUMBERS FROM ANY DATABASE PREVIOUSLY TRANSFERRED BY THE DEPARTMENT TO A THIRD PARTY WITH WHICH THE DEPARTMENT HAS CONTRACTED.

Senator MARTIN spoke on the Joint Resolution.

Read the first time and on motion of Senator MARTIN, with unanimous consent, ordered placed on the Calendar without reference.

Objection

Senator MARTIN asked unanimous consent to make a motion that the Resolution be given second and third readings on the next two consecutive legislative days.

Senator McCONNELL objected.

S.621 -- Senator Mescher: A BILL TO AMEND ARTICLE 7, CHAPTER 31, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT REGULATORY AUTHORITY OVER FIREARMS, BY ADDING SECTIONS 2331513 THROUGH 2331517 SO AS TO RESERVE TO THE STATE THE RIGHT TO REGULATE THE ACTIVITIES OF AND THE RIGHT TO INSTITUTE AND MAINTAIN CERTAIN CIVIL ACTIONS AGAINST FIREARMS OR AMMUNITION MANUFACTURERS, TRADE ASSOCIATIONS, AND DEALERS.

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

S.622 -- Senator J.Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 5, 1999, MISSED BY SIXTH AND SEVENTH GRADE STUDENTS OF GREER MIDDLE SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 199899 WHEN THE SCHOOL WAS CLOSED DUE TO THE LOSS OF HEAT IN THE BUILDING IS EXEMPTED FROM THE MAKEUP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator J. VERNE SMITH spoke on the Joint Resolution.

Read the first time and on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.

S.623 -- Senator Martin: A CONCURRENT RESOLUTION TO PROCLAIM THAT THE WOMAN CHOSEN AS MISS SOUTH CAROLINA SHALL SERVE AS THE OFFICIAL HONORARY HOSTESS OF THE STATE OF SOUTH CAROLINA DURING HER TERM AS MISS SOUTH CAROLINA.

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

H.3746 -- Reps. Allison, Seithel, Edge, Bales, Barrett, Battle, Beck, Breeland, Cato, Chellis, Clyburn, Dantzler, Gilham, Gourdine, Govan, Hamilton, Harrison, Harvin, J.Hines, Hinson, Jennings, Kelley, Klauber, Koon, Law, Lee, Littlejohn, Loftis, Maddox, Martin, Mason, McCraw, McGee, Meacham, Parks, Phillips, Rhoad, Rice, Rodgers, Simrill, Stille, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon and Woodrum: A CONCURRENT RESOLUTION TO PROCLAIM THAT THE WOMAN CHOSEN AS MISS SOUTH CAROLINA SHALL SERVE AS THE OFFICIAL HONORARY HOSTESS OF THE STATE OF SOUTH CAROLINA DURING HER TERM AS MISS SOUTH CAROLINA.

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

H.3753 -- Rep.Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE EDWARD R. FRYE, JR., ADMINISTRATOR OF CLARENDON MEMORIAL HOSPITAL IN MANNING, ON HIS RECEIPT OF THE PRESTIGIOUS COMMUNITY SERVICE AWARD OF THE SOUTH CAROLINA HEALTH ALLIANCE.

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

REPORTS OF STANDING COMMITTEES

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

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