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 2090, Apr. 27 | Printed Page 2110, Apr. 27 |
Printed Page 2100 . . . . . Thursday, April 27, 1995
REPORTS OF STANDING COMMITTEES

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF PHYSICAL THERAPISTS, SO AS TO ESTABLISH THE PASSING SCORE FOR EXAMINATIONS.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.

Ordered for consideration tomorrow.

Senator STILWELL from the Committee on Judiciary submitted a favorable with amendment report on:

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, 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.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation polled out H. 3552 with no report:

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,

Printed Page 2101 . . . . . Thursday, April 27, 1995
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".

Poll of the Transportation Committee on H. 3552

Ayes 12; Nays 0; Not Voting 6

AYES

Land              Leatherman       O'Dell

Greg Smith        McGill           Mescher

Passailaigue      Rose             Short

Elliott           Waldrep          Rankin

TOTAL--12

NAYS
TOTAL--0


NOT VOTING


Williams          Leventis         Wilson

Patterson         Richter          Ryberg

TOTAL--6



Ordered for consideration tomorrow.

Invitation Accepted


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

An invitation from S.C. Society of Assn. Executives to attend an ice cream
reception at the State House Grounds, South Side on Wednesday, May 3, 1995, from
1:00 until 2:00 P.M.



Printed Page 2102 . . . . . Thursday, April 27,
1995




Poll of the Invitations Committee



Ayes 7; Nays 0; Not Voting 3


AYES



Courson           Wilson           Matthews 
Patterson         Russell          O'Dell

Passailaigue

TOTAL--7


NAYS


TOTAL--0


NOT VOTING


Peeler            Thomas           Rose

TOTAL--3



Ordered for consideration tomorrow.


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

An invitation from S.C. Recreation and Parks Assn. to attend a
reception/barbecue at Finlay Park on Wednesday, May 3, 1995, from 6:00 until
8:00 P.M.

Poll of the Invitations Committee



Ayes 7; Nays 0; Not Voting 3


AYES



Courson           Wilson           Matthews 
Patterson         Russell          O'Dell

Passailaigue

TOTAL--7


NAYS


TOTAL--0







Printed Page 2103 . . . . . Thursday, April 27,
1995




NOT VOTING


Peeler            Thomas           Rose

TOTAL--3



Ordered for consideration tomorrow.


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

An invitation from Laidlaw Environmental Services to attend a reception at
the State Museum on Thursday, May 9, 1995, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee



Ayes 7; Nays 0; Not Voting 3


AYES



Courson           Wilson           Matthews 
Patterson         Russell          O'Dell

Passailaigue

TOTAL--7


NAYS


TOTAL--0


NOT VOTING


Peeler            Thomas           Rose

TOTAL--3



Ordered for consideration tomorrow.


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

An invitation from Palmetto Project, S.C. Commun-I-Care Program to attend a
reception at the Capital City Club on Wednesday, May 10, 1995, from 6:00 until
8:00 P.M.






Printed Page 2104 . . . . . Thursday, April 27,
1995




Poll of the Invitations Committee



Ayes 7; Nays 0; Not Voting 3


AYES



Courson           Wilson           Matthews 
Patterson         Russell          O'Dell

Passailaigue

TOTAL--7


NAYS


TOTAL--0


NOT VOTING


Peeler            Thomas           Rose

TOTAL--3



Ordered for consideration tomorrow.


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

An invitation from Assn. of Citadel Men to attend a barbecue at the Capital
City Club on Wednesday, May 16, 1995, from 6:30 until 10:00 P.M.

Poll of the Invitations Committee



Ayes 7; Nays 0; Not Voting 3


AYES



Courson           Wilson           Matthews
Patterson         Russell          O'Dell

Passailaigue

TOTAL--7


NAYS


TOTAL--0







Printed Page 2105 . . . . . Thursday, April 27,
1995




NOT VOTING


Peeler            Thomas           Rose

TOTAL--3



Ordered for consideration tomorrow.

HOUSE CONCURRENCE


S. 765 -- Senator Matthews:  A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN
AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1995, "WORKERS'
MEMORIAL DAY".

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE


S. 781 -- Senators Ford, Glover, Jackson, Matthews, Patterson and Washington: 
A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF W. A. PERRY TASK FORCE
APPRECIATION DAY ON APRIL 30, 1995, AND COMMENDING THE MEMBERS OF THE W. A.
PERRY TASK FORCE FOR THEIR UNTIRING EFFORTS IN IMPROVING THE QUALITY OF
EDUCATION AND OVERALL CONDITIONS AT W. A. PERRY MIDDLE SCHOOL.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE
CALENDAR.

THIRD READING BILLS


The following Bills and Joint Resolution were read the third time and ordered
sent to the House of Representatives:


S. 251 -- Senators Hayes and Rose:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL
PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE
FOR
THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE
CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING
TO OTHER PROVISIONS OF THE UNIFORM



Printed Page 2106 . . . . . Thursday, April 27,
1995



 COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM
THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE
36
SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND
TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT
ORDERS.

Senator STILWELL explained the Bill.


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.


S. 35 -- Senators Passailaigue and Rose:  A BILL TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A
PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.

(By prior motion of Senator PASSAILAIGUE, with unanimous consent)


S. 505 -- Senator Stilwell:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 40-11-106 SO AS TO PROHIBIT A GENERAL CONTRACTOR OR
MECHANICAL CONTRACTOR FROM USING LEGAL PROCESS TO ENFORCE THE PROVISIONS OF
ANY
CONSTRUCTION CONTRACT IF THE CONTRACTOR IS NOT A LICENSED CONTRACTOR.

(By prior motion of Senator STILWELL, with unanimous consent)

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE


 S. 177 -- Senator Rose:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 11-11-450 SO AS TO PROVIDE THAT THE REVENUES OF ANY TAX,
FEE, OR CHARGE LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLELY FOR THE
PURPOSE FOR WHICH THE PROCEEDS OF THE TAX, FEE, OR CHARGE WERE TO BE APPLIED
AT
THE TIME OF ENACTMENT EXCEPT UPON AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE
TOTAL
MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY.






Printed Page 2107 . . . . . Thursday, April 27,
1995



Senator BRYAN asked unanimous consent to take the Bill up for
immediate consideration.

There was no objection.


The Senate proceeded to a consideration of the Bill.  The question being the
third reading of the Bill.


Senator BRYAN proposed the following amendment (177R001.JEB), which was adopted:

Amend the bill, as and if amended, page 1, line 27, by deleting the word
/derived/ and inserting in lieu thereof the following:

/collected or accrued/.

Amend title to conform.


There being no further amendments, the Bill was read the third time and ordered
sent to the House of Representatives.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE


S. 780 -- Labor, Commerce and Industry Committee:  A BILL TO AMEND SECTION
41-29-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED
DISCLOSURE OF INFORMATION BY THE SOUTH CAROLINA EMPLOYMENT SECURITY
COMMISSION,
SO AS TO ADD A PROVISION AUTHORIZING THE COMMISSION TO SUPPLY CERTAIN
INFORMATION TO THE SOUTH CAROLINA STATE EDUCATION ASSISTANCE AUTHORITY.


The Senate proceeded to a consideration of the Bill.  The question being the
third reading of the Bill.


Senator J. VERNE SMITH proposed the following amendment (LCI\780.001), which was
adopted:

Amend the bill, as and if amended, page 1, by striking line 28 and inserting
in lieu thereof the following:

/as the commission may by regulation prescribe.  The
Such information may/

Amend title to conform.


Senator J. VERNE SMITH explained the amendment.






Printed Page 2108 . . . . . Thursday, April 27,
1995



There being no further amendments, the Bill was read the third
time and ordered sent to the House of Representatives.

AMENDED, READ THE SECOND TIME



WITH NOTICE OF GENERAL AMENDMENTS


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.


The Senate proceeded to a consideration of the Bill.  The question being the
adoption of the amendment proposed by the Committee on Judiciary.


The Judiciary Committee proposed the following amendment (JUD0668.001), which
was adopted:

Amend the bill, as and if amended, page 1, beginning on line 32, in Section
17-15-170, as contained in SECTION 1, by striking lines 32 and 33 in their
entirety and inserting therein the following:

/confirmed.  A magistrate may confirm judgments of two hundred
eighteen five hundred dollars or less plus fees and/.

Amend title to conform.


There being no further amendments, the Bill was read the second time and ordered
placed on the third reading Calendar with notice of general amendments.

SECOND READING BILLS


The following Bills having been read the second time were ordered placed on
the third reading Calendar:


S. 773 -- Senator Lander:  A BILL TO CREATE THE REGISTRATION AND ELECTIONS
COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION
COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR
POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.






Printed Page 2109 . . . . . Thursday, April 27,
1995




S. 773--Ordered to a Third Reading


On motion of Senator LANDER, S. 773 was ordered to receive a third reading on
Friday, April 28, 1995.


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.


S. 759 -- Senator Moore:  A BILL TO AMEND SECTION 40-36-150, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL THERAPIST LICENSURE AND USE OF
THAT TITLE, SO AS TO DELETE THE PROVISIONS REGARDING ISSUANCE OF CERTIFICATES
OF
LICENSURE TO FOREIGN TRAINED PERSONS.


Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate
consideration.

There was no objection.


Senator LEVENTIS explained the Bill.


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, 12-54-47, 12-54-85, 12-54-127, AND
12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING



Printed Page 2110 . . . . . Thursday, April 27,
1995



 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.







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