1995 Permanent Senate Journal Printed Pages 1600-1609 - 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 1590, Apr. 4 | Printed Page 1610, Apr. 5

Printed Page 1600 . . . . . Wednesday, April 5, 1995

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 14, 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

Local Appointment

Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Mr. Joseph McDomick, Jr., P.O. Box 126, Saint Helena Island, S.C. 29920

Received as information.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 22, 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

Local Appointment

Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Rita Ann Simmons, P.O. Box 22083, Hilton Head, S.C. 29925

Received as information.

Printed Page 1601 . . . . . Wednesday, April 5, 1995

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

Local Appointment

Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable George B. Brown, 137 Stuart Town Road, Beaufort, S.C. 29902

Received as information.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 24, 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

Local Appointment

Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Charles Louis Smith, P.O. Box 840, Bluffton, S.C. 29910

Received as information.

Printed Page 1602 . . . . . Wednesday, April 5, 1995

Point of Personal Interest

Senator DRUMMOND rose to a Point of Personal Interest.

Point of Personal Interest

Senator PASSAILAIGUE rose to a Point of Personal Interest.

Point of Personal Interest

Senator ROSE rose to a Point of Personal Interest.

Point of Personal Interest

Senator LEATHERMAN rose to a Point of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 698 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 17 SO AS TO LIMIT PROPERTY TAX MILLAGE INCREASES, INCLUDING A MILLAGE INCREASE TO OFFSET A PRIOR YEAR DEFICIT, TO NO MORE THAN THE PERCENTAGE INCREASE IN THE SOUTHEASTERN CONSUMER PRICE INDEX IN THE LATEST COMPLETED CALENDAR YEAR AND TO PROVIDE FOR EXCEPTIONS TO THE LIMITATION IN THE CASE OF MILLAGE FOR DEBT SERVICE APPROVED BY REFERENDUM, ANY OTHER MILLAGE APPROVED BY REFERENDUM, AND MILLAGE ATTRIBUTABLE TO PAY EXPENSES OF A NATURAL DISASTER OR TO OFFSET REDUCED STATE AID, IF APPROVED BY AT LEAST A TWO-THIRDS VOTE OF THE GOVERNING BODY AFTER NOTICE AND A PUBLIC HEARING.

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

S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

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

Printed Page 1603 . . . . . Wednesday, April 5, 1995

S. 700 -- Senators Leventis, Thomas, Leatherman, Peeler, Giese, Courtney, Lander, Greg Smith, Mescher and Waldrep: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7(A), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LIMITATION ON ANNUAL EXPENDITURES OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR AN ANNUAL TAX SUFFICIENT TO DEFRAY ESTIMATED EXPENSES FOR EACH YEAR AND TO PROVIDE THAT, IF THE ORDINARY EXPENSES EXCEED THE INCOME OF THE STATE FOR SUCH YEAR, THEN THE GENERAL ASSEMBLY SHALL PROVIDE FOR LEVYING A TAX IN THE ENSUING YEAR SUFFICIENT, WITH OTHER SOURCES OF INCOME, TO PAY THE DEFICIENCY OF THE PRECEDING YEAR TOGETHER WITH THE ESTIMATED EXPENSES OF THE ENSUING YEAR.

Senator LEVENTIS spoke on the Resolution.

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

S. 701 -- Senators Hayes, Wilson, Richter and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TEST OR BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE NUMBER OF TESTS THAT MAY BE ADMINISTERED AND THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S

Printed Page 1604 . . . . . Wednesday, April 5, 1995

LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES.

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

S. 702 -- Senators Hayes, Wilson, Richter and Martin: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE.

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

S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.

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

S. 704 -- Senators Land, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.

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

S. 705 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT

Printed Page 1605 . . . . . Wednesday, April 5, 1995

OF 1995 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO ESTABLISH AN ACADEMIC ENDOWMENT INCENTIVE TRUST FUND, THE DISBURSEMENTS FROM WHICH SHALL BE MATCHED BY THE STATE ON A FIFTY PERCENT BASIS TO PROVIDE FUNDS TO SUPPORT ACADEMIC SCHOLARSHIPS, NEED-BASED TUITION ASSISTANCE, ACADEMIC PROGRAMS SPECIFICALLY DEVELOPED TO IMPROVE THE QUALITY OF TEACHER EDUCATION AND FACULTY POSITIONS NECESSARY TO PROVIDE TEACHER EDUCATION IN AREAS DETERMINED TO BE OF CRITICAL NEED.

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

S. 706 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MRS. MARY "ZULA" BLACKWELL BAKER OF WARRENVILLE WHO DIED MONDAY, MARCH 13, 1995.

The Senate Resolution was adopted.

S. 707 -- Senator Courson: A SENATE RESOLUTION CONGRATULATING THE FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA'S INTERNATIONAL BUSINESS PROGRAM ON BEING RANKED THE NATION'S BEST BUSINESS PROGRAM FOR THE PAST SIX YEARS.

The Senate Resolution was adopted.

S. 708 -- Senators Alexander and Martin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROVIDE SUFFICIENT FUNDING OVER A FIVE-YEAR PERIOD FOR THE STATE OF SOUTH CAROLINA TO TAKE OVER THE OWNERSHIP AND OPERATION OF THE WALHALLA NATIONAL FISH HATCHERY IN OCONEE COUNTY WHICH THE UNITED STATES FISH AND WILDLIFE SERVICE OF THE DEPARTMENT OF INTERIOR IS SCHEDULED TO CLOSE IN NOVEMBER, 1995, OR IN THE ALTERNATIVE, CONGRESS IS REQUESTED TO CONTINUE TO PROVIDE SUFFICIENT FEDERAL FUNDING TO KEEP OPEN AND OPERATE THIS UNIQUE RESOURCE.

Whereas, the members of the General Assembly are very concerned to learn that beginning with its 1995-96 fiscal year, the federal government

Printed Page 1606 . . . . . Wednesday, April 5, 1995

will not provide funding for the continued operation of the Walhalla National Fish Hatchery in Oconee County; and

Whereas, this fish hatchery has been owned and operated by the federal government for over sixty years and is the sole source of trout used to stock the streams, lakes, and rivers of South Carolina; and

Whereas, the economic impact of closing this fish hatchery would be devastating to South Carolina and our adjoining sister states and would adversely impact the economy of the Upstate region of our State where many communities rely heavily on hunting and fishing and the tourism and sportsmen it brings; and

Whereas, the State of South Carolina is very desirous of taking over ownership and control of the Walhalla National Fish Hatchery if it is closed. However, because of the high initial cost, South Carolina would need a five-year transition period in which the federal government would provide funding for the State to take over this facility, and thereafter the cost of operating this facility would be solely the responsibility of the State; and

Whereas, the members of the General Assembly, by this resolution, declare their belief that this unique wildlife resource should be saved and maintained for the benefit of future generations, and that the alternatives to closing this facility as contained in this resolution should be utilized. Now, therefore,

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

That the members of the General Assembly, hereby memorialize the Congress of the United States to provide sufficient funding over a five-year period for the State of South Carolina to take over the ownership and operation of the Walhalla National Fish Hatchery in Oconee County which the United States Fish and Wildlife Service of the Department of Interior is scheduled to close in November, 1995, or in the alternative, Congress is requested to continue to provide sufficient federal funding to keep open and operate this unique resource.

Be it further resolved that copies of this resolution be forwarded to the United States Senate, the United States House of Representatives, and the members of South Carolina's Congressional Delegation.

Referred to the Committee on Fish, Game and Forestry.

H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn,

Printed Page 1607 . . . . . Wednesday, April 5, 1995

Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.

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

H. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith, Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.

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

REPORTS OF STANDING COMMITTEES

Senator WILLIAMS from the Committee on Judiciary polled out H. 3736 favorable:

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE

Printed Page 1608 . . . . . Wednesday, April 5, 1995

GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

Poll of the Judiciary Committee on H. 3736
Ayes 12; Nays 0; Not Voting 6

AYES

Williams          Holland          McConnell

Wilson            Stilwell         Moore

Russell           Rose             Courtney

Cork              Jackson          Lander

TOTAL--12

NAYS

TOTAL--0

NOT VOTING
Saleeby Bryan Ford
Glover Gregory Martin

TOTAL--6

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. School for Deaf and Blind to attend a luncheon in Room 211, Blatt Building on Wednesday, April 26, 1995, immediately upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

Printed Page 1609 . . . . . Wednesday, April 5, 1995

AYES

Courson           Wilson           Matthews

Thomas            Patterson        RussellPassailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING
Peeler O'Dell Rose

TOTAL--3

Order for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Junior Golf Association to attend a reception at the Moore Building, State Fairgrounds on Wednesday, April 26, 1995, from 6:00 until 9:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           Matthews

Thomas            Patterson        RussellPassailaigue

TOTAL--7

NAYS

TOTAL--0

Printed Page 1590, Apr. 4 | Printed Page 1610, Apr. 5

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