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 1710, Apr. 12 | Printed Page 1730, Apr. 14 |

Printed Page 1720 . . . . . Friday, April 14, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 11, 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

Initial Appointment, Richland County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Ms. Rebecca McDuffie Brown, 3630 Ranch Road, #7-5, Columbia, S.C. 29206 VICE Sharon G. Burton (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 13, 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 Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:

Consumer:

Mr. Kenneth A. Boiter, Interstate/Johnson Lane, Post Office Box 652, Spartanburg, S.C. 29304-0652


Printed Page 1721 . . . . . Friday, April 14, 1995

Referred to the Committee on Banking and Insurance.

S. 662--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., April 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
Speaker of the House

On motion of Senator PASSAILAIGUE, the Senate insisted upon its amendments to S. 662 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators PASSAILAIGUE, McCONNELL and WASHINGTON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., April 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 1722 . . . . . Friday, April 14, 1995

H. 3361--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senators J. VERNE SMITH and BRYAN spoke on the report.

On motion of Senator J. VERNE SMITH, the Report of the Committee of Conference to H. 3361 was adopted as follows:

H. 3361--Conference Report

The General Assembly, Columbia, S.C., April 12, 1995

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. From fiscal year 1993-94 surplus revenues, the following sums are appropriated from the general fund of the State for the purposes stated:

(1) BCB-Division of Operations

Statehouse Renovations. . . . .17,000,000

(2) Coordinating Council

for Economic Development

Economic Development Projects. . . . .4,700,000

(3) Technical Education Commission

Special Schools. . . . .3,775,731

(4) Guardian Ad Litem

Operating. . . . .200,000

(5) Forestry Commission

Firefighting Equipment. . . . .4,600,000


Printed Page 1723 . . . . . Friday, April 14, 1995

(6) Department of Corrections

Ridgeland Institution. . . . .3,129,908

(7) Clemson-PSA

Garrison Livestock Arena. . . . .1,900,000

(8) John de la Howe

Sewer Repairs. . . . .425,000

(9) Higher Education Formula. . . . .2,756,993

(10) University of Charleston

Center for Enterpreneurship. . . . .300,000

Total. . . . .38,787,632

SECTION 2. The Clerk of the House, the Clerk of the Senate, and the Director of the Division of Operations of the Budget and Control Board or their respective designees shall act as agents of the State House Committee and shall be responsible for the administration and implementation of the State House renovation project. Any changes or modifications to the project which would constitute a substantive modification of the overall project, as approved by the State House Committee, must be considered and approved by the State House Committee. Notwithstanding any other provision of law, regulation, code, or ordinance in effect or effective subsequent to the approval of this resolution (except H. 3816 if such legislation is adopted by the General Assembly or legislation substantially similar in content to H. 3816), these individuals shall have the authority to:

(1) approve the expenditure of funds appropriated pursuant to Section 1(1) of this resolution or any other funds appropriated for, or available for, the above referenced projects;

(2) manage and make all necessary decisions that may arise with regard to every aspect of the project including, but not limited to, the hiring and supervision of consultants or other personnel responsible for all aspects of the project.

The respective clerks shall have responsibility for any and all decisions relating to the renovations and upfitting in any areas of the State House currently being utilized by their respective bodies, which do not constitute substantive modifications to the overall project.

SECTION 3. Of the funds appropriated for the Coordinating Council for Economic Development in Section 1 of this joint resolution, an amount not to exceed $1,500,000 may be expended by the State Budget and Control Board in support of (1) any South Carolina military facility or activity identified as being at risk of closure by the Base Closure and Realignment Commission and/or (2) any other federal facility for which the reduction in forces or activities will result in the loss of three thousand


Printed Page 1724 . . . . . Friday, April 14, 1995

five hundred or more jobs, as projected or announced by the federal government. These expenditures must be made in consultation with the leadership of the affected local community, but in no instance may more than $500,000 be used in support of any single entity or activity. If not committed by May 31, 1995, or sooner if released by the State Budget and Control Board, any remaining funds may be expended as appropriate by the Coordinating Council for Economic Development.

SECTION 4. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.

SECTION 5. This joint resolution takes effect upon approval by the Governor./

Amend title to conform.

/s/J. Verne Smith /s/Henry E. Brown, Jr.
/s/Ernest L. Passailaigue, Jr./s/Thomas G. Keegan
/s/Harvey S. Peeler /s/Herbert Kirsh

On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

H. 3361--Enrolled for Ratification

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

Message from the House

Columbia, S.C., April 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 25, S. 494 by a vote of 4 to 0:
(R25) S. 494 -- Senator Courtney: AN ACT TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL IN SPARTANBURG COUNTY MAY NOT BE LOCATED FROM AN EXISTING AQUACULTURE FARM OR FACILITY AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 1725 . . . . . Friday, April 14, 1995

Message from the House

Columbia, S.C., April 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 27, S. 585 by a vote of 5 to 0:
(R27) S. 585 -- Senator Reese: AN ACT TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

Doctor of the Day

Senator WILLIAMS introduced Dr. Louis E. Costa, II of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator SETZLER, at 12:00 Noon, Senator MOORE was granted a leave of absence for today.

Leave of Absence

On motion of Senator PATTERSON, at 12:00 Noon, Senator MATTHEWS was granted a leave of absence for today.

RECOMMITTED

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 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.


Printed Page 1726 . . . . . Friday, April 14, 1995

On motion of Senator SETZLER, with unanimous consent, the Bill was recommitted to the Committee on Education for technical corrections, retaining its place on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 744 -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE THE SENECA HIGH SCHOOL GIRLS BASKETBALL TEAM AND THEIR COACHES UPON WINNING THE 1994-95 STATE CLASS AAA BASKETBALL CHAMPIONSHIP AND TO RECOGNIZE THE TEAM'S DILIGENT EFFORTS THROUGHOUT THE SEASON.

The Senate Resolution was adopted.

S. 745 -- Senators Land, Williams, Jackson and Leventis: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO ALLOW LICENSED REAL ESTATE APPRAISERS LOCATED IN THE SANTEE-COOPER AREA OF CLARENDON, SUMTER, ORANGEBURG, AND CALHOUN COUNTIES WHO ARE NOT MAI OR SRA CERTIFIED AN OPPORTUNITY TO BID ON THE CONTRACT TO APPRAISE THE PROPERTY IN THEIR COUNTIES WHICH WILL BE SOLD BY THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

Senator LAND spoke on the Resolution.

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

Statement by Senator McCONNELL

I lease a lot on Lake Moultrie from Santee Cooper and to avoid any questions under the Ethics Act, it is best that I excuse myself from voting on S. 745 to avoid any possible conflict of interest.

S. 746 -- Senator Washington: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MANY FRIENDS AND FAMILY OF MRS. ELIZABETH TAYLOR SIMMONS, UPON HER DEATH ON SUNDAY, APRIL 9, 1995, AT THE AGE OF ONE HUNDRED AND SEVEN.

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


Printed Page 1727 . . . . . Friday, April 14, 1995

S. 747 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION DESIGNATING JUNE 28, 1995, AS "CAROLINA DAY" IN COMMEMORATION OF THE EVENTS OF JUNE 28, 1776, WHEN A GROUP OF OUT-MANNED AND OUT-GUNNED SOUTH CAROLINIANS, UNDER THE LEADERSHIP OF COLONEL WILLIAM MOULTRIE, TURNED BACK THE ATTACK OF A POWERFUL BRITISH FLEET BENT ON CAPTURING CHARLESTON IN THE EARLY DAYS OF THE AMERICAN REVOLUTION.

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

S. 748 -- Senator Holland: A BILL TO AMEND SECTION 37-2-207, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT WITH CERTAIN EXCEPTIONS FORTY PERCENT OF THE SCHEDULED MINIMUM PAYMENT FOR REVOLVING CHARGE ACCOUNTS ON CONSUMER CREDIT SALES MUST BE APPLIED TO PRINCIPAL REDUCTION, SO AS TO SPECIFY CERTAIN SITUATIONS WHICH ARE NOT CONSIDERED VIOLATIONS OF THIS REQUIREMENT.

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

S. 749 -- Senators Courson and Giese: A BILL TO AMEND SECTION 59-24-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS, SO AS ALSO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT THE ATTORNEY GENERAL WHEN CRIMINAL CONDUCT OCCURS.

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

S. 750 -- Senators Giese, Bryan, Lander and Rankin: A BILL TO AMEND SECTION 59-104-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S PROFESSOR OF THE YEAR AWARD, SO AS TO PROVIDE FOR TWO AWARDS, ONE TO BE GIVEN TO A PROFESSOR AT A SENIOR INSTITUTION AND ONE TO BE GIVEN TO A SCHOOL AWARDING NO HIGHER THAN ASSOCIATE DEGREES AND TO AUTHORIZE AWARDING UP TO TEN FINALISTS FIVE HUNDRED DOLLARS EACH.

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


Printed Page 1728 . . . . . Friday, April 14, 1995

S. 751 -- Senator Leventis: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY SAVINGS CONTRACTS, SO AS TO REQUIRE A PUBLIC SCHOOL DISTRICT TO OBTAIN CERTIFICATION OF COMPLIANCE WITH CERTAIN DEPARTMENT OF EDUCATION PROCEDURES IN ORDER TO ENTER INTO A CONTRACT; AND TO REVISE THE DEFINITION OF "ENERGY CONSERVATION MEASURE".

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

S. 752 -- Senator Ford: A BILL TO AMEND CHAPTER 3, TITLE 17 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, BY ADDING SECTION 17-3-65 SO AS TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE TO THE COMMISSION ON INDIGENT DEFENSE, THE COMMISSION ON APPELLATE DEFENSE, AND OTHERWISE FOR INDIGENT DEFENSE FUNDS WHICH ARE, IN THE AGGREGATE, EQUAL TO THE FUNDS APPROPRIATED TO THE PROSECUTION COORDINATION COMMISSION AND OTHERWISE APPROPRIATED TO OR ON BEHALF OF CIRCUIT SOLICITORS FOR PROSECUTION OF CRIMINAL CASES, AND TO REQUIRE EACH COUNTY TO PROVIDE TO THE COUNTY DEFENDER CORPORATION AND FOR APPOINTED PRIVATE COUNSEL IN INDIGENT CASES FUNDS WHICH ARE, IN THE AGGREGATE, EQUAL TO THE FUNDS PROVIDED BY THE COUNTY TO THE CIRCUIT SOLICITOR'S OFFICE.

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

S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42,


Printed Page 1729 . . . . . Friday, April 14, 1995

12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.

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

S. 754 -- Senator Ford: A BILL TO AMEND SECTION 20-7-1370 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; TO REPEAL SECTION 20-7-1410 OF THE 1976 CODE, RELATING TO THE NUMBER OF


Printed Page 1730 . . . . . Friday, April 14, 1995

FAMILYCOURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT;AND TO PROVIDE FOR AN EFFECTIVE DATE OF JANUARY 1, 1997, FOR THESE PROVISIONS.

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


| Printed Page 1710, Apr. 12 | Printed Page 1730, Apr. 14 |

Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 2:09 P.M.