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 2790, May 16 | Printed Page 2810, May 17 |

Printed Page 2800 . . . . . Tuesday, May 16, 1995

H. Subsection A of this section takes effect upon approval by the Governor. The remaining subsections of this section take effect January 1, 1996, or as otherwise stated, but only upon the certification of the State Election Commission to the Code Commissioner and the Department of Revenue and Taxation of a majority "yes" vote in the referendum provided by this section.

SECTION 3. Unless otherwise provided, this act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Senator PASSAILAIGUE argued contra to the adoption of the amendment.

Senator LEATHERMAN argued in favor of the adoption of the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 33; Nays 9

AYES

Alexander         Bryan            Cork
Courson Courtney Drummond
Elliott Ford Giese
Gregory Holland Jackson
Land Lander Leatherman
Leventis Martin Matthews
McGill Mescher Moore
Patterson Reese Russell
Ryberg Saleeby Setzler*
Short Smith, G. Smith, J.V.
Thomas Waldrep Washington
Williams
TOTAL--33



Printed Page 2801 . . . . . Tuesday, May 16, 1995

NAYS

Hayes             McConnell        O'Dell
Passailaigue Peeler Rankin
Rose Stilwell Wilson

TOTAL--9

The amendment was adopted.

*This Senator was present, but not in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Statement by Senator ROSE

I voted against Amendment No. 1 primarily because the amendment did not provide an opportunity to vote on the repeal or the retention of the Local Option Sales Tax at the same time that a referendum would be held on whether to impose an additional 1 cent sales tax to effectuate some property tax relief. In addition, this amendment does not provide sufficient property tax relief. We can do better.

Senator PASSAILAIGUE spoke on the Bill.

On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, Senator PASSAILAIGUE retaining the floor.

LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Clarendon County Delegation, on motion of Senator LAND, the following appointment was confirmed in open session:

Initial Appointment, Clarendon County Probate Judge, with term to commence January 5, 1993, and to expire January 7, 1997:

Ralph F. Cothran, Post Office Drawer 700, Manning, S.C. 29102 VICE Honorable Julien Weinberg (resigned)

Having received a favorable report from the Berkeley County Delegation, on motion of Senator MESCHER, the following appointment was confirmed in open session:


Printed Page 2802 . . . . . Tuesday, May 16, 1995

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:

Berkeley County:

Thaddeus J. Bell, M.D., 80 Monte Sano Drive, Hanahan, S.C. 29406

ADJOURNMENT

At 1:28 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 2803 . . . . . Wednesday, May 17, 1995

Wednesday, May 17, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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 words from the Epistle to the Hebrews, Chapter 13 (1-2):

"Let mutual love continue.

Do not neglect to show hospitality

to strangers, for by doing that

Some have entertained angels without

knowing it."
Let us pray.

Lord God, the God of Justice and Mercy, of Love and Long-suffering:

Help us to face the issues of our common life with competence and calm calculation.

As we approach the waiting tasks of a new day grant to us all a solemn sense of the stewardship of public office.

Equip us with patience and perseverance for strenuous hours and sound judgment in difficult decisions, remembering:

"God who stretched the spangled heavens

Infinite in time and place,

Flung the suns in burning radiance

Through the silent fields of space:

We, Your children in Your likeness,

Share inventive pow'rs with You,

Great Creator, still creating,

Show us what we yet may do."

Amen.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork


Printed Page 2804 . . . . . Wednesday, May 17, 1995

Courtney DrummondElliott
Ford Giese Glover
Hayes Jackson Lander
Leatherman Leventis Martin
Matthews McConnell McGill
Mescher Moore Passailaigue
Patterson Peeler Rankin
Richter Rose Ryberg
Saleeby Setzler Short
Smith, J.V. Stilwell Thomas
Washington Williams Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senators COURSON, HOLLAND, GREGORY, O'DELL, REESE, RUSSELL, GREG SMITH and WALDREP recorded their presence subsequent to the Call of the Senate.

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

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Donald Gregg of Greenville, S.C., Doctor of the Day.

Leave of Absence

At 12:00 Noon, Senator ROSE requested a leave of absence for Thursday, May 18, 1995.

S. 602--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION


Printed Page 2805 . . . . . Wednesday, May 17, 1995

REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS
Printed Page 2806 . . . . . Wednesday, May 17, 1995

TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.
asks for a Committee of Conference, and has appointed Reps. Cato, Gamble and Neal of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators GREGORY, JACKSON and SHORT of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 3448--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 16, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
Very respectfully,
Speaker of the House

On motion of Senator MOORE, the Senate insisted upon its amendments to H. 3448 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators MOORE, LANDER and WALDREP of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 16, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:


Printed Page 2807 . . . . . Wednesday, May 17, 1995

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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


Printed Page 2808 . . . . . Wednesday, May 17, 1995

NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 16, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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


Printed Page 2809 . . . . . Wednesday, May 17, 1995

SEVEN TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION COUNTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

RECALLED, READ THE SECOND TIME

H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

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

The Bill was read the second time and ordered placed on the third reading Calendar.

H. 3413--Ordered to a Third Reading

On motion of Senator HOLLAND, H. 3413 was ordered to receive a third reading on Thursday, May 18, 1995.

RECALLED

H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.


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