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 480, Feb. 7 | Printed Page 500, Feb. 8 |

Printed Page 490 . . . . . Wednesday, February 8, 1995

CITY OF CHARLESTON

September 14, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Joseph P. Riley, Jr.
Mayor

Statewide Appointment

Initial Appointment, Member, Charleston Naval Complex Redevelopment Authority, with term to commence July 19, 1994, and to expire June 30, 1998:

The City of Charleston:

Ms. Laura C. Keeling, President and Chief Executive Officer, Trident Urban League, 32 Ann Street, Post Office Box 20249, Charleston, S.C. 29413

Referred to the Committee on Labor, Commerce and Industry.

BERKELEY COUNTY COUNCIL

September 13, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
James H. Rozier, Jr.
Berkeley County Supervisor

Statewide Appointment

Initial Appointment, Member, Charleston Naval Complex Redevelopment Authority, with term to commence July 18, 1994, and to expire June 30, 1998:

Berkeley County:

Mr. John B. (Jack) Williams, John B. Williams & Associates, 209 East Main Street, Post Office Box 1288, Moncks Corner, S.C. 29461


Printed Page 491 . . . . . Wednesday, February 8, 1995

Referred to the Committee on Labor, Commerce and Industry.

COUNTY COUNCIL OF DORCHESTER COUNTY

September 12, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Ben Cole
Chairman

Statewide Appointment

Initial Appointment, Member, Charleston Naval Complex Redevelopment Authority, with term to commence July 11, 1994, and to expire June 30, 1998:

Dorchester County:

Mr. Ronnie M. Givens, Executive Vice President, Gamble, Givens & Moody, P.A., 133 East First North Street, Suite 9, Summerville, S.C. 29483

Referred to the Committee on Labor, Commerce and Industry.

M E M O R A N D U M

To: Mr. President and Members of the Senate
From: Charleston Senatorial Delegation
Re: Statewide Appointment
Date: January 22, 1996

We are transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Charleston Senatorial Delegation
/s/Senator Robert Ford
/s/Senator Glenn F. McConnell
/s/Senator Ernie Passailaigue
/s/Senator Lawrence E. Richter, Jr.
/s/Senator Michael T. Rose
/s/Senator McKinley Washington
/s/Senator Greg Smith


Printed Page 492 . . . . . Wednesday, February 8, 1995

Statewide Appointment

Initial Appointment, Charleston Naval Complex Redevelopment Authority, with term to commence July 1, 1994, and to expire June 30, 1998:

William J. Gilliam, 18 Murray Blvd., Charleston, S.C. 29405

Referred to the Committee on Labor, Commerce and Industry.

M E M O R A N D U M

To: Mr. President and Members of the Senate
From: Charleston House Delegation
Re: Statewide Appointment
Date: January 22, 1996

We are transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Charleston House Delegation
/s/Representative George H. Bailey
/s/Representative Floyd Breeland
/s/Representative Thomas M. Dantzler
/s/Representative Ronald C. Fulmer
/s/Representative Harry M. Hallman, Jr.
/s/Representative Robert W. Harrell, Jr.
/s/Representative Heyward G. Hutson
/s/Representative Curtis B. Inabinett
/s/Representative H.B. Limehouse, III
/s/Representative Lynn Seithel
/s/Representative Michael S. Whatley
/s/Representative Jackson S. Whipper
/s/Representative Lucille S. Whipper

Statewide Appointment

Initial Appointment, Charleston Naval Complex Redevelopment Authority, with term to commence July 1, 1994, and to expire June 30, 1998:

Paul G. Campbell, Jr., 104 Inwood Drive, Summerville, S.C. 29485

Referred to the Committee on Labor, Commerce and Industry.


Printed Page 493 . . . . . Wednesday, February 8, 1995

Point of Personal Interest

Senator ELLIOTT rose to a Point of Personal Interest.

Point of Personal Interest

Senator J. VERNE SMITH rose to a Point of Personal Interest.

Point of Personal Interest

Senator DRUMMOND rose to a Point of Personal Interest.

Message from the House

Columbia, S.C., February 7, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed local reappointment:

LOCAL REAPPOINTMENT

Reappointment, Anderson County Master-in-Equity, with term to commence June 30, 1992, and to expire June 30, 1998:

The Honorable Ellis B. Drew, Jr., Office of the Master-in-Equity, Post Office Box 4046, Anderson, S.C. 29622

Very respectfully,
Speaker of the House

Received as information.

RECALLED, READ THE SECOND TIME

S. 278 -- Senators Mescher and Rose: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

Senator MESCHER asked unanimous consent to make a motion to recall the Bill from the Berkeley County Delegation.

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.


Printed Page 494 . . . . . Wednesday, February 8, 1995

S. 278--Ordered to a Third Reading

On motion of Senator MESCHER, S. 278 was ordered to receive a third reading on Thursday, February 9, 1995.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 461 -- Senator Greg Smith: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-995 SO AS TO PROVIDE REQUIREMENTS FOR THE SAMPLING OF DISTILLED SPIRITS IN RETAIL ALCOHOLIC LIQUOR STORES.

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

S. 462 -- Senators Jackson and Ford: A JOINT RESOLUTION TO CREATE A COMMISSION TO DESIGN AND ESTABLISH AN APPROPRIATE MONUMENT ON THE STATE HOUSE GROUNDS TO HONOR THE MEMORY OF THE 1ST SOUTH CAROLINA VOLUNTEERS (AFRICAN DESCENT) AND THE 54TH MASSACHUSETTS INFANTRY REGIMENT, WHICH WERE FIGHTING REGIMENTS DURING THE WAR BETWEEN THE STATES COMPRISED OF PERSONS OF AFRICAN DESCENT.

Read the first time and referred to the General Committee.

S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.

Read the first time and referred to the General Committee.


Printed Page 495 . . . . . Wednesday, February 8, 1995

S. 464 -- Senator Reese: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO INCREASE FROM ONE HUNDRED TWENTY DAYS TO ONE HUNDRED EIGHTY DAYS THE TIME WITHIN WHICH A REGULATION MAY BECOME EFFECTIVE WITHOUT ACTION BY THE GENERAL ASSEMBLY.

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

S. 465 -- Senator Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

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

S. 466 -- Senators Stilwell, Giese, Thomas, Setzler, Courtney and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 16 SO AS TO PROVIDE FOR THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT AND TO PROVIDE DEFINITIONS, PENALTIES, AND SEIZURE PROCEDURES.

Senator STILWELL spoke on the Bill.

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

S. 467 -- Senator Reese: A BILL TO AMEND SECTION 20-7-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S AUTHORITY TO COMMIT A RESPONDENT TO JAIL FOR FAILURE TO OBEY AN ORDER FOR SUPPORT, SO AS TO REQUIRE THE COURT TO ISSUE A WARRANT; AND TO REPEAL SECTION 20-7-930 RELATING TO THE COURT'S AUTHORITY TO PLACE A RESPONDENT ON PROBATION AFTER REFUSING TO OBEY AN ORDER FOR SUPPORT.

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

S. 468 -- Senator Hayes: A BILL TO AMEND SECTION 8-21-310(11), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND


Printed Page 496 . . . . . Wednesday, February 8, 1995

TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.

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

S. 469 -- Senator Cork: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.

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

S. 470 -- Senators Elliott, Reese, Martin and Alexander: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 67 SO AS TO ENACT THE "HOMEBUYERS PROTECTION AND WARRANTY ACT".

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

S. 471 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-910 SO AS TO PROVIDE ACCESS TO MENTAL HEALTH RECORDS.

Read the first time and referred to the Committee on Medical Affairs.

S. 472 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-25 SO AS TO REQUIRE THE DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF REVENUE AND TAXATION TO INCLUDE ON EVERY MOTOR VEHICLE DRIVER'S LICENSE AND PERSONAL


Printed Page 497 . . . . . Wednesday, February 8, 1995

IDENTIFICATION CARD IT ISSUES THE NATIONAL CITIZENSHIP OF THE PERSON TO WHOM THE LICENSE OR CARD IS ISSUED.

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

S. 473 -- Senator Reese: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL COLLEGE OR UNIVERSITY AUTOMOBILE LICENSE PLATES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ISSUE SUCH PLATES FOR COLLEGES AND UNIVERSITIES LOCATED OUTSIDE THE STATE AND PROVIDE FOR THE DISTRIBUTION OF THE REVENUE OF THESE SPECIAL LICENSE PLATES.

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

S. 474 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator HOLLAND, S. 474 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 475 -- Senator Reese: A BILL TO ABOLISH THE SPARTANBURG COUNTY TRANSPORTATION COMMITTEE AND PROVIDE FOR ITS DUTIES TO BE TRANSFERRED TO THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION.

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

S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".

Whereas, South Carolina's cotton industry is in a state of emergency due to a serious problem with a resident weed called pigweed. This weed


Printed Page 498 . . . . . Wednesday, February 8, 1995

is resistant to all herbicides currently available to our state's cotton farmers; and

Whereas, cotton is one of the most profitable industries in South Carolina; and

Whereas, pigweed already dramatically has affected South Carolina's cotton industry. It is imperative that our cotton industry find immediate relief from this persistent and growing problem; and

Whereas, last year's cotton yield in this State was cut as much as thirty to fifty percent in fields where pigweed is a problem. According to the South Carolina Cotton Board, many cotton farmers are considering reducing their cotton production in 1995 due to their losses in 1994 and the lack of a viable solution; and

Whereas, if an effective herbicide is not available in 1995, the loss to South Carolina is projected to be as much as twelve million dollars; and

Whereas, the DuPont Company has developed a new product, "Staple Herbicide", which has the ability to control pigweed and reduce early season herbicide use as much as ninety-eight percent; and

Whereas, "Staple Herbicide" is not available on the market, so South Carolina's cotton farmers need to secure emergency relief through the Environmental Protection Agency to allow the use of this herbicide; and

Whereas, the positive effects from the use of "Staple" will be felt throughout the cotton industry in South Carolina. Now, therefore,

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

That the members of the General Assembly memorialize the members of the South Carolina Congressional Delegation and the Environmental Protection Agency to help South Carolina's cotton farmers and the economy of this State by encouraging and approving emergency action to allow the use of "Staple Herbicide".

Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation and the director of the Environmental Protection Agency.

Referred to the Committee on Agriculture and Natural Resources.

RECALLED AND ADOPTED

S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY


Printed Page 499 . . . . . Wednesday, February 8, 1995

ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".

Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.

There was no objection.

Adopted

S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".

Whereas, South Carolina's cotton industry is in a state of emergency due to a serious problem with a resident weed called pigweed. This weed is resistant to all herbicides currently available to our state's cotton farmers; and

Whereas, cotton is one of the most profitable industries in South Carolina; and

Whereas, pigweed already dramatically has affected South Carolina's cotton industry. It is imperative that our cotton industry find immediate relief from this persistent and growing problem; and

Whereas, last year's cotton yield in this State was cut as much as thirty to fifty percent in fields where pigweed is a problem. According to the South Carolina Cotton Board, many cotton farmers are considering reducing their cotton production in 1995 due to their losses in 1994 and the lack of a viable solution; and

Whereas, if an effective herbicide is not available in 1995, the loss to South Carolina is projected to be as much as twelve million dollars; and

Whereas, the DuPont Company has developed a new product, "Staple Herbicide", which has the ability to control pigweed and reduce early season herbicide use as much as ninety-eight percent; and

Whereas, "Staple Herbicide" is not available on the market, so South Carolina's cotton farmers need to secure emergency relief through the Environmental Protection Agency to allow the use of this herbicide; and

Whereas, the positive effects from the use of "Staple" will be felt throughout the cotton industry in South Carolina. Now, therefore,

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


| Printed Page 480, Feb. 7 | Printed Page 500, Feb. 8 |

Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 2:12 P.M.