Senate Journal for Feb. 2, 2000 - South Carolina Legislature Online

WEDNESDAY, FEBRUARY 2, 2000

Wednesday, February 2, 2000

(Statewide Session)

Indicates Matter Stricken

Indicates New Matter

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

A quorum being present, the proceedings were opened with a devotion by Bishop Robert J. Baker, Bishop of the Diocese of Charleston, as follows:

Let us pray.

Loving God, You have blessed us with great freedom, a strong economy, abundant natural resources and a generous and loving people.

It is with faith and hope that we ask You today, Lord, to help us find ways to use those among us who are strong and help those who are weak.

Show those who are blessed with financial wealth ways to include the poor and vulnerable in our economic prosperity.

Guide us with Your wisdom and spirit of generosity so that we may continue to effectively fulfill the mandate of Your teachings.

We beseech Your justice of right and wrong in our society to find common ground on the many issues which divide the people of our great State.

This day, this week, this year, this century, we place ourselves in your care, O Lord, as we face the challenge of leadership and we turn often to You for your guidance, wisdom, courage and compassion.

Bless divinely the men and women in this assembly who are Your partners in service in the State of South Carolina in the beginning of the new millenium.

Amen.

Call of the Senate

Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander Anderson Bauer

Branton Bryan Courson

Courtney Drummond Elliott

Fair Ford Giese

Glover Gregory Grooms

Hayes Holland Hutto

Jackson Land Leatherman

Leventis Martin Matthews

McConnell McGill Mescher

Moore O'Dell Passailaigue

Patterson Peeler Rankin

Ravenel Reese Richardson

Russell Ryberg Saleeby

Setzler Short Smith, J. Verne

Thomas Waldrep Washington

A quorum being present, the Senate resumed.

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1999, and to expire March 21, 2004:

At-Large:

Anna Dozier-Kelly, 881 McDonald Rd., Georgetown, S.C. 29440 VICE James E. Whitford

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1997, and to expire March 21, 2002:

4th Congressional District:

Keith Joseph Marrero, AMI Architects, 206 East Coffee Street, Greenville, S.C. 29601 VICE Lisa H. Stevens

Referred to the Committee on Medical Affairs.

Doctor of the Day

Senator LEVENTIS introduced Dr. C. Tucker Weston of Columbia, S.C., Doctor of the Day.

Leave of Absence

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

RECALLED

S.929 -- Senators Courson, Wilson, Passailaigue, Setzler, Reese, Grooms, Hayes, Branton and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 811675 SO AS TO PROVIDE THAT STATE AGENCIES OR DEPARTMENTS HAVING EMPLOYEES LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR BECAUSE OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS MAY NOT REQUIRE THOSE EMPLOYEES TO MAKE UP TIME LOST FROM WORK, TO PROVIDE THAT EMPLOYEES OF THE STATE OF SOUTH CAROLINA LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR AS A RESULT OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS ARE NOT REQUIRED UNDER THE HAZARDOUS WEATHER POLICY TO MAKE UP TIME LOST FROM WORK, AND TO PROVIDE FOR COMPENSATORY TIME FOR CERTAIN EMPLOYEES.

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

There was no objection.

On motion of Senator COURSON, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED

H.4478 -- Rep.Fleming: A BILL TO AMEND SECTION 77510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN UNION COUNTY, SO AS TO DELETE THE LOCATIONS OF THE POLLING PLACES AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTION AND REGISTRATION OF UNION COUNTY WITH THE APPROVAL OF A MAJORITY OF THE UNION COUNTY LEGISLATIVE DELEGATION, AND DESIGNATE A MAP NUMBERED ON WHICH LINES OF THE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

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

There was no objection.

On motion of Senator PEELER, with unanimous consent, the Bill was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S.1100 -- Senators Leatherman, Peeler, Ryberg, Courtney, Richardson, Bauer, Waldrep and Branton: A BILL TO AMEND SECTION 591420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD FIVE ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 20002001 AND TO PROVIDE THAT ALL SUCH DAYS MUST BE USED FOR TEACHER DEVELOPMENT AND TRAINING WITH TEACHERS AND ADMINISTRATORS TO BE COMPENSATED FOR THESE ADDITIONAL DAYS.

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

S.1101 -- Senators Leatherman, Peeler, Ryberg, Mescher, Richardson, Courtney, McConnell, Courson, Ravenel, Grooms, Giese, Hayes, Branton, Gregory, Bauer and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 592545 SO AS TO PROVIDE THAT ANY TEACHER WHO EARNS NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) CERTIFICATION SHALL RECEIVE WHILE TEACHING AN ANNUAL INCREASE IN PAY FROM STATE APPROPRIATED FUNDS OF TEN THOUSAND DOLLARS A YEAR FOR THE LIFE OF THE CERTIFICATE, AND TO PROVIDE THAT THE TWO THOUSAND DOLLAR COST TO OBTAIN THIS CERTIFICATION ALSO SHALL BE REIMBURSED TO TEACHERS FROM STATEAPPROPRIATED FUNDS.

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

S.1102 -- Senators Leatherman, Peeler, Ryberg, Mescher, Grooms, Courtney, McConnell, Courson, Ravenel, Richardson, Hayes, Gregory, Waldrep, Branton and Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 592635 SO AS TO PROVIDE THAT A PERSON NOT CERTIFIED TO TEACH IN THIS STATE WHO POSSESSES PARTICULAR EXPERTISE IN A SUBJECT AREA OF CRITICAL NEED OR IN OTHER SUBJECT AREAS AS DETERMINED BY THE STATE DEPARTMENT OF EDUCATION MAY BE AWARDED A CONDITIONAL TEACHING CERTIFICATE FOR UP TO THREE YEARS UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THESE TEACHERS SHALL BE KNOWN AND CLASSIFIED AS “EXECUTIVE TEACHERS”.

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

S.1103 -- Senators Leatherman, Peeler, Ryberg, Mescher, Richardson, Courtney, McConnell, Courson, Ravenel, Giese, Hayes, Grooms, Waldrep, Bauer and Branton: A BILL TO AMEND SECTION 592050, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL FINANCIAL REQUIREMENTS AND THE STATE’S MINIMUM TEACHER SALARY SCHEDULE, SO AS TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 20002001, THE AVERAGE COMPENSATION FOR TEACHERS AS DETERMINED THROUGH ADJUSTMENTS IN THE STATE’S MINIMUM SALARY SCHEDULE MUST BE AT LEAST THIRTYEIGHT THOUSAND DOLLARS.

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

S.1104 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 911735 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM MAY ESTABLISH SERVICE CREDIT FOR TEACHING IN A PRIVATE SCHOOL, COLLEGE, OR UNIVERSITY WHICH MEETS THE ACCREDITATION STANDARDS OF ITS REGIONAL ACCREDITATION ASSOCIATION IN THE SAME MANNER AND AT THE SAME COST THAT CREDIT MAY BE ESTABLISHED FOR “OUTOFSTATE SERVICE”.

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

S.1105 -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

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

S.1106 -- Senator Ford: A BILL TO AMEND SECTIONS 491210 AND 51710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AND MUNICIPAL BALLOT INITIATIVES, SO AS TO REQUIRE THAT A BALLOT INITIATIVE MUST BE REQUESTED BY AT LEAST FIVE PERCENT OF THE QUALIFIED ELECTORS OF A COUNTY AND AT LEAST TEN PERCENT OF THE REGISTERED VOTERS OF A MUNICIPALITY.

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

S.1107 -- Senator Courtney: A BILL TO AMEND SECTION 22070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING NONJUDICIAL CANDIDATES ELECTED BY THE GENERAL ASSEMBLY FROM THE PRIVILEGE OF THE FLOOR OF EITHER HOUSE OF THE GENERAL ASSEMBLY UNDER CERTAIN CONDITIONS, SO AS TO INCLUDE CURRENT OR FORMER MEMBERS OF THE GENERAL ASSEMBLY WITHIN THE PROHIBITION.

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

S.1108 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS’ COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEY’S FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S.1109 -- Senators Moore, Short, Reese, Leatherman, Wilson, Courtney, Waldrep, Drummond, Land, O'Dell, McConnell, Peeler, Thomas, Mescher, Bryan, Holland, McGill, Elliott, Giese, Courson, Passailaigue, Branton, Fair, Anderson, Hayes, Washington, Ravenel, Richardson, Bauer, Grooms, Saleeby and Rankin: A JOINT RESOLUTION TO PROVIDE THAT AT THE DISCRETION OF THE APPROPRIATE LOCAL SCHOOL BOARD, UP TO FIVE SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 19992000, WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER, ARE 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.

On motion of Senator SHORT, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H.4484 -- Rep.Clyburn: A JOINT RESOLUTION TO PROVIDE THAT ANY SCHOOL DAYS MISSED IN 1999 BY THE STUDENTS OF ANY SCHOOL OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY DURING SCHOOL YEAR 19992000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED ARE 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.

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

H.4515 -- Rep.Fleming: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OFFICER WAYNE HUTCHERSON OF UNION COUNTY UPON THE OCCASION OF BEING SELECTED AS WILDLIFE OFFICER OF THE YEAR FOR DISTRICT SEVEN.

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

H.4516 -- Reps. Carnell, Stille and Klauber: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. DON L. PEOPLES OF WARE SHOALS UPON HIS DEATH.

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

H.4522 -- Rep.Fleming: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. W. BAILEY GREER OF UNION UPON HIS DEATH.

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

REPORTS OF STANDING COMMITTEES

Invitations Accepted