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 390, Jan. 26 | Printed Page 410, Jan. 31 |

Printed Page 400 . . . . . Thursday, January 26, 1995

Whereas, the Honorable E.B. (Mac) McLeod of Sumter County for eight years represented the citizens of House District 67 (Sumter and Clarendon counties) with diligence and excellence in the General Assembly of this great State; and

Whereas, Mac McLeod was an outstanding member of the House of Representatives and always worked hard for his constituents and for the State as a whole; and

Whereas, Mac's honesty, intelligence, friendliness, and commitment to good government endeared him to his colleagues who admired him for his legislative abilities; and

Whereas, among Mac's many accomplishments, the following are noteworthy: he sponsored a tough crime bill placed at the request of Sheriff Tommy Mims; Mac developed a new Sumter County Voter/Election Board, which works together as one unit for more efficient elections; he took an active role in the restructuring of the South Carolina Department of Highways and Public Transportation and led the fight to make this department (the state's largest agency) more accountable and efficient; and he sponsored other legislation dealing with crime, welfare, and tax reform; and

Whereas, we will miss Mac in the State House and hope that he experiences happiness and good luck in all of his endeavors. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable E.B. (Mac) McLeod of Sumter County for his eight years of outstanding and dedicated service as a member of the General Assembly and wish him happiness in all of his endeavors.

Be it further resolved that a copy of this resolution be forwarded to our distinguished former colleague, the Honorable E.B. (Mac) McLeod.

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

H. 3357 -- Reps. Allison, Wells, Walker, Littlejohn, Beatty, Wilder, Vaughn, Davenport, Lanford and D. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE JAMES F. BYRNES


Printed Page 401 . . . . . Thursday, January 26, 1995

HIGH SCHOOL BAND OF SPARTANBURG COUNTY UPON WINNING THE CLASS AAAA STATE BAND CHAMPIONSHIP.

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

H. 3390 -- Reps. Davenport and Walker: A CONCURRENT RESOLUTION TO RECOGNIZE GRAHAM KYLE EASLER OF SPARTANBURG COUNTY FOR HIS OUTSTANDING 1994 FOOTBALL SEASON AT BOILING SPRINGS HIGH SCHOOL.

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

H. 3391 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MS. HOLLY KRISTINA CRAIN OF INMAN AND TO EXTEND SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 3392 -- Rep. Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS BEING MADE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THE STUDENTS IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND TO DECLARE TUESDAY, JANUARY 31, 1995, AS "CHILDREN FIRST DAY" IN THIS STATE.

Whereas, the Constitution of this State declares that it is the responsibility of the State to provide a system of free public schools; and

Whereas, over six hundred thousand students attend the public schools in South Carolina; and

Whereas, South Carolina's future could be irreparably harmed if today's students are not trained to compete in the changing, global economy of the twenty-first century; and

Whereas, South Carolina's education system is committed to reaching the National Education Goals by the year 2000. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the efforts being made to provide educational opportunities for the students in South Carolina's public school system and declare Tuesday, January 31, 1995, as "Children First Day" in this State.

Referred to the Committee on Invitations.


Printed Page 402 . . . . . Thursday, January 26, 1995

H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

HOUSE CONCURRENCE

S. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Returned with concurrence.

Received as information.

S. 400 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE CRAWFORD CLARKSON, JR., OF COLUMBIA IN RICHLAND COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER AND CHAIRMAN OF THE SOUTH CAROLINA TAX COMMISSION.

Returned with concurrence.

Received as information.

S. 401 -- Senator Drummond: A CONCURRENT RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO THE STATE'S VOLUNTEER CAROLINA HEALTHSTYLE COORDINATORS, COMMENDING THEIR EFFORTS IN PROMOTING GOOD HEALTH, EARLY DETECTION OF DISEASE, AND DISEASE PREVENTION, AND ENDORSING CAROLINA HEALTHSTYLE, SOUTH CAROLINA'S STATE EMPLOYEE HEALTH PROMOTION PROGRAM.

Returned with concurrence.

Received as information.


Printed Page 403 . . . . . Thursday, January 26, 1995

S. 402 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE JAMES M. WADDELL, JR., FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA TAX COMMISSION.

Returned with concurrence.

Received as information.

S. 403 -- Senator Leatherman: A CONCURRENT RESOLUTION PROCLAIMING THE WEEK OF MARCH 19-25, 1995, AS MUSIC THERAPY WEEK IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 405 -- Senator Leventis: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAT VELTRE, ONE OF SUMTER'S MOST DISTINGUISHED CONDUCTORS AND BAND DIRECTORS, UPON HIS RETIREMENT AND TO EXPRESS TO HIM SINCERE THANKS FOR ALL HE HAS DONE ON BEHALF OF THE CITIZENS OF SUMTER COUNTY.

Returned with concurrence.

Received as information.

S. 406 -- Senators Land and Leventis: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE E.B. (MAC) MCLEOD OF SUMTER COUNTY FOR HIS EIGHT YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND WISHING HIM HAPPINESS IN ALL OF HIS ENDEAVORS.

Returned with concurrence.

Received as information.

S. 416 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS BEING MADE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THE STUDENTS IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND TO DECLARE TUESDAY, JANUARY 31, 1995, AS "CHILDREN FIRST DAY" IN THIS STATE.

Returned with concurrence.

Received as information.


Printed Page 404 . . . . . Thursday, January 26, 1995

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. 391 -- Senator Leatherman: A BILL TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.

(By prior motion of Senator LEATHERMAN)

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.

SECOND READING BILLS

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

S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

Senator COURTNEY explained the Resolution.


Printed Page 405 . . . . . Thursday, January 26, 1995

S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995 TO DECEMBER 31, 1995, AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.

Senators PEELER and HOLLAND spoke on the Resolution.

AMENDED, READ THE SECOND TIME

S. 116 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-385 SO AS TO PROVIDE THAT ATTORNEYS-AT-LAW LICENSED TO PRACTICE IN OTHER STATES OR JURISDICTIONS BUT NOT IN SOUTH CAROLINA MAY PROVIDE PRO BONO LEGAL SERVICES TO INDIGENT CITIZENS OF THIS STATE IN THE MANNER PROVIDED BY RULE OF THE SUPREME COURT.

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 (JUD0116.001), which was adopted:

Amend the bill, as and if amended, page 1, line 24, in Section 40-5-385, as contained in SECTION 1, by striking /but not in South Carolina/ .

Amend title to conform.

Senator COURTNEY explained the amendment.

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

ADOPTED

H. 3221 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO PROCLAIM SUNDAY, APRIL 23, 1995, THROUGH SATURDAY, APRIL 29, 1995, AS GOLF WEEK IN SOUTH CAROLINA WHICH WILL BE OBSERVED THROUGHOUT THE STATE WITH APPROPRIATE CEREMONIES AND EVENTS TO RECOGNIZE THE ECONOMIC IMPACT OF THE GOLF INDUSTRY IN SOUTH


Printed Page 406 . . . . . Thursday, January 26, 1995

CAROLINA, THE IMPORTANCE OF THE STATE'S JUNIOR GOLFERS, AND THE IMPORTANCE OF TURFGRASS RESEARCH.

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

OBJECTION

S. 250 -- Senators Martin, Courtney, Courson, Rose, Gregory, Leventis and Richter: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE WHEN AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHEN THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED.

Senator PATTERSON objected to further consideration of the Bill.

LOCAL APPOINTMENT

Confirmation

Having received a favorable report from the Dillon County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Dillon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Magistrate:

The Honorable Charles D. Spivey, Post Office Box 272, Lake View, S.C. 29563 VICE Tracey Pelt (retired)

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Joseph Claude "Skinny" Cauthen, Jr. of Rock Hill, S.C.

Time Fixed

Senator WILLIAMS moved that when the Senate adjourns on Friday, January 27, 1995, it stand adjourned to meet next Tuesday, January 31, 1995, at 12:00 Noon, which motion was adopted.


Printed Page 407 . . . . . Thursday, January 26, 1995

ADJOURNMENT

At 11:40 A.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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Printed Page 408 . . . . . Friday, January 27, 1995

Friday, January 27, 1995

(Local 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 ACTING PRESIDENT, Senator LANDER.

THIRD READING BILL

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

S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995, TO DECEMBER 31, 1995, AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.

(By prior motion of Senator PEELER)

SECOND READING BILL

The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:

S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(By prior motion of Senator SETZLER)



Printed Page 409 . . . . . Friday, January 27, 1995

MOTION ADOPTED

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Janie Firmanak of Sumter, S.C., beloved mother of Senate page, David Brunson.

ADJOURNMENT

At 11:23 A.M., on motion of Senator PATTERSON, the Senate adjourned to meet next Tuesday, January 31, 1995, at 12:00 Noon.

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| Printed Page 390, Jan. 26 | Printed Page 410, Jan. 31 |

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