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 2260 . . . . . Tuesday, May 2, 1995

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Anne Weisiger Land of Manning, S.C., beloved mother of our friend and colleague, Senator LAND.

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns, it stand adjourned to meet Wednesday, May 3, 1995, at 10:00 A.M., which motion was adopted.

ADJOURNMENT

At 6:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *


Printed Page 2261 . . . . . Wednesday, May 3, 1995

Wednesday, May 3, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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 a divine lament, recorded by the prophet Jeremiah, Chapter 8 (v.7) (NRSV):

"Even the stork in the heavens knows its

times; and the turtledove, swallow, and

crane observe the time of their coming;

But my people do not know the ordinance

of the Lord."
Let us pray.

Lord of the Universe, OUR FATHER, from the dawn of time, and through the processes of all history, You began creating, from the formless void, and are still creating, the orbs and the spheres in the unbounded immensity of space.

In Your wisdom You placed man on this planet as Your highest creation to have dominion over all Your works.

We thank You that it is given to us to live in these times when earthbound man, unfettered but restrained, soars to lunar lands and spaces.

But, Lord, we find that with so much technical knowledge and skill it is still difficult to live together on this planet without tension and misery.

Our problem is the errant human will. Help us to improve it! Lest we destroy ourselves!

Amen.

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


Printed Page 2262 . . . . . Wednesday, May 3, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 17, 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, Charleston County Master-in-Equity, with term to commence December 24, 1992, and to expire December 24, 1998:

The Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406 VICE Louis Condon

Received as information.

Message from the House

Columbia, S.C., April 18, 1995

Mr. President and Senators:

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

LOCAL APPOINTMENT

Initial Appointment, Charleston County Master-in-Equity, with term to commence December 24, 1992, and to expire December 24, 1998:

The Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406

Very respectfully,
Speaker of the House

Received as information.

Doctor of the Day

Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.


Printed Page 2263 . . . . . Wednesday, May 3, 1995

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 810 -- Senators J. Verne Smith and Alexander: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT AND DISCLOSURE IMMUNITY ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

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

S. 811 -- Senators Alexander, Ford, Reese, Richter, Peeler, Greg Smith, Short, Matthews, Lander, Martin, Rankin, Glover, Russell, Ryberg, Courson, Cork, Jackson, Wilson, Washington, Courtney, Bryan, Gregory, Moore, Giese, Leatherman, Stilwell, Mescher, Leventis, Hayes, J. Verne Smith, Waldrep and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

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

S. 812 -- Senators Williams, McConnell and Holland: A BILL TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION ARE APPOINTED.

Read the first time and referred to the Richland Delegation.

S. 813 -- Senators Williams, Alexander, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION EXPRESSING DEEPEST SORROW AT THE DEATH OF ANNE WEISIGER LAND OF MANNING, THE MOTHER OF OUR DISTINGUISHED


Printed Page 2264 . . . . . Wednesday, May 3, 1995

COLLEAGUE AND DEAR FRIEND, THE HONORABLE JOHN LAND, AND EXTENDING SYMPATHY TO MRS. LAND'S FAMILY AND HER MANY FRIENDS.

Whereas, it was with the deepest sorrow that we learned of the death of Anne Weisiger Land of Manning, the mother of our distinguished colleague and dear friend, Senator John Land; and

Whereas, Mrs. Land, widow of the late John Calhoun Land, Jr., died on April 30, 1995, at the age of eighty-six; and

Whereas, she was born in Powhatan, Virginia, and graduated from Madison College of Virginia; and

Whereas, she was a former social worker and director of the Clarendon County Department of Social Services, a member of the Magnolia Garden Club, and a member of Manning United Methodist Church; and

Whereas, she was appointed to the county Department of Social Services board after she retired as director and served as a board member for many years; and

Whereas, she is survived by a son and a daughter, seven grandchildren, and eleven great-grandchildren; and

Whereas, she was a great humanitarian and a lovely person who was admired and loved by all who knew her; and

Whereas, we want John and all of the other members of his mother's family to know that they are uppermost in our thoughts and prayers and have our sincerest sympathy. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate of the State of South Carolina, by this resolution, express deepest sorrow at the death of Anne Weisiger Land of Manning, the mother of our distinguished colleague and dear friend, the Honorable John Land, and extend sympathy to Mrs. Land's family and her many friends.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Land's family, in care of Senator Land.

The Senate Resolution was adopted.

H. 4174 -- Reps. Cromer, Keegan, Sheheen, Quinn and Kelley: A CONCURRENT RESOLUTION CONGRATULATING THE CATHOLIC DIOCESE OF CHARLESTON ON THE OCCASION OF ITS 175TH ANNIVERSARY AND DESIGNATING JULY 11, 1995, AS "DIOCESE OF CHARLESTON DAY IN SOUTH CAROLINA".

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


Printed Page 2265 . . . . . Wednesday, May 3, 1995

H. 4175 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ANNE WEISIGER LAND OF MANNING, THE MOTHER OF OUR DISTINGUISHED COLLEAGUE AND DEAR FRIEND, SENATOR JOHN LAND, AND EXTENDING SYMPATHY TO ALL OF THE MEMBERS OF MRS. LAND'S FAMILY AND HER MANY FRIENDS.

Whereas, it was with the deepest sorrow that we learned of the death of Anne Weisiger Land of Manning, mother of our distinguished colleague and dear friend, Senator John Land; and

Whereas, Mrs. Land, widow of the late John Calhoun Land, Jr., died Sunday, April 30, 1995, at the age of eighty-six; and

Whereas, she was born in Powhatan, Virginia, and graduated from Madison College of Virginia; and

Whereas, she was a former social worker and director of the Clarendon County Department of Social Services, a member of the Magnolia Garden Club, and a member of Manning United Methodist Church; and

Whereas, she was appointed to the county Department of Social Services board after she retired as director and served as a board member for many years; and

Whereas, she is survived by a son and a daughter, seven grandchildren, and eleven great-grandchildren; and

Whereas, she was a great humanitarian and a lovely person who was admired and loved by all who knew her; and

Whereas, we want Senator Land and all of the other members of his mother's family to know that they are uppermost in our thoughts and prayers and have our sincerest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express deepest sorrow at the death of Anne Weisiger Land of Manning, the mother of our distinguished colleague and dear friend, Senator John Land, and extend sympathy to all of the members of Mrs. Land's family and her many friends.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Land's family, in care of Senator John Land, her son.

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

H. 4177 -- Rep. Anderson: A CONCURRENT RESOLUTION SALUTING DOROTHY BROCKMAN OF GREENVILLE COUNTY FOR HER LENGTHY SERVICE AND COUNTLESS CONTRIBUTIONS


Printed Page 2266 . . . . . Wednesday, May 3, 1995

WHICH HAVE UPLIFTED THE AFRICAN AMERICAN COMMUNITY AND FOR HER DEDICATION AND WILLING SACRIFICES WHICH HAVE SERVED TO GENERATE PRIDE AND SELF-ESTEEM IN OTHERS.

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

REPORTS OF STANDING COMMITTEES

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

S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTIES IN THEIR COUNTY OF RESIDENCE, WHICH MUST IN TURN TRANSMIT THESE STATEMENTS TO THE EXECUTIVE COMMITTEE OF THE STATE PARTY, AND TO DELETE PROVISIONS RELATING TO PETITION CANDIDATES; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT ALL CANDIDATES UNDER THIS SECTION MUST SUBMIT A NOTICE OR PLEDGE NO LATER THAN THE THIRTIETH OF MARCH; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING


Printed Page 2267 . . . . . Wednesday, May 3, 1995

TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT CERTIFICATION OF THE NAMES OF CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE NOT LATER THAN TWELVE O'CLOCK NOON ON APRIL NINTH; AND TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES, SO AS TO PROVIDE THAT FILING FOR PETITION CANDIDATES MUST OPEN AT NOON ON THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS FOR A PERIOD TO CLOSE SEVEN DAYS LATER AT NOON.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.

Ordered for consideration tomorrow.

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

H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

Ordered for consideration tomorrow.


Printed Page 2268 . . . . . Wednesday, May 3, 1995

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

Ordered for consideration tomorrow.

Senator JACKSON from the Committee on Judiciary submitted a favorable report on:

H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.

Ordered for consideration tomorrow.

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

H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.

Ordered for consideration tomorrow.


Printed Page 2269 . . . . . Wednesday, May 3, 1995

Senator COURSON from the Committee on Invitations polled out H. 4172 favorable:

H. 4172 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 10, 1995, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1995 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.

Poll of the Invitations Committee on H. 4172

Ayes 8; Nays 0; Not Voting 2

AYES

Courson           Peeler           Matthews
Thomas Patterson Stilwell
Russell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Wilson O'Dell

TOTAL--2

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4173 favorable:

H. 4173 -- Reps. Cooper, Waldrop and J. Harris: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 10, 1995, IMMEDIATELY FOLLOWING THE ELECTION OF COLLEGE AND


Printed Page 2270 . . . . . Wednesday, May 3, 1995

UNIVERSITY TRUSTEES AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING FIVE SPECIFIED MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.


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