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

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| Printed Page 630, Feb. 22 | Printed Page 650, Feb. 23 |
Printed Page 640 . . . . . Wednesday, February 22, 1995
LOCAL APPOINTMENT

Confirmation

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

Reappointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Walter L. Heinsohn, Post Office Box 4287, Rock Hill, S.C. 29732

MOTION ADOPTED

On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. H. Alvin Counts of Chapin, S.C.

ADJOURNMENT

At 12:27 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 641 . . . . . Thursday, February 23, 1995
Thursday, February 23, 1995

(Statewide 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 PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words of St. Mark, who writes like a news reporter, in the New Revised Standard Version, 1:31f.:

"A crowd was sitting around him; and they

said to him `Your mother and your brothers

and sisters are outside, asking for you.'

And he replied, `Who are my mother and my

brothers?' And looking at those who sat

around him, he said, `HERE ARE MY MOTHER

AND MY BROTHERS! WHOEVER DOES THE WILL OF

GOD IS MY BROTHER AND SISTER AND MOTHER'."
Let us pray.

Our Father in heaven, we pray this morning for spiritual maturity! Help us to be aware of Who we are, Why we are here, and Where we may be going if, perhaps, we may know WHAT WE OUGHT TO BE DOING on the way.

Give strength of purpose to those who lead, loyalty to those who follow, that we all may give some semblance of selfless service... today.

Amen.

Point of Quorum

Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator BRYAN moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courson           Drummond         Elliott

Ford              Giese            Glover

Holland           Jackson          Lander

Leatherman        Leventis         Martin

Matthews          McConnell        McGill





Printed Page 642 . . . . . Thursday, February 23,
1995



Mescher            MooreO'Dell

Passailaigue      Patterson        Peeler

Reese             Richter          Rose

Russell           Ryberg           Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senators WILLIAMS, GREGORY and SETZLER recorded their presence subsequent to the Call of the Senate.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator McCONNELL introduced Dr. Layton McCurdy of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WALDREP, at 11:45 A.M., Senator COURTNEY was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 562 -- Senators Rose, Mescher and Richter: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT IF SUCH

Printed Page 643 . . . . . Thursday, February 23, 1995
ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.

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

S. 563 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S MOST PROMINENT EDUCATORS, CARROLL FREDERICK REAMES OF ANDERSON, WHO DIED FRIDAY, FEBRUARY 10, 1995.

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

S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3655 -- Reps. J. Brown, Clyburn, Anderson, Williams and Breeland: A CONCURRENT RESOLUTION COMMENDING ALLEN UNIVERSITY FOR ONE HUNDRED TWENTY-FIVE YEARS OF PROGRESS, COMMITMENT, AND DEDICATION IN THE SHAPING OF PRODUCTIVE LIVES, PLEDGING SUPPORT TO THE POSITIVE ASPIRATIONS OF ALLEN UNIVERSITY AND EXTENDING TO THE UNIVERSITY BEST WISHES AND HOPES FOR A PRODUCTIVE FUTURE THAT CONTINUES THE ACCOMPLISHMENTS OF THE PAST.

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

Printed Page 644 . . . . . Thursday, February 23, 1995
H. 3656 -- Rep. Anderson: A CONCURRENT RESOLUTION COMMENDING MARTHA GAMBLE HALL OF MAULDIN ON HER TENURE AS NATIONAL ALUMNI PRESIDENT OF THE JOHNSON C. SMITH UNIVERSITY GENERAL ALUMNI ASSOCIATION.

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

H. 3657 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WAYNE TATE AND HIS FAMILY FOR THE TIRELESS WORK AND COUNTLESS HOURS DONATED TO THE BOILING SPRINGS HIGH SCHOOL BAND BOOSTER CLUB.

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

H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.

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

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

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

REPORTS OF STANDING COMMITTEE

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF

Printed Page 645 . . . . . Thursday, February 23, 1995
SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Printed Page 646 . . . . . Thursday, February 23, 1995
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

S. 177 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-450 SO AS TO PROVIDE THAT THE REVENUES OF ANY TAX, FEE, OR CHARGE LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLELY FOR THE PURPOSE FOR WHICH THE PROCEEDS OF THE TAX, FEE, OR CHARGE WERE TO BE APPLIED AT THE TIME OF ENACTMENT EXCEPT UPON AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE TOTAL MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY.

Senators ROSE and LEATHERMAN spoke on the Bill.

S. 561 -- Finance Committee: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE DEPOSITED IN THE FUND.

Senator DRUMMOND spoke on the Bill.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 97 -- Senators Hayes, Elliott, Giese and Wilson: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS AND FRAUDULENT APPROPRIATION OF THE SAME, SO AS TO, AMONG OTHER THINGS, ESTABLISH CERTAIN NEW MISDEMEANOR OFFENSES, INCLUDING THAT OF WILFUL AND FRAUDULENT FAILURE TO RETURN A MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE OR RENTAL AGREEMENT HAS EXPIRED, AND PROVIDE PENALTIES.

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

Printed Page 647 . . . . . Thursday, February 23, 1995
The Judiciary Committee proposed the following amendment (JUD0097.004), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 33, in Section 16-13- 420 (A)(1), as contained in SECTION 1, by striking lines 33 through 34 in their entirety and inserting therein the following:

/trailer, appliance, equipment, or tool within seventy-two hours after seven days from the date the lease or rental agreement has expired; or/.

Amend the bill further, as and if amended, page 2, beginning on line 17, in Section 16-13-420, as contained in SECTION 1, by striking lines 17 through 27 in their entirety and inserting therein the following:

/who returns the property within seven days of the expiration of the lease or rental agreement is guilty of a misdemeanor triable in magistrate's court and, upon conviction, must be imprisoned not more than thirty days or fined not more than five hundred dollars, or both.

(D) The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts."/.

Amend title to conform.

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.

SECOND READING BILLS

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

S. 44 -- Senators Courson, Wilson and Gregory: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.

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.

Printed Page 648 . . . . . Thursday, February 23, 1995
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.

H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

Senators GIESE and MOORE spoke on the Joint Resolution.

H. 3206--Ordered to a Third Reading

On motion of Senator GIESE, H. 3206 was ordered to receive a third reading on Friday, February 24, 1995.

H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.

H. 3593--Ordered to a Third Reading

On motion of Senator STILWELL, H. 3593 was ordered to receive a third reading on Friday, February 24, 1995.

COMMITTEE AMENDMENT ADOPTED, OBJECTION

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE

Printed Page 649 . . . . . Thursday, February 23, 1995
CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

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

The Finance Committee proposed the following amendment (GJK\21461SD.95), which was adopted:

Amend the bill, as and if amended, in Section 11-27-110(B) of the 1976 Code, as contained in SECTION 1, by inserting immediately after /agreement,/ on line 17, page 3 /a lease purchase agreement for energy efficiency products as provided for in Section 48-52-660, or a guaranteed energy savings contract as provided for in Section 48-52-670,/

Renumber sections to conform.

Amend totals and title to conform.

Senator LANDER objected to further consideration of the Bill.

COMMITTEE AMENDMENT ADOPTED, CARRIED OVER

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

Printed Page 650 . . . . . Thursday, February 23, 1995
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.

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

| Printed Page 630, Feb. 22 | Printed Page 650, Feb. 23 |
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