1995 Permanent Senate Journal Printed Pages 1010-1020 - South Carolina Legislature Online

Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

Printed Page 1000, Mar. 15 | Printed Page 1020, Mar. 16

Printed Page 1010 . . . . . Thursday, March 16, 1995

Presence Recorded

Senators BRYAN and LEATHERMAN recorded their presence subsequent to the Call of the Senate.

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

Message from the House
Columbia, S.C., March 15, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 14, H. 3218 by a vote of 3 to 0:
(R14) H. 3218 -- Rep. Askins: AN ACT TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R14) H. 3218 -- Rep. Askins: AN ACT TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING

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ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.

The veto of the Governor was taken up for immediate consideration.

Senator McGILL moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Ayes 40; Nays 0

AYES

Alexander         Cork             Courson

Courtney          Drummond         Elliott

Ford              Giese            Glover

Hayes             Jackson          Land

Lander            Leventis         Martin

Matthews          McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Russell          Ryberg

Saleeby           Setzler          Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Wilson

TOTAL--40

NAYS

TOTAL--0

The necessary two-thirds vote having been received, the veto by the Governor was overridden, and a message was sent to the House accordingly.

Printed Page 1012 . . . . . Thursday, March 16, 1995

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1853
Promulgated by Commission on Higher Education
Licensing Nonpublic Postsecondary Institutions
Received by Lt. Governor March 8, 1995
Referred to Senate Committee on Education
120 day review expiration date February 12, 1996

Doctor of the Day

Senator McCONNELL introduced Dr. Bart Barone of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PEELER, at 11:20 A.M., Senator LEATHERMAN was granted a leave of absence until 12:15 P.M.

Leave of Absence

On motion of Senator MOORE, at 11:00 A.M., Senator HOLLAND was granted a leave of absence for today.

Message from the House
Columbia, S.C., March 15, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT

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217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.

Read the first time and referred to the Committee on Banking and Insurance.

S. 643 -- Senator Thomas: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE LAW, ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION THAT IF AN INSURED OR NAMED INSURED IS PROTECTED BY UNINSURED OR UNDERINSURED MOTORIST COVERAGE IN EXCESS OF THE BASIC LIMITS, THE POLICY SHALL PROVIDE THAT THE INSURED OR NAMED INSURED IS PROTECTED ONLY TO THE EXTENT OF THE COVERAGE HE HAS ON THE VEHICLE INVOLVED IN AN ACCIDENT; AND TO AMEND THE 1976 CODE

Printed Page 1014 . . . . . Thursday, March 16, 1995

BY ADDING SECTION 38-77-162 SO AS TO DEFINE "CLASS I INSURED" AND "CLASS II INSURED" AND PROVIDE, AMONG OTHER THINGS, THAT CLASS I INSUREDS MAY STACK UNINSURED OR UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS ON THE VEHICLE INVOLVED IN AN ACCIDENT AND THAT CLASS II INSUREDS MAY NOT STACK UNINSURED OR UNDERINSURED MOTORIST COVERAGE AND MAY COLLECT ONLY SUCH COVERAGE ON THE VEHICLE THEY ARE OCCUPYING AND ONE ENDORSEMENT FROM ANY OF THE INSURED'S PERSONAL POLICIES.

Read the first time and referred to the Committee on Banking and Insurance.

S. 644 -- Senator Leventis: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".

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

S. 645 -- Senators Drummond and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.

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

S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.

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

Printed Page 1015 . . . . . Thursday, March 16, 1995

S. 647 -- Senators Washington, Ford, McConnell, Passailaigue, Richter, Rose and Greg Smith: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WILLIAM J. KNOWLES OF CHARLESTON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HIS RETIREMENT.

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

S. 648 -- Senator J. Verne Smith: A SENATE RESOLUTION TO OFFER BEST WISHES AND HEARTFELT CONGRATULATIONS TO MR. BLAKELY KIM PLUMLEY FOR BEING SELECTED AS ONE OF THE SIX BEST SENATORS DURING THE 25TH ANNUAL MODEL UNITED STATES SENATE CONFERENCE.

The Senate Resolution was adopted.

H. 3804 -- Reps. Tucker and Tripp: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DONALD GUY LEE OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3805 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE WILLISTON-ELKO BLUE DEVILS BOYS BASKETBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.

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

H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.

Whereas, the Horseneck Community Center in Lexington County is opening its doors Sunday, March 19, 1995, after many months of labor on the part of the citizens of the community, Lexington County officials, and the Lexington County Recreation Commission; and

Printed Page 1016 . . . . . Thursday, March 16, 1995

Whereas, this center is the result of a labor of love from a community filled with spirit and a sense of cooperation; and

Whereas, Lexington County officials, citizens, and the Lexington County Recreation Commission are to be commended for the many hours of labor necessary for the culmination of this community project and for the dedication and tradition of volunteerism that made this project a reality for the Horseneck Community. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, recognize the Horseneck Community on Sunday, March 19, 1995, upon the occasion of its dedication and open house of the Horseneck Community Center and express deep appreciation to the many citizens, Lexington County officials, and the Lexington County Recreation Commission for their combined efforts in making this project a reality.

Be it further resolved that a copy of this resolution be presented to the Horseneck Community Center.

Referred to the Committee on Invitations.

H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.

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

H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART

Printed Page 1017 . . . . . Thursday, March 16, 1995

BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

The Bill was read the first time.

Objection

Senator RANKIN asked unanimous consent that the Bill be placed on the Calendar without reference.

Senator McCONNELL objected.

Senator RANKIN moved to refer the Bill to the Committee on Transportation.

Senator PASSAILAIGUE spoke on the motion.

The question was presented to the Senate.

A voice vote was ordered.

Senator PASSAILAIGUE moved to refer the Bill to the Committee on Finance.

Point of Order

Senator RANKIN raised a Point of Order that the motion made by Senator PASSAILAIGUE was out of order inasmuch as the pending motion before the body was the motion to refer H. 3666 to the Committee on Transportation and, further, stated that the motion came too late.

The PRESIDENT sustained the Point of Order.

The question then was the motion to refer the Bill to the Committee on Transportation.

Senator PASSAILAIGUE requested a division vote of the Senate.

A division vote was taken, resulting in a vote of 17-4.

The Bill was referred to the Committee on Transportation.

Senator PASSAILAIGUE, with unanimous consent, was granted leave to speak on the Bill.

Senator DRUMMOND, with unanimous consent, was granted leave to speak on the Bill.

Printed Page 1018 . . . . . Thursday, March 16, 1995

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

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

H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

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

H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.

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

REPORTS OF STANDING COMMITTEES

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 67 -- Senators McConnell, Rose, Reese and Courson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.