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 1190, Mar. 28 | Printed Page 1210, Mar. 29 |

Printed Page 1200 . . . . . Wednesday, March 29, 1995

Statewide Appointment

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

At-Large:

Ms. Judith W. Cooter, 700 McDaniel Avenue, Greenville, S.C. 29605 VICE John Whitehead

Referred to the General Committee.

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 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, South Carolina Commission on Archives and History, with term to commence February 7, 1995, and to expire coterminous with the Governor:

At-Large:

Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, S.C. 29512

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 3, 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.


Printed Page 1201 . . . . . Wednesday, March 29, 1995

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, Board of Health and Environmental Control, with term to commence June 30, 1993, and to expire June 30, 1997:

2nd Congressional District:

Mr. Brian K. Smith, 412 Oak Brook Drive, Columbia, S.C. 29223 VICE John Hay Burriss (as 2nd Congressional District member)

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 6, 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

Statewide Appointments

Initial Appointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1995, and to expire May 31, 1998:

Appraiser:

Mr. Herbert R. Sass, III, 719 Milldenhall Road, Mt. Pleasant, S.C. 29464 VICE Robert O. Lighthart, Jr.

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:

4th Congressional District:

Mr. Michael R. Watkins, 14 Bransfield Road, Greenville, S.C. 29615 VICE Anthony D. Bell

Referred to the Committee on Judiciary.


Printed Page 1202 . . . . . Wednesday, March 29, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 7, 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, State Human Affairs Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

5th Congressional District:

Mr. Robert A. Reagan, 2441 Jerico Road, Sumter, S.C. 29153 VICE Suzanne Smith

Referred to the Committee on Judiciary.

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

Reappointment, Commission on Women, with term to commence October 18, 1995, and to expire October 18, 1999:

At-Large:

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


Printed Page 1203 . . . . . Wednesday, March 29, 1995

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 23, 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, South Carolina Arts Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Larry F. Lebby, 32 DeLane Drive, Columbia, S.C. 29204

Referred to the General Committee.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1818
Promulgated by LLR - Board of Accountancy
Experience while obtaining required education; reinstatement of license after revocation; form of organization and name
Received by Lt. Governor March 24, 1995
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date February 28, 1996

Document No. 1848
Promulgated by Department of Health and Environmental Control
Emergency Medical Services
Received by Lt. Governor March 27, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date March 2, 1996


Printed Page 1204 . . . . . Wednesday, March 29, 1995

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1811
Promulgated by Department of Health and Environmental Control
Public Swimming Pools
Received by Lt. Governor January 24, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 24, 1995
Withdrawn and resubmitted March 24, 1995

Doctor of the Day

Senator RUSSELL introduced Dr. Harry Kinard of Spartanburg, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PASSAILAIGUE, at 12:15 P.M., Senator RICHTER was granted a leave of absence for today.

Motion to Ratify Adopted

At 12:00 Noon, Senator PASSAILAIGUE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M.

There was no objection and a message was sent to the House accordingly.

RECALLED AND COMMITTED

S. 331 -- Senator Wilson: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection.


Printed Page 1205 . . . . . Wednesday, March 29, 1995

Committed

On motion of Senator MOORE, with unanimous consent, the Bill was committed to the Committee on Finance.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

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

S. 678 -- Senators Lander, Leventis, Elliott, Gregory, Matthews and Waldrep: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

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

S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER


Printed Page 1206 . . . . . Wednesday, March 29, 1995

7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.

Read the first time and referred to the General Committee.

S. 680 -- Senators Leventis, Ryberg, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Senators LEVENTIS, DRUMMOND, WASHINGTON and ROSE spoke on the Bill.

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

S. 681 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

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

S. 682 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-220 SO AS TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN PERSONS TO CARRY CONCEALED WEAPONS OR FIREARMS; TO PROVIDE DEFINITIONS; AND TO PROVIDE PENALTIES.

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

S. 683 -- Senator Courson: A JOINT RESOLUTION TO AMEND ARTICLE V, SECTION 15 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS FOR THE CHIEF JUSTICE, ASSOCIATE JUSTICES OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS OR JUDGE OF THE


Printed Page 1207 . . . . . Wednesday, March 29, 1995

CIRCUIT COURT, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO SPECIFY QUALIFICATIONS.

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

S. 684 -- Senator Wilson: A BILL TO AMEND SECTION 25-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ADJUTANT GENERAL, SO AS TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR FOR A TERM OF FOUR YEARS COTERMINOUS WITH THAT OF THE GOVERNOR, AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT TO SECTION 7, ARTICLE VI AND SECTION 4, ARTICLE XIII OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE ADJUTANT GENERAL BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE.

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

S. 685 -- Senators Land, Holland, Bryan, Giese, J. Verne Smith, Wilson, Greg Smith, Hayes, Saleeby, Moore, Courson, Courtney, Jackson, Rankin, Martin, Thomas, Williams, Patterson, McConnell, Russell, Waldrep and Cork: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL CIRCUITS SO AS TO INCREASE THE AT-LARGE NUMBER OF JUDGES FROM TEN TO THIRTEEN; TO AMEND SECTION 14-8-10, RELATING TO THE COURT OF APPEALS, SO AS TO INCREASE THE NUMBER OF ASSOCIATE JUDGES FROM FIVE TO EIGHT; TO AMEND SECTION 14-8-80, RELATING TO PANELS ON THE COURT OF APPEALS SO AS TO INCREASE THE NUMBER OF PANELS FROM TWO TO THREE; TO AMEND SECTION 14-8-90, RELATING TO THE COURT OF APPEALS SITTING EN BANC SO AS TO CONFORM TO THE INCREASE IN THE NUMBER OF ASSOCIATE JUDGES; TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO INCREASE THE NUMBER OF JUDGES IN THE NINTH AND THIRTEENTH CIRCUITS FROM FOUR TO FIVE AND TO INCREASE THE NUMBER IN THE FIFTEENTH CIRCUIT FROM TWO TO THREE; TO PROVIDE THAT THE TERMS OF ALL JUDGES ADDED BY THIS ACT BEGIN JANUARY 1, 1996; AND TO


Printed Page 1208 . . . . . Wednesday, March 29, 1995

PROVIDE THAT THE TERMS OF THE ASSOCIATE JUDGES OF THE COURT OF APPEALS ADDED BY THIS ACT ARE STAGGERED.

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

S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.

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

S. 687 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, 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.

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO


Printed Page 1209 . . . . . Wednesday, March 29, 1995

THE FUND;TO AMEND THE 1976 CODE BY ADDING SECTION12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

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

REPORTS OF STANDING COMMITTEES

Senator WILSON from the General Committee submitted a favorable report on:

S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.

Ordered for consideration tomorrow.

Senator WILSON from the General Committee submitted a favorable report on:

S. 599 -- Senator Thomas: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE


Printed Page 1210 . . . . . Wednesday, March 29, 1995

THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.

Ordered for consideration tomorrow.


| Printed Page 1190, Mar. 28 | Printed Page 1210, Mar. 29 |

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