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 2300, May 3 | Printed Page 2320, May 4 |

Printed Page 2310 . . . . . Thursday, May 4, 1995

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 814 -- Senator Holland: A BILL TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

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

S. 815 -- Senator Stilwell: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

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

S. 816 -- Senators Leatherman, J. Verne Smith, Peeler, Martin and McGill: A BILL TO AMEND TITLE 44, CHAPTER 6, ARTICLE 4, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


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RELATING TO MEDICAID NURSING HOME SANCTIONS, SO AS TO PROVIDE FOR A SURVEY AGENCY FOR THE PURPOSE OF CONDUCTING NURSING HOME COMPLIANCE SURVEYS FOR THE MEDICAID PROGRAM IN SOUTH CAROLINA AND TO REVISE THE SANCTIONS THAT MAY BE IMPOSED.

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

S. 817 -- Senators Courtney, Hayes, Elliott and Reese: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Thursday, May 25, 1995, at 12:00 noon, for the purpose of electing a successor to the member of the South Carolina Consumer Affairs Commission for Seat 3, so as to fill the term which expires June 30, 1995.

On motion of Senator COURTNEY, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration and ordered placed on the Calendar for consideration tomorrow.

H. 4181 -- Reps. R. Smith, Sharpe, Clyburn, Huff, Spearman and Mason: A CONCURRENT RESOLUTION SALUTING BOBBY RUTLAND OF AIKEN COUNTY FOR HIS COMMITMENT TO IMPROVING AND DEVELOPING THE USE OF, AND ACTIVITIES SURROUNDING, LANGLEY POND IN AIKEN COUNTY AS A TRAINING SITE FOR THE 1996 OLYMPIC ROWING TEAMS, AND RECOGNIZING MR. RUTLAND AS A "SOUTH CAROLINA STAR".

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

H. 4182 -- Reps. Vaughn, 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,


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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, 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 CONGRATULATING THE MICHELIN COMPANY ON ITS TWENTIETH ANNIVERSARY OF MANUFACTURING AND RESEARCH AND DEVELOPMENT IN THE UNITED STATES, AND COMMENDING MICHELIN, THE NUMBER ONE LEADER IN WORLDWIDE TIRE SALES AND TIRE TECHNOLOGY, FOR ITS NUMEROUS CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND FOR STANDING AS THE EXEMPLARY BENCHMARK FOR ALL OTHER COMPANIES IN THE PALMETTO STATE.

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

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

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

H. 3852 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF PHYSICAL FITNESS SERVICES CONTRACTS, SO AS TO PROVIDE THEY ARE UNENFORCEABLE IF THE CONTRACT DOES NOT COMPLY WITH STATE OR FEDERAL LAW; TO AMEND SECTION 44-79-70, RELATING TO RIGHTS AGAINST SUCCESSORS TO CONTRACT, SO AS TO PROVIDE THAT NO PURCHASER OF A CONTRACT ASSOCIATED WITH PROVIDING PHYSICAL FITNESS SERVICES MAY COLLECT ON THE CONTRACT OR REPORT A DELINQUENCY UNDER THE


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CONTRACT IF THE CONTRACT IS IN VIOLATION OF THE CHAPTER; AND TO AMEND SECTION 44-79-80, RELATING TO FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO INCLUDE IN THE EXEMPTION FROM CERTAIN REQUIREMENTS, FACILITIES THAT HAVE BEEN IN CONTINUOUS OPERATION FOR TEN OR MORE YEARS.

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

H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

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

H. 4144 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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


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H. 4170 -- Reps. Rhoad and Cave: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS SHALL RECEIVE COMPENSATION OF ONE THOUSAND TWO HUNDRED DOLLARS EACH CALENDAR YEAR.

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

REPORTS OF STANDING COMMITTEES

Senator SETZLER from the Committee on Education submitted a favorable report on:

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

Ordered for consideration tomorrow.

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

H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.

Ordered for consideration tomorrow.

CONCURRENCE

S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


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SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.

The House returned the Bill with amendments.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 806 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DAVID WELLS, JR., OF ALCOLU FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 809 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. EDGAR WILLIAMS, JR., OF ROCK HILL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.


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HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.

The House returned the Bill with amendments.

Senator LAND proposed the following amendment (368R001.JAL), which was adopted:

Amend the bill, as and if amended, page 2, by deleting SECTION 3 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.

(By prior motion of Senator LEATHERMAN)


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THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

THIRD READING RECONSIDERED

S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

Having voted on the prevailing side, Senator ROSE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given a third reading.

There was no objection.

THIRD READING BILLS

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

S. 802 -- Senators Mescher, Rose and Richter: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

(By prior motion of Senator MESCHER)

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE


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BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.

SECOND READING BILLS

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

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 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.

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


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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.

AMENDED, READ THE SECOND TIME

H. 4167 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM SEVEN TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION COUNTY.

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 second reading of the Bill.

Senator BRYAN proposed the following amendment (EDUC\4167.001), which was adopted:

Amend the bill, as and if amended, on page 1, line 31, after /Union County/ by inserting:

/and two members of the commission must be residents of Laurens County/.

Amend title to conform.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF THE GENERAL APPROPRIATION BILL.


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