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 660, Feb. 28 | Printed Page 680, Feb. 28 |

Printed Page 670 . . . . . Tuesday, February 28, 1995

H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.

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

H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.


Printed Page 671 . . . . . Tuesday, February 28, 1995

H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

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

H. 3637 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO FOOD SERVICE ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1808, PURSUANT TO THE


Printed Page 672 . . . . . Tuesday, February 28, 1995

PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3638 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GROUP DAY CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the General Committee.

H. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

REPORTS OF STANDING COMMITTEES

Senator WILSON from the General Committee polled out S. 463 favorable:

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.


Printed Page 673 . . . . . Tuesday, February 28, 1995

Poll of the Invitations Committee on S. 463

Ayes 14; Nays 3; Abstains 1

AYES

Wilson            Holland          Thomas
Moore Stilwell O'Dell
Washington Reese Short
Courtney Gregory Mescher
Russell Greg Smith

TOTAL--14

NAYS

Alexander         Courson          Ryberg

TOTAL--3

ABSTAINS

Martin

TOTAL--1

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3498 favorable:

H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber, Limehouse, Jaskwhich, Fair, Huff, Herdklotz, Hutson, Elliott, Lloyd, Whatley, Walker, J. Brown, Rhoad, Cotty, Tripp, Wright, Moody-Lawrence, Williams and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".


Printed Page 674 . . . . . Tuesday, February 28, 1995

Poll of the Invitations Committee on H. 3498

Ayes 8; Nays 0; Not Voting 2

AYES

Courson           Peeler           Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Russell Rose

TOTAL--2

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3643 favorable:

H. 3643 -- Rep. Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING WORK PERFORMED BY THE CHIROPRACTIC PROFESSION IN THE UNITED STATES AND IN SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY THIS YEAR AND TO DECLARE THURSDAY, MARCH 30, 1995, AS "SOUTH CAROLINA CHIROPRACTIC CENTENNIAL DAY" IN SOUTH CAROLINA.

Poll of the Invitations Committee on H. 3643

Ayes 8; Nays 0; Not Voting 2

AYES

Courson           Peeler           Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8



Printed Page 675 . . . . . Tuesday, February 28, 1995

NAYS

TOTAL--0

NOT VOTING

Russell Rose

TOTAL--2

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from The Roundtable to attend a breakfast in Room 208, Blatt Building on Wednesday, March 8, 1995, from 8:00 until 9:00 A.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson           Peeler           Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Russell Rose

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. School Boards Association to attend a luncheon at the Capital City Club on Wednesday, March 8, 1995, from 1:00 until 2:00 P.M.


Printed Page 676 . . . . . Tuesday, February 28, 1995

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson           Peeler           Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Russell Rose

TOTAL--2

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. 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 677 . . . . . Tuesday, February 28, 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.

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.

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. 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 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.


Printed Page 678 . . . . . Tuesday, February 28, 1995

SECOND READING BILLS

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

H. 3603 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.

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 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.

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.

H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND


Printed Page 679 . . . . . Tuesday, February 28, 1995

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.

CARRIED OVER

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.

On motion of Senator J. VERNE SMITH, the Resolution was carried over.

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

CARRIED OVER

S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of Amendment No. 3 (JUD0042.004) proposed by Senators PASSAILAIGUE and RANKIN and previously printed in the Journal of Thursday, February 23, 1995.


| Printed Page 660, Feb. 28 | Printed Page 680, Feb. 28 |

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