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 2570, May 9 | Printed Page 2590, May 9 |

Printed Page 2580 . . . . . Tuesday, May 9, 1995

Senator HOLLAND 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 adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD3096.002), which was adopted:

Amend the bill, as and if amended, page 1, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 16-1-60 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B)),; engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."

SECTION 2. This act takes effect upon approval by the Governor./.

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.


Printed Page 2581 . . . . . Tuesday, May 9, 1995

SECOND READING BILLS

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

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, 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".

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

There was no objection.

Senator LAND explained the Bill.

S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.


Printed Page 2582 . . . . . Tuesday, May 9, 1995

S. 820 -- Education 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.

S. 821 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ADOPTED

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

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3363, THE CAPITAL RESERVE FUND.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.

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


Printed Page 2583 . . . . . Tuesday, May 9, 1995

Amendment No. 4

Senator ELLIOTT proposed the following Amendment No. 4 (JIC\5937HTC.95), which was tabled:

Amend the joint resolution, as and if amended, SECTION 1, page 2, item (17), line 22, by striking /1,000,000/ and inserting /780,000/.

Amend further, SECTION 2, page 2, by inserting an appropriately numbered item immediately after line 32 to read:

/( ) Division of Veterans Affairs

Veterans Cemetery. . . . .220,000/

Amend further, SECTION 2, page 3, by adding an appropriately numbered item at the end to read:

/( ) The appropriation under the Division of Veterans Affairs for the Veterans Cemetery may not be paid unless federal funds are obtained for the project./

Renumber items to conform.

Amend totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

RECESS

At 12:25 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed five minutes.

At 12:30 P.M., the Senate resumed.

Amendment No. 3

Senators PASSAILAIGUE, FORD, McCONNELL, RICHTER, ROSE, GREG SMITH, WASHINGTON and MESCHER proposed the following Amendment No. 3 (BBM\10265JM.95), which was adopted:

Amend the joint resolution, as and if amended, SECTION 1, item (13), Department of Parks, Recreation and Tourism/Palmetto Trail, page 2, line 12, by striking /800,000/ and inserting /600,000/.

Amend further, page 2, by inserting a new, appropriately-numbered item (following item 22 and line 32), to read:


Printed Page 2584 . . . . . Tuesday, May 9, 1995

/( ) Charleston Redevelopment Authority. . . . .200,000/.

Renumber sections to conform.

Amend totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.

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

Senator DRUMMOND spoke on the Bill.

Amendment No. 1

Senator MARTIN proposed the following Amendment No. 1 (JIC\5910HTC.95), which was adopted:

Amend the bill, as and if amended, Section 3, page 4, by adding an appropriately numbered item at the end to read:


Printed Page 2585 . . . . . Tuesday, May 9, 1995

/( ) Payment of the appropriation to the Department of Education for the Darlington Desegregation Lawsuit is contingent on the outcome of the lawsuit./

Renumber items to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 2

Senator ALEXANDER proposed the following Amendment No. 2 (BBM\10280JM.95), which was tabled:

Amend the bill, as and if amended, Section 1, page 2, line 26, by striking /1,093,246/ and inserting /818,246/.

Amend the section further, page 3, after line 40, by adding a new item appropriately-numbered to read:

/( ) Governor's Office-SLED

DataMaster. . . . .275,000 /.

Renumber sections to conform.

Amend totals and title to conform.

Senator ALEXANDER explained the amendment.

Senator LEVENTIS argued contra to the adoption of the amendment.

Senator LEVENTIS moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 4

Senators WILLIAMS and LAND proposed the following Amendment No. 4 (3647R300.MBW), which was adopted:

Amend the amendment, as and if amended, Section 1, page 2, lines 3 and 4 by:

Striking Item: (7) Commission on Higher Education

African-American Loan Program. . . . .$330,000

Inserting Item: (7) University of South Carolina

Law School Library. . . . .$330,000

Amend sections, totals and title to conform.

Senator WILLIAMS explained the amendment.


Printed Page 2586 . . . . . Tuesday, May 9, 1995

Senator WILLIAMS moved that the amendment be adopted.

The amendment was adopted.

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

AMENDED, DEBATE INTERRUPTED

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

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

Amendment No. 21

By previous action of the Senate on Friday, May 5, 1995, Amendment No. 21 (3690R104.GFM) proposed by Senators McCONNELL, McGILL, PASSAILAIGUE, SHORT, O'DELL and ROSE was adopted as follows:

Amend the amendment, as and if amended, Section 2, page 3, after line 15, by adding an appropriately numbered item to read:

/( ) Women's Leadership Program. . . . .2,000,000/

Amend sections, totals and title to conform.

The amendment was adopted.

Amendment No. 1

Senators DRUMMOND, J. VERNE SMITH and LAND proposed the following Amendment No. 1 (JIC\5935HTC.95), which was adopted:

Amend the joint resolution, as and if amended, SECTION 2, page 3, by inserting immediately before line 6:

/(1) Advisory Coordinating Council for

Economic Development. . . . .1,000,000/

and by renumbering the remaining items in SECTION 2 to conform.

Amend totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.


Printed Page 2587 . . . . . Tuesday, May 9, 1995

Amendment No. 2

Senators DRUMMOND and LAND proposed the following Amendment No. 2 (103.BBH), which was adopted:

Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:

(6) Budget & Control Board

Advisory Commission on

Intergovernmental Relations. . . . .$250,000

From the funds appropriated, the Director of the Advisory Commission on Intergovernmental Relations, Budget and Control Board, will conduct a study of the infrastructure capacity, needs, and developmental potential within the regions of the State. An advisory steering committee will be comprised of the Executive Director of the Budget and Control Board, the Secretary of Commerce, the Executive Director of the Department of Transportation, the Director of the Department of Parks, Recreation & Tourism, or their designees, three appointees of the Governor, three appointees of the Chairman of the Senate Finance Committee, three appointees of the Chairman of the House Ways & Means Committee and three representatives selected by the executive directors of the Regional Councils of Government. This committee will assist in the design of the study and will participate in the analysis of its findings. The Governor will designate one of his appointees to serve as chairperson. A final report will be submitted to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House Ways & Means Committee by June 30, 1996.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

The amendment was adopted.

Amendment No. 3

Senator GIESE proposed the following Amendment No. 3 (010.RDY), which was adopted:

Amend the joint resolution, as and if amended, Section 2, page 3, after line 15 by adding an appropriately numbered item to read:

( ) University of South Carolina

Center for Electrochemical Engineering. . . . .500,000

Amend sections, totals and title to conform.

Senator GIESE explained the amendment.


Printed Page 2588 . . . . . Tuesday, May 9, 1995

Senator GIESE moved that the amendment be adopted.

The amendment was adopted.

Objection

Senator PEELER asked unanimous consent to make a motion that, when the Senate had completed consideration of all amendments to H. 3690, that H. 3690 be recommitted to the Senate Finance Committee, retaining its place on the Calendar, for the purpose of the committee making a report as to a rank priority of those items which had been added to H. 3690 by the various adopted amendments.

Parliamentary Inquiry

Senator STILWELL made a Parliamentary Inquiry as to the order in which adopted amendments would be engrafted into the Joint Resolution.

The PRESIDENT stated that the adopted amendments would be engrafted, seriatim, in order of adoption.

Point of Order

Senator LEATHERMAN raised a Point of Order that the motion was out of order inasmuch as the Senate was not in the Motion Period.

Senator PEELER stated that the motion was made with unanimous consent.

Senator J. VERNE SMITH objected to the unanimous consent request.

Objection

At 1:05 P.M., Senator DRUMMOND asked unanimous consent to make a motion that no additional amendments would be received at the Desk after 1:30 P.M.

Senator HOLLAND objected.

Objection

At 1:07 P.M., Senator DRUMMOND asked unanimous consent to make a motion that no additional amendments would be received by the Desk effective immediately.

Senator RANKIN objected.

Objection

Senator PEELER asked unanimous consent to make a motion that, when the Senate had completed consideration of all amendments to H. 3690, that


Printed Page 2589 . . . . . Tuesday, May 9, 1995

H. 3690 be recommitted to the Senate Finance Committee, retaining its place on the Calendar, for the purpose of the committee making a report as to a rank priority of those items which had been added to H. 3690 by the various adopted amendments, and further, that the report would be up for consideration, to be rejected or accepted by the body.

Senator J. VERNE SMITH objected.

MOTION ADOPTED

Further Amendments Prohibited

At 1:10 P.M., Senator DRUMMOND asked unanimous consent to make a motion that no further amendments would be accepted by the Desk effective immediately.

There was no objection and the motion was adopted.

Objection

Senator MATTHEWS asked unanimous consent to make a motion that after all amendments to H. 3690 had been considered, that the Senate Finance Committee set a rank order of priority of the items added to the Joint Resolution and then make a report to the body.

Senator J. VERNE SMITH objected.

Objection

Senator PEELER asked unanimous consent to make a motion that, when all amendments have been considered, the amendments adopted be engrafted into the Joint Resolution in inverse order of adoption.

Senator SHORT objected.

On motion of Senator DRUMMOND, debate was interrupted by recess.

RECESS

At 1:12 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.


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