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 3510, May 31 | Printed Page 3530, May 31 |
Printed Page 3520 . . . . . Wednesday, May 31, 1995
Whereupon, the PRESIDENT appointed Senators HOLLAND, McCONNELL and MOORE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

RECALLED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENT

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

Printed Page 3521 . . . . . Wednesday, May 31, 1995
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.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

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

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.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 897 -- Senator Ryberg: A BILL TO AMEND SECTION 1-30-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY SHALL BE ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 13-1-10 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO TRANSFER TO THE DEPARTMENT THE FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY AND TO ABOLISH THE AUTHORITY'S BOARD OF DIRECTORS; TO AMEND SECTION 13-1-1710 OF THE 1976 CODE, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE SOUTH CAROLINA JOBS-ECONOMIC AUTHORITY AS DESIGNATED BY THE SECRETARY OF COMMERCE SHALL BE A MEMBER OF THE COUNCIL RATHER THAN THE CHAIRMAN OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; TO AMEND SECTION 41-43-30 OF THE 1976 CODE, RELATING TO THE GOVERNANCE OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY SHALL BE GOVERNED BY THE

Printed Page 3522 . . . . . Wednesday, May 31, 1995
SECRETARY OF COMMERCE RATHER THAN A BOARD OF DIRECTORS; TO AMEND SECTION 41-43-50 OF THE 1976 CODE, RELATING TO THE ORGANIZATION OF THE AUTHORITY'S BOARD OF DIRECTORS, AND SECTION 41-43-90 OF THE 1976 CODE, RELATING TO POWERS OF THE AUTHORITY, SO AS TO DELETE PROVISIONS RELATING TO THE BOARD OF DIRECTORS; TO AMEND SECTION 41-43-210 OF THE 1976 CODE, RELATING TO THE USE OF FUNDS BY THE AUTHORITY FOR ADMINISTRATIVE PURPOSES, SO AS TO PROVIDE FOR ESTABLISHMENT OF POLICIES BY THE SECRETARY OF COMMERCE RATHER THAN THE BOARD OF DIRECTORS; TO AMEND SECTION 41-43-240 OF THE 1976 CODE, RELATING TO THE CREATION OF NONPROFIT CORPORATIONS BY THE AUTHORITY, SO AS TO PROVIDE THAT THE BOARD OF A NONPROFIT CORPORATION CREATED BY THE AUTHORITY MUST BE APPOINTED BY THE SECRETARY OF COMMERCE RATHER THAN ELECTED BY THE AUTHORITY'S BOARD OF DIRECTORS; AND TO REPEAL SECTIONS 41-43-40 AND 41-43-60 OF THE 1976 CODE RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS AND MEETINGS OF THE BOARD.

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

S. 898 -- Senator Leatherman: A BILL TO AMEND SECTIONS 17-5-140 AND 17-5-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER AND MEDICAL EXAMINER, RESPECTIVELY, TO NOTIFY THE DEPARTMENT OF CHILD FATALITIES OF CERTAIN DEATHS, SO AS TO PROVIDE IMMUNITY FROM A CIVIL ACTION FOR ACTS OR COMMISSIONS MADE IN COMPLIANCE WITH THE LAW; TO AMEND SECTION 20-7-5910, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A PEDIATRICIAN WITH EXPERTISE IN SUDDEN INFANT DEATH SYNDROME; AND TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO PURPOSE AND DUTIES OF THE DEPARTMENT OF CHILD FATALITIES, SO AS TO DIRECT THE DEPARTMENT TO REQUIRE AN AUTOPSY IN CERTAIN CASES OF SUDDEN DEATH OF AN INFANT AND TO DEVELOP A PROTOCOL FOR THESE AUTOPSIES.

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

Printed Page 3523 . . . . . Wednesday, May 31, 1995
S. 899 -- Senator Land: A BILL TO AMEND SECTION 59-53-1900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TWO OR MORE SCHOOL DISTRICTS JOINING TO CREATE VOCATIONAL SCHOOL BOARDS AND THE MEMBERSHIP OF THESE VOCATIONAL SCHOOL BOARDS SO AS TO PROVIDE THAT THE SUPERINTENDENTS OF PARTICIPATING SCHOOL DISTRICTS SHALL SERVE AS VOTING MEMBERS RATHER THAN AS NONVOTING MEMBERS OF THESE BOARDS AND TO FURTHER PROVIDE FOR THE OTHER ORGANIZATIONAL MATTERS REGARDING THESE BOARDS.

Read the first time and on motion of Senator LAND, with unanimous consent, ordered placed on the local and uncontested Calendar without reference.

S. 899--Ordered to a Second and Third Reading

On motion of Senator LAND, S. 899 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 900 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION CONGRATULATING CRESCENT HIGH SCHOOL GIRLS' SOFTBALL TEAM OF IVA, SOUTH CAROLINA, UPON RECOGNITION AS THE 1995 AA STATE CHAMPIONS.

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

S. 901 -- Senator Gregory: A CONCURRENT RESOLUTION RECOGNIZING MRS. VIRGINIA PADGETT BIGGERSTAFF OF LANCASTER COUNTY UPON THE OCCASION OF HER RETIREMENT AFTER A THIRTY-YEAR TEACHING CAREER AND EXTENDING BEST WISHES FOR A LONG AND FULFILLING RETIREMENT.

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

S. 902 -- Senators Richter, McConnell, Matthews, Passailaigue, Rose, Washington, Ford, Mescher and Greg Smith: A CONCURRENT RESOLUTION TO HONOR THE BELOVED CAROLYN HEYMAN GOODSTEIN OF CHARLESTON ON THE OCCASION OF HER EIGHTY-FIFTH BIRTHDAY AND TO CELEBRATE HER RICH AND FULL LIFE AND WISH HER A FUTURE FULL OF GOOD HEALTH AND THE CONTINUED ENJOYMENT OF A LOVING AND DEVOTED FAMILY.

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

Printed Page 3524 . . . . . Wednesday, May 31, 1995
H. 4285 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARTIN BROTHERS, INC., OF SUMMERTON ON BEING SELECTED AS THE FIRST RECIPIENT OF GEORGIA-PACIFIC'S "OUTSTANDING LOGGER AWARD".

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

H. 4288 -- Reps. Neilson, Baxley and Hines: A CONCURRENT RESOLUTION CONGRATULATING THE ST. JOHNS HIGH SCHOOL VARSITY BASEBALL TEAM OF DARLINGTON COUNTY ON WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP.

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

H. 4289 -- Rep. Boan: A CONCURRENT RESOLUTION COMMENDING JAMES M. "JIMMY" NEAL OF LANCASTER COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE LANCASTER COUNTY SCHOOL DISTRICT AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF ANDREW JACKSON HIGH SCHOOL.

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

CONCURRENCE

S. 734 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM WILLIAMSTON SOUTHWARD THROUGH BELTON TO THE ABBEVILLE COUNTY LINE AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY".

The House returned the Resolution with amendments.

On motion of Senator O'DELL, the Senate concurred in the House amendments and a message was sent to the House accordingly.

Point of Quorum

Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

CONCURRENCE

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN

Printed Page 3525 . . . . . Wednesday, May 31, 1995
POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

The House returned the Bill with amendments.

On motion of Senator BRYAN, 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.

CONCURRENCE

S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

Printed Page 3526 . . . . . Wednesday, May 31, 1995
CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.

The House returned the Bill with amendments.

Senator GREG SMITH proposed the following amendment (397R002.GS), which was tabled:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Chapter 5, Title 61 of the 1976 Code is amended by adding:
"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).

(B) Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:

(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;

(2) the annual accommodation tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and

(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures has been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a

Printed Page 3527 . . . . . Wednesday, May 31, 1995
permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Department of Revenue. The question on the ballot shall read substantially as follows:

`Shall the Department of Revenue be authorized to issue temporary permits in the (portion of the unincorporated area of the county) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/

Amend title to conform.

Senator GREG SMITH explained the amendment.

Senator CORK argued contra to the amendment.

Senator CORK moved to lay the amendment on the table.

The amendment was tabled.

On motion of Senator RYBERG, 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.

CONCURRENCE RECONSIDERED

CARRIED OVER

S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO

Printed Page 3528 . . . . . Wednesday, May 31, 1995
PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Senate concurred in the House amendments.

There was no objection.

Senator RYBERG explained the amendment.

Senator McGILL asked to carry the Bill over.

There was no objection.

CONCURRENCE

S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER 7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.

The House returned the Bill with amendments.

On motion of Senator PASSAILAIGUE, 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.

CONCURRENCE

H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE

Printed Page 3529 . . . . . Wednesday, May 31, 1995
DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

The House returned the Bill with amendments.

Senator STILWELL explained the amendments.

On motion of Senator STILWELL, 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. 894 -- Senators Wilson, Courson, Giese, Patterson, Jackson, Ryberg, Setzler, Lander and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE FIRST PRESBYTERIAN CHURCH (ASSOCIATE REFORMED SYNOD) OF COLUMBIA, SOUTH CAROLINA, ON THE OCCASION OF ITS TWO HUNDREDTH ANNIVERSARY, JUNE 4, 1995.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 895 -- Senator O'Dell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF ANDERSON POLICE CHIEF JAMES E. BURRISS ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 896 -- Senators Matthews, Rose, Mescher, Washington and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE JUDGE CRANSTON PINCKNEY FOR HIS SERVICE TO THE COMMUNITIES OF DORCHESTER COUNTY AND TO CONGRATULATE HIM UPON HIS APPOINTMENT AS THE FIRST AFRICAN-AMERICAN TO SERVE AS A DORCHESTER COUNTY MAGISTRATE.

Returned with concurrence.

Received as information.

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