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

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| Printed Page 1170, Mar. 23 | Printed Page 1190, Mar. 28 |

Printed Page 1180 . . . . . Tuesday, March 28, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 27, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, Board of Health and Environmental Control, with term to commence June 30, 1995, and to expire June 30, 1999:

6th Congressional District:

Mr. Roger Leaks, Jr., 4519 Robney Drive, Columbia, S.C. 29209

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 2, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointments, Darlington County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable E. Preston Warr, 1317 Cartersville Highway, Lamar S.C. 29069

Honorable Clarence L. James, P.O. Box 447, Society Hill, S.C. 29593


Printed Page 1181 . . . . . Tuesday, March 28, 1995

The Honorable William Cleveland Morris, 202 East Richardson Circle, Hartsville, S.C. 29550

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 15, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, Commission on Women, with term to commence October 18, 1991, and to expire October 18, 1995:

At-Large:

Ms. Kathryn M. Kling, 1358 Forest Hill Drive, Aiken, S.C. 29801 VICE Sarah S. Rogers

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 20, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley


Printed Page 1182 . . . . . Tuesday, March 28, 1995

Local Appointment

Reappointment, Darlington County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Winfred L. Flowers, P.O. Box 782, Darlington, S.C. 29532

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 28, 1995
Mr. President and Members of the Senate:

Due to the resignation of the nominee, I respectfully request withdrawal from your consideration the appointment below.

Respectfully,
David M. Beasley

Withdrawal of Local Appointment

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence July 13, 1994, and to expire June 30, 1996:

Chairman:

Mr. C. Ronald Coward, 3045 Ashley Phosphate Road, North Charleston, S.C. 29418

Referred to the Committee on Labor, Commerce and Industry.

REGULATION RECEIVED

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

Document No. 1854
Promulgated by Board of Education
Types and Levels of Credential Classification
Received by Lt. Governor March 16, 1995
Referred to Senate Committee on Education
120 day review expiration date February 20, 1996


Printed Page 1183 . . . . . Tuesday, March 28, 1995

Doctor of the Day

Senator DRUMMOND introduced Dr. Julius (Juke) Leary of Greenwood, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PASSAILAIGUE, at 11:30 A.M., Senator RICHTER was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 667 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-3 SO AS TO PROVIDE OBJECTIVES FOR THE ACADEMIC ACHIEVEMENT STANDARDS HEREINAFTER ESTABLISHED; TO ADD SECTION 59-30-5 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION, WORKING WITH THE SOUTH CAROLINA EDUCATION STANDARDS AND ASSESSMENT COMMISSION, SHALL ADOPT CERTAIN ACADEMIC ACHIEVEMENT STANDARDS AND SHALL ESTABLISH AN ASSESSMENT SYSTEM TO MEASURE STUDENT PROGRESS IN MEETING THE ACADEMIC ACHIEVEMENT STANDARDS; TO ADD SECTION 59-30-7 SO AS TO PROVIDE FOR DEFINITIONS IN REGARD TO THESE STANDARDS AND THE ASSESSMENT SYSTEM; TO AMEND SECTION 59-30-10, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED ASSESSMENT SYSTEM AND FOR ACADEMIC ACHIEVEMENT STANDARDS; TO AMEND SECTION 59-30-15, RELATING TO TESTING ARRANGEMENTS FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DISCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS, MAY USE A CALCULATOR ON THE MATHEMATICS PORTION OF THE EXIT EXAM; TO ADD SECTION 59-30-17 SO AS TO PROVIDE FOR THE DUTIES AND FUNCTIONS OF THE STATE BOARD OF EDUCATION IN CARRYING OUT THE ABOVE PROVISIONS; TO AMEND SECTION 59-30-20, AS AMENDED, RELATING TO THE BASIC SKILLS ADVISORY COMMISSION, SO AS TO RENAME IT THE EDUCATION STANDARDS AND ASSESSMENT COMMISSION, RECONSTITUTE ITS MEMBERSHIP AND DUTIES, REVISE ITS


Printed Page 1184 . . . . . Tuesday, March 28, 1995

TERMINATION DATE, AND PROVIDE FOR A TECHNICAL ADVISORY GROUP; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF LOCAL SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE ASSESSMENT SYSTEM AND THE ACADEMIC ACHIEVEMENT STANDARDS; TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE ASSESSMENT SYSTEM AND ACADEMIC ACHIEVEMENT STANDARDS; TO AMEND SECTION 59-30-80, RELATING TO NOTIFICATION TO PARENTS OF A STUDENT'S FAILURE TO MEET CERTAIN STANDARDS, SO AS TO REVISE REFERENCES; AND TO ADD SECTION 59-30-95 SO AS TO PROVIDE THAT TEACHER EDUCATION INSTITUTIONS MUST WORK WITH THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION TO INCORPORATE THE TEACHING OF CURRICULUM, INSTRUCTION, AND ASSESSMENT IN PRE-SERVICE EDUCATION AND PROFESSIONAL DEVELOPMENT; AND TO AMEND SECTION 59-65-40, RELATING TO HOME SCHOOLING PROGRAMS, SO AS TO REQUIRE THESE STUDENTS TO PARTICIPATE IN THE ASSESSMENT SYSTEM ON A SPECIFIED BASIS.

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

S. 668 -- Senator Gregory: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO INCREASE THE AMOUNT OF JUDGMENTS ON RECOGNIZANCE A MAGISTRATE MAY CONFIRM TO FIVE HUNDRED DOLLARS PLUS FEES AND ASSESSMENTS.

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

S. 669 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.

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


Printed Page 1185 . . . . . Tuesday, March 28, 1995

S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.

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

S. 671 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND JULIE HEDBERG SHAFFER, A TEACHER AT DUBOSE MIDDLE SCHOOL IN SUMMERVILLE, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 672 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND DONNA KURTZMAN, A TEACHER AT NORTH MYRTLE BEACH MIDDLE SCHOOL IN LITTLE RIVER, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 673 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND KATHLEEN ELAM, A TEACHER AT Z. L. MADDEN ELEMENTARY SCHOOL IN SPARTANBURG, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 674 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND CYNTHIA PRIDE, A TEACHER AT McCRACKEN MIDDLE SCHOOL IN HILTON HEAD, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.


Printed Page 1186 . . . . . Tuesday, March 28, 1995

S. 675 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND OLIVIA ORTMANN, A TEACHER AT BATES MIDDLE SCHOOL IN SUMTER, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

S. 676 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND JEANNE C. SINK, A TEACHER AT ST. ANDREWS HIGH SCHOOL IN CHARLESTON, UPON BEING AWARDED A CERTIFICATE BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS RECOGNIZING HER ACHIEVEMENTS AND ACCOMPLISHMENTS AS A PROFESSIONAL EDUCATOR.

The Senate Resolution was adopted.

H. 3851 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MICHELLE SCHWENDIMANN OF INMAN FOR BEING SELECTED AS A FINALIST IN THE 1995-96 CONGRESS-BUNDESTAG YOUTH EXCHANGE PROGRAM AND TO WISH FOR HER A VERY REWARDING AND CHALLENGING SCHOOL YEAR IN GERMANY.

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

H. 3865 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT


Printed Page 1187 . . . . . Tuesday, March 28, 1995

RESOLUTION RECOGNIZING AND SUPPORTING NATIONAL FAIR HOUSING MONTH, APRIL 1995, IN SOUTH CAROLINA.

Whereas, April 1995, is National Fair Housing Month; and

Whereas, the purpose of Fair Housing Month is to recognize, support, and encourage the right of every person, regardless of race, color, creed, gender, or national origin, to purchase and live in the housing of his choice and to have the affordability to decide where to live; and

Whereas, the Greater Columbia Community Relations Council has a full agenda planned for Fair Housing Month, including a poster contest on April 6, 1995, with posters submitted by students from Richland School Districts One and Two depicting what fair housing means to children; and

Whereas, the National Association of Real Estate Brokers, founded in 1947 for the purpose of providing democracy in housing, under its present leadership, National President Larry Cameron of Atlanta, Georgia, joins in participation with The South Carolina Chapter of The National Association of Real Estate Brokers in a partnership with the Greater Columbia Community Relations Council in recognizing Realtist Week and Fair Housing Month; and

Whereas, among many other activities, there will also be a Housing Fair held at Seawell's Restaurant in Columbia on April 29, 1995; and

Whereas, the purpose of Fair Housing Month is laudatory and deserves recognition and support by the people of South Carolina. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes and supports National Fair Housing Month, April 1995, in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the appropriate officials or organizations planning and holding celebrations of Fair Housing Month.

Referred to the Committee on Labor, Commerce and Industry.

H. 3117 -- Reps. Cato, Riser and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

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

H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill,


Printed Page 1188 . . . . . Tuesday, March 28, 1995

McKay, J. Harris,Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.

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

H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody- Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

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

H. 3665 -- Reps. Gamble, Cato, Worley, G. Brown and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 1189 . . . . . Tuesday, March 28, 1995

1976, BY ADDING SECTION 12-36-933 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

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

REPORTS OF STANDING COMMITTEE

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION


Printed Page 1190 . . . . . Tuesday, March 28, 1995

DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.


| Printed Page 1170, Mar. 23 | Printed Page 1190, Mar. 28 |

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