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 1680, Apr. 11 | Printed Page 1700, Apr. 12 |

Printed Page 1691 . . . . . Tuesday, April 11, 1995

Senator SALEEBY spoke on the Bill.

Senator PASSAILAIGUE was recognized to speak on the Bill.

With Senator PASSAILAIGUE retaining the floor, Senator SALEEBY asked unanimous consent to make a motion that the Senate stand adjourned.

Debate was interrupted by adjournment, Senator PASSAILAIGUE retaining the floor.

MOTION ADOPTED

On motion of Senator WASHINGTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Elizabeth Taylor Simmons of Charleston, S.C., who passed away at the age of 107 years.

ADJOURNMENT

At 1:25 P.M., on motion of Senator SALEEBY, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 1692 . . . . . Wednesday, April 12, 1995

Wednesday, April 12, 1995

(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 PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from the Epistle to the Hebrews, Chapter 3 (vv.4-5):

"For every house is built by someone,

but the builder of all things is

God.

Now Moses was faithful in all God's

house as a servant..."
Let us pray.

We know, O Lord, that this domed house of granite is a house of God just as surely as any synagogue, or temple, or church, or cathedral.

We worship here in labor and prayer.

Forgive us when we sometimes try to separate the secular from the sacred, thinking that God is concerned only with the sacred.

Teach us, Heavenly Father, to know that every hour is sacred, and every area of life is sacred, and we are but workers, servants, like Moses, in Your vineyard.

Help us to be like Moses, faithful as servants.

Amen.

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

Doctor of the Day

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Message from the House

Columbia, S.C., April 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the initial appointment:


Printed Page 1693 . . . . . Wednesday, April 12, 1995

STATEWIDE APPOINTMENT

Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1993, and to expire July 1, 1997:

6th Congressional District:

Mr. Harry Everett Thomas, Jr., 1008 Woodstone Drive, Florence, S.C. 29501-5555

Very respectfully,
Speaker of the House

Received as information.

Motion Adopted

Senator WILLIAMS asked unanimous consent to make a motion that when the Senate stands adjourned, that it stand adjourned to meet tomorrow at 10:00 A.M. in Statewide Session, under the provisions of Rule 1 for the exclusive purpose of taking up local matters and uncontested statewide matters which have previously received unanimous consent to be taken up; and, further, that no quorum calls will be made; and, that when the Senate stands adjourned on Thursday, it stand adjourned to reconvene on Tuesday, April 18, 1995, at 12:00 Noon.

There was no objection and the motion was adopted.

Motion Adopted

On motion of Senator WILLIAMS, with unanimous consent, the Senate staff was granted a holiday on Good Friday, April 14, 1995.

Motion Adopted

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 735 -- Senator Bryan: A BILL TO AMEND SECTION 38-71-737, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR COVERAGE OF PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES, SO AS TO INCREASE MINIMUM BENEFITS ON AN OPTIONAL RIDER OR ENDORSEMENT FOR A GROUP HEALTH INSURANCE POLICY.

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


Printed Page 1694 . . . . . Wednesday, April 12, 1995

S. 736 -- Senator Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-370 SO AS TO PROVIDE THAT A STATE-SUPPORTED COLLEGE OR UNIVERSITY MAY NOT ELIMINATE AN INSTITUTE OR RESEARCH CENTER UNDER ITS JURISDICTION, OR REDUCE THE FISCAL SUPPORT AN INSTITUTE OR RESEARCH CENTER RECEIVES FROM THE COLLEGE OR UNIVERSITY IN ANY FISCAL YEAR BY MORE THAN A STIPULATED PERCENTAGE, WITHOUT THE CONSENT OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION.

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

S. 737 -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-26 SO AS TO PROVIDE THAT CHILDREN WHO WILL ATTAIN THE AGE OF FIVE AFTER SEPTEMBER FIRST BUT ON OR BEFORE NOVEMBER FIRST MAY ATTEND PUBLIC KINDERGARTEN UNDER CRITERIA DEVELOPED BY THE STATE BOARD OF EDUCATION.

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

S. 738 -- Senators Holland, Land and Courtney: A BILL TO AMEND SECTION 14-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF SALARIES OF SUPREME COURT JUSTICES, COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT JUDGES, AND CIRCUIT SOLICITORS, SO AS TO INCREASE THE SALARIES OF CIRCUIT SOLICITORS.

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

S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

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


Printed Page 1695 . . . . . Wednesday, April 12, 1995

S. 740 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 3, TITLE 16, SO AS TO PROVIDE THAT, WHEN A CRIME IS COMMITTED AGAINST A PERSON SIXTY YEARS OF AGE OR OLDER, THE COURT MUST IMPOSE AN ADDITIONAL TERM OF IMPRISONMENT.

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

S. 741 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-22-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL LAND SURVEYOR, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR GRADUATION FROM A SCHOOL OR COLLEGE OF TWO OR MORE YEARS WITH AN ASSOCIATE DEGREE IN AN ABET COMMISSION ACCREDITED CURRICULUM OF ENGINEERING TECHNOLOGY OR LAND SURVEYING, INCLUDING COMPLETED COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS SATISFACTORY TO THE BOARD; TO AMEND SECTION 40-22-240, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A TIER B PROFESSIONAL LAND SURVEYOR, SO AS TO PROVIDE FOR FIFTEEN, RATHER THAN TWELVE, SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS OF SURVEYING, MAPPING, HYDRAULICS, AND HYDROLOGY COURSES; TO AMEND SECTION 40-22-250, RELATING TO THE QUALIFICATIONS FOR CERTIFICATION AS LAND SURVEYOR-IN-TRAINING, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR THE COMPLETION OF COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS; AND TO AMEND SECTION 40-22-280, RELATING TO ENGINEERS AND LAND SURVEYORS, APPLICATIONS FOR REGISTRATION, AND REFERENCES, SO AS TO CHANGE THE PROVISIONS CONCERNING REFERENCES FOR ENGINEERING REGISTRATION AND LAND SURVEYING REGISTRATION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.


Printed Page 1696 . . . . . Wednesday, April 12, 1995

S. 742 -- Senator Matthews: A BILL TO AMEND TITLE 59, CHAPTER 127, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO CREATE A SPECIAL SCHOOL DISTRICT AT SOUTH CAROLINA STATE UNIVERSITY, THE FELTON LABORATORY SCHOOL DISTRICT, TO ESTABLISH ITS BOARD AND THE BOARD'S DUTIES AND FUNCTIONS, AND TO PROVIDE FOR FUNDING FOR THE DISTRICT AS PREVIOUSLY APPROPRIATED TO THE FELTON LABORATORY SCHOOL.

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

S. 743 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION CONGRATULATING SOUTH CAROLINA NATIVE RODNEY HUCKABY FOR RECEIVING TOP HONORS IN THIS YEAR'S STATE MIGRATORY WATERFOWL STAMP COMPETITION DURING THE SOUTHEASTERN WILDLIFE EXPOSITION AND FOR HAVING HIS PAINTING FEATURED ON THE 1995-96 STATE MIGRATORY WATERFOWL STAMP.

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

H. 3969 -- 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 RESOLUTION TO CONGRATULATE MRS. SANDRA R. LEATHERWOOD OF ST. MARTIN DE PORRES CATHOLIC SCHOOL IN COLUMBIA UPON BEING NOMINATED FOR THE NATIONAL AWARD OF "OUTSTANDING TEACHER OF MATH AND SCIENCE"


Printed Page 1697 . . . . . Wednesday, April 12, 1995

AND TO EXPRESS APPRECIATION FOR HER MANY YEARS OF DEDICATED SERVICE TO THE CATHOLIC SCHOOL SYSTEM.

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

H. 3970 -- Reps. 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, Scott, 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, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FRIENDS AND FAMILY OF WILLIAM WALTER WILKINS, SR., FATHER OF OUR SPEAKER OF THE HOUSE OF REPRESENTATIVES, DAVID H. WILKINS, WHO DIED ON FRIDAY, APRIL 7, 1995.

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

H. 3972 -- Rep. Stuart: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SWANSEA HIGH SCHOOL "LADY TIGERS" VARSITY BASKETBALL TEAM UPON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.

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

H. 3974 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE


Printed Page 1698 . . . . . Wednesday, April 12, 1995

GREENWOOD HIGH SCHOOL "LADY EAGLES"VARSITY BASKETBALL TEAM AND COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP.

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

H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

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

H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.

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

H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD,


Printed Page 1699 . . . . . Wednesday, April 12, 1995

PROVIDEFOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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

REPORTS OF STANDING COMMITTEE

Senator COURSON from the Committee on Invitations polled out S. 712 favorable:

S. 712 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO INVITE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION'S MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM TO OBSERVE THE HOUSE AND SENATE IN SESSION ON THURSDAY, MAY 4, 1995, AND TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON FRIDAY, MAY 5, 1995, TO CONDUCT A MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM.

Poll of the Invitations Committee on S. 712

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Thomas Patterson Stilwell
Passailaigue

TOTAL--7

NAYS

TOTAL--0



| Printed Page 1680, Apr. 11 | Printed Page 1700, Apr. 12 |

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