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 3220 . . . . . Thursday, May 25, 1995

H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.

Senator MARTIN explained the Bill.


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THIRD READING BILL

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

S. 857 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1869, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILLS

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

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.

H. 4170--Ordered to a Third Reading

On motion of Senator MATTHEWS, H. 4170 was ordered to receive a third reading on Friday, May 26, 1995.

H. 4186 -- Reps. Shissias, Cotty, Rogers, Cromer, Harrison, Quinn, Howard, Scott, Neal, J. Brown and Byrd: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ADD THE GREGG PARK PRECINCT AND TO STIPULATE THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS IN RICHLAND COUNTY ARE SHOWN.


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H. 4186--Ordered to a Third Reading

On motion of Senator GIESE, H. 4186 was ordered to receive a third reading on Friday, May 26, 1995.

H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.

H. 4218--Ordered to a Third Reading

On motion of Senator MOORE, H. 4218 was ordered to receive a third reading on Friday, May 26, 1995.

S. 827 -- Senator Waldrep: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF HIGHWAY 76 AND INTERSTATE 85 IN ANDERSON COUNTY AS "CHARLANTA".

Senator WALDREP explained the Resolution.

H. 3237 -- Reps. Jennings and Baxley: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED BY THE CHIEF JUSTICE TO PRESIDE IN CERTAIN COURTS, SO AS TO PROVIDE THAT NO FURTHER SCREENING OF ANY JUDGE, RATHER THAN JUST JUDGES OF THE SUPREME COURT AND COURT OF APPEALS BEING ASSIGNED TO SIT ON SUCH COURTS, IS REQUIRED UNTIL THE TERM OF THAT JUDGE WOULD HAVE EXPIRED IF HE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM.

Senator STILWELL explained the Bill.

H. 3638 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GROUP DAY CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS,


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SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.

H. 3676 -- Reps. Trotter, Meacham, Hutson, P. Harris, L. Whipper, Cooper, Townsend, Simrill, Tripp, Cain, Hines, S. Whipper, Neilson, Kirsh, Limehouse, Anderson, Robinson, Breeland, Rice, Chamblee, Marchbanks, Easterday, Stoddard, Waldrop, Spearman and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CIRCUMSTANCES IN SCHOOL SETTINGS UNDER WHICH A SEALANT MAY BE APPLIED AND A PROPHYLAXIS PERFORMED BY A DENTAL HYGIENIST.

H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.

H. 3711 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-105 SO AS TO AUTHORIZE, UPON CERTIFICATION AND SUPERVISION, DENTAL HYGIENISTS AND EXPANDED DUTY DENTAL ASSISTANTS TO MONITOR NITROUS OXIDE ANESTHESIA.

H. 3712 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 3224 . . . . . Thursday, May 25, 1995

RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE THAT UPON CERTIFICATION AND UNDER THE SUPERVISION OF A DENTIST A DENTAL HYGIENIST MAY ADMINISTER INFILTRATION ANESTHESIA.

H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.

H. 3839--Ordered to a Third Reading

On motion of Senator SALEEBY, H. 3839 was ordered to receive a third reading on Friday, May 26, 1995.

H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4216--Ordered to a Third Reading

On motion of Senator SALEEBY, H. 4216 was ordered to receive a third reading on Friday, May 26, 1995.

H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 3225 . . . . . Thursday, May 25, 1995

H. 4232--Ordered to a Third Reading

On motion of Senator SALEEBY, H. 4232 was ordered to receive a third reading on Friday, May 26, 1995.

H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.

H. 4219--Ordered to a Third Reading

On motion of Senator LANDER, H. 4219 was ordered to receive a third reading on Friday, May 26, 1995.

H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

H. 4229--Ordered to a Third Reading

On motion of Senator LANDER, H. 4229 was ordered to receive a third reading on Friday, May 26, 1995.

H. 4230 -- Reps. Stoddard, Wilder and Carnell: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

H. 4230--Ordered to a Third Reading

On motion of Senator BRYAN, H. 4230 was ordered to receive a third reading on Friday, May 26, 1995.

H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

H. 4089--Ordered to a Third Reading

On motion of Senator LANDER, H. 4089 was ordered to receive a third reading on Friday, May 26, 1995.


Printed Page 3226 . . . . . Thursday, May 25, 1995

AMENDED, READ THE SECOND TIME

S. 639 -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.

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 (JUD0639.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 30, in Section 16-11-510(B)(2), as contained in SECTION 1, by striking lines 30 through 33 in their entirety and inserting therein the following:

/(2) felony misdemeanor and, upon conviction, must be fined in the discretion of the court not more than five thousand dollars or imprisoned not more than five years one year, or both, if the value of injury to the property or the property loss is worth more than one thousand dollars but less than five thousand dollars;/.

Amend the bill further, as and if amended, page 2, beginning on line 7, in Section 16-11-520(B)(2), as contained in SECTION 2, by striking lines 7 through 10 in their entirety and inserting therein the following:

/(2) felony misdemeanor and, upon conviction, must be fined in the discretion of the court not more than five thousand dollars or imprisoned not more than five years one year, or both, if the amount of injury to the property or damage to the property loss is worth more than one thousand dollars but less than five thousand dollars;/.

Amend title to conform.

Senator BRYAN proposed the following amendment (JUD0639.003), which was adopted:

Amend the bill, as and if amended, page 2, line 4, in Section 16-11-520(B)(1), as contained in SECTION 2, by inserting after the word /years/ the words /, or both,/.

Amend title to conform.

Senator BRYAN explained the amendment.


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

AMENDED, READ THE SECOND TIME

S. 695 -- Senators Richter and Hayes: A BILL TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD COMMITTED TO CUSTODY OTHER THAN THAT OF HIS PARENTS, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE FAMILY COURT TO ORDER THE PARENT OR PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF HIS PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE AND TO REQUIRE THE COURT IN MAKING ITS DETERMINATION WHETHER TO ORDER CHILD SUPPORT TO CONSIDER THE CONDUCT OF THE PARENT IN SUPERVISING AND PROVIDING CARE FOR THE CHILD; AND TO AMEND SECTION 20-7-2180 OF THE 1976 CODE, RELATING TO THE RESPONSIBILITY OF THE DEPARTMENT OF JUVENILE JUSTICE FOR A CHILD COMMITTED TO ITS CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE SHALL BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

The General Committee proposed the following amendment (PFM\7496AC.95), which was adopted:

Amend the bill, as and if amended, Section 20-7-1340, page 2, line 10, by inserting after the /./:

/If the parents of the child are living apart, the solicitor shall pursue child support payments from both parents./

Amend further, Section 20-7-1340, page 2, by deleting line 13, and inserting:


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/court may direct, such sum within his ability to pay in accordance with child support guidelines promulgated by the Department of Social Services, so as to cover in/.

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.

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 (JUD3515.003), which was adopted:

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

/SECTION 1. Section 2-3-75 of the 1976 Code is amended to read:

"Section 2-3-75. The Office of Legislative Printing and Information Technology Resources (LPITR) shall be established under the joint direction and management of the Clerk of the Senate and the Clerk of the House. The Clerks clerks shall employ a director to carry out the business of the office, who shall have authority to hire and discharge staff with the approval of the Clerks clerks, with such funds as may be authorized by the General Assembly. The Office of Legislative Printing and Information Technology Resources shall have the following authority and duties:

(1) The Office of Legislative Printing and Information Technology Resources shall To provide printing and technical services to the House of Representatives, the Senate, the Legislative Council, and the Code Commissioner. The Director of LPITR shall, with the approval of the Clerks clerks, contract for all legislative printing requirements not


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otherwise provided for by law. LPITR shall also contract for the printing requirements of the Code Commissioner as contained in Section 2-13- 60(4).

(2) To sell or otherwise distribute Any any materials which are have been printed or distributed in hard copy or electronic form paid for under the by LPITR which may be obtained under the provisions of Chapter 4 of Title 30 printing contract may be sold to other state agencies and private persons. All funds received for such this service shall be deposited in the state treasury to the credit of the general fund of the State. Before any funds are paid into the state treasury, all necessary expenses incurred by accounts of the Office of LPITR to be used in the production and distribution of materials in accordance with this section may be first deducted and retained by the Office of LPITR. Payment for such expenses may be made on order of the Director of Legislative Printing and Information Technology Resources and approval of the Clerks of the House and Senate.

(3) Legislative Printing and Information Technology Resources may sell by means of electronic transmission or by such other means as it deems appropriate any legislative document or report which may be obtained under the provisions of Chapter 4 of Title 30 of the 1976 Code as amended. Such sale shall be with the approval of the Clerks of the House and Senate upon their prior consultation with the Speaker of the House and the President Pro Tempore of the Senate."

SECTION 2. Section 2-7-80 of the 1976 Code is amended to read:

"Section 2-7-80. The clerks of the two houses of the General Assembly are directed to have printed provide all statewide acts after their approval by the Governor and to place upon the desk of each member of the General Assembly, not later than two weeks after the approval date,. a copy of such acts and to The clerks must mail copies to the house home offices of those members who request such services and, after subsequent to sine die adjournment each year, to mail a copy of all acts not placed on the members' desks during the session to the home address of each member of the General Assembly. In addition, three copies must be provided mailed to each clerk of court in the State, to the head of each state department and institution, to the Chief Justice and associate justices of the Supreme Court, to the Chief Judge and associate judges of the Court of Appeals, and each judge of the judicial circuits. Likewise, printed copies of local acts approved by the Governor must be furnished provided to the members of the legislative delegation from the county involved. The Secretary of State shall notify the respective clerks immediately upon receipt of all acts available to them for proofreading.


Printed Page 3230 . . . . . Thursday, May 25, 1995

Copies of printed statewide acts of the General Assembly must be supplied to the county clerks of court and county boards of commissioners."


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