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

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Printed Page 2570 . . . . . Tuesday, May 9, 1995

Tuesday, May 9, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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:

Commemorating 50 years since V-E Day (Victory of the War in Europe)
Beloved, hear the words recorded in the Gospel of St. Matthew, Chapter 5 (vv. 43-45a):

"You have heard that it was said,

`You shall love your neighbor and hate

your enemy.'

But I say to you, love your enemies

and pray for those who persecute

you, so that you may be children of

your Father in heaven;"
Let us pray.

Father, we remember with gratitude V-E Day! We see the television celebrations in Washington, London, Paris and Moscow, where Russian and allied soldiers are dancing for joy.

We see also the television reports of continuing slaughter of human beings in Sarajevo, Bosnia, Chechnya and "God-knows-where." Then we are sobered and pray that mankind hear anew deep in their heart of hearts the ultra-wisdom of the words of the voice from Galilee, "Love your enemies."

Lord, let it be sooner... than later!

Amen!

COMMUNICATION

Clerk's Statement and Correction

A review of those amendments affecting revenue evidenced the fact that adopted Amendment Number 64 to H. 3362 reduced court fines being deposited into the general fund through a new Part II provision. The court fine revenue line in Part IA, however, was not adjusted. The adjustment is a reduction of $288,000 to that line and should be reflected as outlined below.

Part IA, Section 71, ESTIMATE OF GENERAL, SCHOOL, HIGHWAY, AND EDUCATION IMPROVEMENT ACT REVENUES,


Printed Page 2571 . . . . . Tuesday, May 9, 1995

page 379, Senate Finance Committee column, line Circuit and Family Court Fines, should reflect the figure "7,097,000."

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 24, 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

Initial Appointment, Scenic Highways Committee, with term to commence July 14, 1994, and to expire July 14, 1996:

Parks and Recreation:

Mr. Paul B. Ellis, III, City of Greenville, P.O. Box 2207, Greenville, S.C. 29602

Referred to the Committee on Transportation.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 9, 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


Printed Page 2572 . . . . . Tuesday, May 9, 1995

Statewide Appointment

Initial Appointment, State Board of Social Work Examiners, with term to commence November 27, 1994, and to expire November 27, 1998:

Master:

Ms. Karen P. Rembert, P.O. Box 20068, Charleston, S.C. 29413-0068 VICE Martin Hope

Referred to the General Committee.

Message from the House

Columbia, S.C., May 4, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 65, H. 3853 by a vote of 3 to 0:
(R65) H. 3853 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R65) H. 3853 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.

The veto of the Governor was taken up for immediate consideration.

Senator COURTNEY moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?


Printed Page 2573 . . . . . Tuesday, May 9, 1995

The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 45; Nays 0

AYES

Alexander         Bryan            Cork
Courson Courtney Drummond
Elliott Ford Giese
Glover Gregory Hayes
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

TOTAL--45

NAYS

TOTAL--0

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

Doctor of the Day

Senator RANKIN introduced Dr. Richard Schmitt of Myrtle Beach, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator ALEXANDER, at 12:00 Noon, Senator MARTIN was granted a leave of absence until 3:00 P.M.

Leave of Absence

On motion of Senator COURTNEY, at 12:00 Noon, Senator RUSSELL was granted a leave of absence until 3:30 P.M.


Printed Page 2574 . . . . . Tuesday, May 9, 1995

Leave of Absence

On motion of Senator GREGORY, at 2:30 P.M., Senator RYBERG was granted a leave of absence for the balance of the day.

RECALLED

AMENDED, READ THE SECOND TIME

H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998 ELECTION, THE THREE AT-LARGE SEATS ON THE BOARD SHALL BE NUMBERED CONSECUTIVELY AND CANDIDATES SHALL FILE FOR AND BE ELECTED FROM SPECIFIC AT-LARGE SEATS, TO STAGGER THE TERMS OF THE THREE AT-LARGE MEMBERS ELECTED IN 1998, AND TO PROVIDE A FILING FEE FOR ELECTION TO THESE OFFICES.

Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Pickens Delegation.

There was no objection.

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

Senators MARTIN and ALEXANDER proposed the following amendment (4166R001.LAM), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:

/SECTION 1. Section 1 of Act 260 of 1981 is amended to read:

"Section 1. Notwithstanding any other provision of law, the Public Educational System of Pickens County shall be directed and managed by the Board of Trustees of the School District of Pickens County. The board shall be comprised of nine members, six of whom shall be qualified electors from each of the districts for which members of the county governing body of Pickens County are elected and three shall be elected from the county at large. The terms of those at-large members shall expire December 31, 1986, and thereafter their successors shall be elected from the county at large for terms of four years each, and until their successors are elected or appointed and qualify, provided that beginning with the 1998 election, the three at-large seats shall be numbered consecutively as Seats 7, 8, and 9 respectively, and candidates for these


Printed Page 2575 . . . . . Tuesday, May 9, 1995

offices shall file for and be elected from the county at large from specific at-large seats. In addition, in order to stagger the terms of the at-large members, of the three at-large members elected in 1998, Seats 7 and 8 shall serve terms of four years each and Seat 9 shall serve a term of two years. Thereafter, all at-large members shall be elected for terms of four years each
. Only those electors residing in the particular district shall be eligible to vote for each of the six single-member trustees representing the district. The trustees from the single-member districts shall be elected for terms of four years and until their successors are elected or appointed and qualify; provided, however, in order to initially stagger the terms of the trustees, all even-numbered single member seats shall be elected for terms of four years to begin January 1, 1983, and to expire December 31, 1986, and all odd-numbered single member district seats shall be elected for terms of two years to begin January 1, 1983, and to expire December 31, 1984. Thereafter, all single member district seats shall be elected for terms of four years to begin January 1, 1983.

All members of the board of trustees shall be elected in a nonpartisan election at the time of the general election in the year in which their terms expire.

Upon the termination of the term of each single-member district trustee, his successor shall be a qualified elector of the same district and shall be elected in a nonpartisan election to be held at the same time as the general election preceding such the expiration date by the qualified electors of the district for a term of four years and until his successor is elected and qualifies. Vacancies on the board shall be filled for the remainder of the unexpired term by appointment by a majority of the members of the board of trustees. The board of trustees shall elect such the officers as it deems considers necessary."/

Amend title to conform.

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

ADOPTED

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


Printed Page 2576 . . . . . Tuesday, May 9, 1995

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

ADOPTION RECONSIDERED

AMENDED, ADOPTED

RETURNED TO THE HOUSE WITH AMENDMENTS

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.

Having voted on the prevailing side, Senator LEVENTIS asked unanimous consent to make a motion to reconsider the vote whereby the Senate adopted the Resolution.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.

Senator LEVENTIS proposed the following amendment (S-AGRI\4172.PPL), which was adopted:

Amend the resolution, as and if amended, on page 1, line 34 by adding the following:

/Be it further resolved that immediately following the election of all trustees, the General Assembly shall elect a successor to Mr. Sherman F. Smith of the Old Exchange Building Commission./

Amend title to conform.

Senator LEVENTIS explained the amendment.


Printed Page 2577 . . . . . Tuesday, May 9, 1995

There being no further amendments, the Resolution was adopted and returned to the House of Representatives with amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 822 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.

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

S. 823 -- Senators Wilson, Stilwell, Jackson, Martin and Lander: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL COURT MAY ORDER RESTITUTION IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

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

S. 824 -- Senator Leatherman: A CONCURRENT RESOLUTION TO COMMEND JOHN E. MILLER OF FLORENCE, PUBLISHER OF THE FLORENCE MORNING NEWS AND GROUP PUBLISHER FOR THE CAROLINA GROUP OF THE THOMSON NEWSPAPERS CORPORATION (TNC) WHICH INCLUDES THE FLORENCE MORNING NEWS, FOR HIS TRULY DISTINGUISHED SERVICE IN THESE CAPACITIES AND EXTEND TO HIM EVERY BEST WISH AS HE ASSUMES THE NEW POSITION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE ACADIANA STRATEGIC MARKETING GROUP OF TNC IN LAFAYETTE, LOUISIANA.

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

S. 825 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT NEWSPAPER


Printed Page 2578 . . . . . Tuesday, May 9, 1995

EDITORS, JAMES A. BROWN OF ANDERSON, WHO PASSED AWAY THURSDAY, APRIL 27, 1995.

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

S. 826 -- Senator Leatherman: A SENATE RESOLUTION TO COMMEND JOHN E. MILLER OF FLORENCE, PUBLISHER OF THE FLORENCE MORNING NEWS AND GROUP PUBLISHER FOR THE CAROLINA GROUP OF THE THOMSON NEWSPAPERS CORPORATION (TNC) WHICH INCLUDES THE FLORENCE MORNING NEWS, FOR HIS TRULY DISTINGUISHED SERVICE IN THESE CAPACITIES AND EXTEND TO HIM EVERY BEST WISH AS HE ASSUMES THE NEW POSITION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE ACADIANA STRATEGIC MARKETING GROUP OF TNC IN LAFAYETTE, LOUISIANA.

The Senate Resolution was adopted.

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.

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

REPORT OF STANDING COMMITTEE

Senator WILLIAMS from the Committee on Judiciary polled out S. 819 favorable:

S. 819 -- Senator Williams: A JOINT RESOLUTION TO PROVIDE THAT THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY HAS UNTIL JUNE 30, 1995, TO RESPOND TO AN AUDIT CONDUCTED ON THE AUTHORITY BY THE LEGISLATIVE AUDIT COUNCIL.

Poll of the Judiciary Committee on S. 819

Ayes 17; Nays 0; Not Voting 1

AYES

Williams          Holland          Saleeby
McConnell Bryan Wilson
Stilwell Moore Rose
Courtney Cork Ford

Printed Page 2579 . . . . . Tuesday, May 9, 1995

Glover GregoryJackson
Lander Martin

TOTAL--17

NAYS

TOTAL--0

NOT VOTING

Russell

TOTAL--1

Ordered for consideration tomorrow.

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

THIRD READING BILL

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

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.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.


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