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 620, Feb. 22 | Printed Page 640, Feb. 22 |
Printed Page 630 . . . . . Wednesday, February 22, 1995
Senator McCONNELL from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

S. 240 -- Senators McConnell, Elliott, Rose and O'Dell: A BILL TO AMEND SECTIONS 22-9-10, 22-9-20, 22-9-70, 22-9-80, AND SECTION 22-9-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTABLES, SO AS TO PROVIDE THAT CONSTABLES MAY BE EMPLOYED BY A COUNTY AND IN THE EVENT THE COUNTY CHOOSES NOT TO EMPLOY CONSTABLES, EACH MAGISTRATE MAY APPOINT ONE CONSTABLE WITHIN HIS JURISDICTION, AND TO CONFORM OTHER PERTINENT PROVISIONS OF LAW PERTAINING TO CONSTABLES TO THE ABOVE PROVISIONS.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.

Ordered for consideration tomorrow.

Printed Page 631 . . . . . Wednesday, February 22, 1995
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.

Ordered for consideration tomorrow.

Senator CORK from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senators LAND and RANKIN from the Committee on Transportation submitted a majority favorable with amendment and Senators PASSAILAIGUE, MESCHER, RICHTER and ROSE a minority unfavorable report on:

S. 514 -- Senators Rankin, Greg Smith, Rose, Land and Elliott: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES, BY ADDING CHAPTER 37 SO AS TO PROVIDE THAT COUNTIES ARE AUTHORIZED UPON FAVORABLE REFERENDUM TO ESTABLISH TRANSPORTATION AUTHORITIES TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND OPERATING HIGHWAYS, ROADS, STREETS, AND BRIDGES, EITHER ON THEIR OWN OR IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; AND TO AMEND SECTION

Printed Page 632 . . . . . Wednesday, February 22, 1995
57-5-1330 OF THE 1976 CODE, RELATING TO TURNPIKES, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY NOT DESIGNATE ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY WHICH RECEIVES FUNDS FROM THE SPECIAL LOCAL OPTION SALES TAX PROVIDED IN CHAPTER 37 AS A TURNPIKE.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a majority favorable with amendment and Senator PASSAILAIGUE a minority unfavorable report on:

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3612 favorable:

H. 3612 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MARCH 1, 1995.

Poll of the Invitations Committee on H. 3612

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson

Thomas            Patterson        Stilwell

Passailaigue

TOTAL--7

NAYS
TOTAL--0







Printed Page 633 . . . . . Wednesday, February 22,
1995




NOT VOTING


Matthews          Russell          O'Dell

TOTAL--3



Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE
CALENDAR.

THIRD READING BILLS


The following Bills were read the third time and ordered sent to the House of
Representatives:


S. 535 -- Senator Moore:  A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURT, SO AS TO REVISE
THE
AREAS FOR AIKEN COUNTY.

(By prior motion of Senator MOORE)


S. 537 -- Senators Washington and Mescher:  A BILL TO REPEAL ACT 917 OF 1964,
RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO
SELL
SURPLUS SCHOOL PROPERTY.

(By prior motion of Senator WASHINGTON)


S. 275 -- Senator Greg Smith:  A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO
AS
TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE
PEE
DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.


S. 297 -- Senator Russell:  A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE
DEAF AND
THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH
MULTIPLE
HANDICAPS.


S. 383 -- Senator McConnell:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 30-5-38



Printed Page 634 . . . . . Wednesday, February 22,
1995



 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST IN LAND AND
MORTGAGES OF REAL ESTATE INCLUDE THE TAX MAP NUMBER OF THE SUBJECT PROPERTY,
AND
PROVIDE FOR RELATED MATTERS.


S. 533 -- Finance Committee:  A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO
ALLOW A
GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD
VALOREM TAX
FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING
THE
FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE
HEADQUARTERS,
CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT
FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION
FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE
EXEMPTION.

(By prior motion of Senator PASSAILAIGUE, with unanimous consent)


S. 534 -- Finance Committee:  A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL
GOVERNING
BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS
ALL NEW
CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES,
AND
ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A
SIMILAR
EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT
ACTIVITIES AND
ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT
THESE
EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL
ASSEMBLY MAY
PROVIDE BY LAW.

(By prior motion of Senator PASSAILAIGUE, with unanimous consent)

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE


S. 525 -- Senator Courtney:  A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE



Printed Page 635 . . . . . Wednesday, February 22,
1995



 PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO
CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND
TO INCREASE
THE PENALTY.


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


Senators PATTERSON and COURTNEY proposed the following amendment (JUD0525.001), which
was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, in Section 47-3-
630, as contained in SECTION 1, by striking lines 23 through 28 and inserting therein
the following:

/"Section 47-3-630.  A person who violates any of the provisions of this
article, except for Section 47-3-620, is guilty of a misdemeanor and, upon
conviction, must be fined no not less than five hundred dollars
and no nor more than one thousand dollars or imprisoned for no
not less than thirty days or no nor more than six
months, or both.  A person who violates Section 47-3-620 is guilty of a
felony and, upon conviction, must be fined not
less than two thousand dollars nor more than
five thousand dollars or imprisoned not less than
one year nor more than
five years,
or both."/

  Amend title to conform.


Senator COURTNEY explained the amendment.


There being no further amendments, the Bill was read the third time and ordered sent
to the House of Representatives.

ADOPTED


S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose
and Ford:  A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF
TRANSPORTATION TO
DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR
AT NORTH
CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".

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

ADOPTED


S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and
Ford:  A CONCURRENT RESOLUTION TO REQUEST



Printed Page 636 . . . . . Wednesday, February 22,
1995



 THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAMETHE INTERSTATE
26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE
"LONNIE HAMILTON III INTERCHANGE".

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

OBJECTION


S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin,
McGill, Waldrep, Washington, Hayes, Reese and Wilson:  A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT
THE
SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN
TURNING
LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.


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


Senator LAND explained the amendment proposed by the Committee on Transportation.

Point of Order


Senator McCONNELL raised a Point of Order under Rule 27E that the Bill did not
contain a fiscal impact statement and, therefore, could not receive second reading.

The PRESIDENT sustained the Point of Order but stated that the absence of a fiscal
impact statement did not interrupt or delay debate on the Bill.


Senator LAND continued speaking on the amendment.


Senator CORK objected to further consideration of the Bill.

ACTING PRESIDENT PRESIDES


At 11:55 A.M., Senator COURTNEY assumed the Chair.

CARRIED OVER


S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott:  A BILL
TO AMEND THE CODE OF LAWS OF SOUTH



Printed Page 637 . . . . . Wednesday, February 22,
1995



 CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING
OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT
HIGH
SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE
DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE
WITH
ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS
DESIGNEE TO
PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS
OF AGE ON A
FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH
THE
DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY
THE
DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND
REQUIRE THE
DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN
NOTICE, TO
PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE
LICENSE
REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR
FAMILY
HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED
FOLLOWING
REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

On motion of Senator MOORE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE
PROCEEDED
TO THE INTERRUPTED DEBATE.

RECOMMITTED


S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter:  A
JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS
TO
PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY
SHALL VOTE
IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A



Printed Page 638 . . . . . Wednesday, February 22,
1995



 DEFENDANT HAS BEEN CONVICTED OFMURDER IN ORDER FOR THE DEATH PENALTY
TO BE IMPOSED.


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


Senator PATTERSON spoke on the Resolution.


Senator LAND asked unanimous consent to make a motion, with Senator PATTERSON
retaining the floor, to recommit the Resolution to the Committee on Judiciary.

There was no objection.


The question then was the motion to recommit the Resolution to the Committee on
Judiciary.


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


Ayes 23; Nays 17


AYES



Alexander         Bryan            Courtney

Ford              Glover           Holland

Jackson           Land             Leatherman

McGill            Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Saleeby

Short             Smith, G.        Smith, J.V.

Waldrep           Washington

TOTAL--23


NAYS



Cork              Courson*         Giese

Gregory           Hayes            Lander

Leventis          Martin           McConnell

Mescher           Richter          Rose

Ryberg            Setzler          Stilwell

Thomas            Wilson

TOTAL--17







Printed Page 639 . . . . . Wednesday, February 22,
1995



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


The Resolution was recommitted to the Committee on Judiciary.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

STATEWIDE APPOINTMENTS



Confirmations


Having been reported favorably from Executive Session, on motion of Senator LAND,
the following appointments were confirmed:


Initial Appointment, South Carolina State Ports Authority, with term to commence
February 13, 1989, and to expire February 13, 1996:

At-Large:

Mr. Gayle O. Averyt, Post Office Box 1365, Columbia, S.C.  29202 VICE Robert V.
Royall, Jr. (resigned)


Reappointment, Department of Transportation Commission, with term to commence
January 23, 1995, and to expire at the pleasure of the Governor:

At-Large - Chairman:

Mr. Harry B. Limehouse, 64 Hasell Street, Charleston, S.C.  29401


Having been reported favorably from Executive Session, on motion of Senator J. VERNE
SMITH, the following appointment was confirmed:


Initial Appointment, Secretary of the Department of Commerce, with term to
commence January 11, 1995, and to expire at the pleasure of the Governor:

Mr. Robert V. Royall, Jr., 4632 Perry Court, Columbia, S.C.  29206 VICE John A.
Warren (resigned)


Having been reported favorably from Executive Session, on motion of Senator HOLLAND,
the following appointment was confirmed:


Reappointment, Director of the South Carolina Department of Parks, Recreation and
Tourism, with term to commence January 11, 1995, and to expire at the pleasure of the
Governor:

Ms. Grace G. McKown, 512 Greene St., Camden, S.C.  29020





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 | Printed Page 640, Feb. 22
 | 




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