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 720, Mar. 2 | Printed Page 740, Mar. 3 |

Printed Page 730 . . . . . Thursday, March 2, 1995

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

S. 603 -- Senators Courson and Wilson: A SENATE RESOLUTION CONGRATULATING SENATOR STROM THURMOND ON HIS ELECTION AS PRESIDENT PRO TEMPORE OF THE UNITED


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STATES SENATE AND EXTENDING TO HIM BEST WISHES AS HE EMBARKS ON THIS NEW SERVICE.

Whereas, the members of the Senate were pleased to note that South Carolina's senior United States Senator, Strom Thurmond, has been elected President Pro Tempore of the United States Senate; and

Whereas, this office by tradition goes to the longest serving senator in the majority party in the Senate, an office which Senator Thurmond has assumed by virtue of the new Republican majority in the Senate; and

Whereas, his assuming this office is doubly memorable in that Senator Thurmond served as President Pro Tempore from 1981 through 1987, the last years in which Republicans held a majority in the United States Senate; and

Whereas, this office gives our senior senator an even larger stage on which to represent the citizens of our State in a career of public service unparalleled in recent history. Now, therefore,

Be it resolved by the Senate:

That the members of the South Carolina Senate, by this resolution, congratulate Senator Strom Thurmond on his election as President Pro Tempore of the United States Senate and extend to him best wishes as he embarks on this new service.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Strom Thurmond.

The Senate Resolution was adopted.

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and


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Whereas, the winners of the 1995 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1995 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

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

That the members of the General Assembly invite the winners of the 1995 South Carolina Folk Heritage Awards and the members of the 1995 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 19, 1995, and that the members of the General Assembly recognize and commend the 1995 South Carolina Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.

Referred to the Committee on Invitations.

H. 3697 -- Reps. Scott, Neal, Cotty, Byrd, Shissias, Cromer, Rogers, Harrison, Howard and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST LOCATED IN LUGOFF ON ITS FORTIETH ANNIVERSARY AND HONOR THE MEMORY OF ITS ORGANIZER, SISTER MABLE SCOTT-ETHERIDGE.

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

H. 3698 -- Reps. D. Smith, Lanford, Wells, Littlejohn, Allison, Beatty, Davenport and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JERRY RICHARDSON, CHAIRMAN OF FLAGSTAR COMPANIES, INC., FOR HIS EXTRAORDINARY CONTRIBUTIONS AND LOYALTY TO THE CITY OF SPARTANBURG AND THE STATE OF SOUTH CAROLINA.

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

H. 3699 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. F. "FROG"


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REAMES OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3700 -- 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 12:30 P.M. ON TUESDAY, MARCH 14, 1995.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, March 14, 1995.

Be it further resolved that pursuant to H.3612, Chief Justice Finney was scheduled to address the General Assembly in Joint Session on the State of the Judiciary at 12:00 noon on Wednesday, March 1, 1995, but that due to unforeseen circumstances, it is not now possible to have the address at this time and the General Assembly has therefore determined to adopt the provisions of this resolution to reschedule the date of this address.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.

Referred to the Committee on Invitations.

H. 3719 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND OLIVER T. HILL OF GREENVILLE COUNTY ON HIS SILVER ANNIVERSARY AS A MINISTER OF THE GOSPEL, AND COMMENDING THIS GREAT LEADER FOR HIS DEDICATION AND OUTSTANDING SERVICE TO HUMANITY.

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

H. 3722 -- Reps. Stuart, Wright, Riser, Koon, Gamble and Spearman: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE MEALS ON WHEELS VOLUNTEERS OF THE LEXINGTON COUNTY RECREATION AND AGING COMMISSION FOR THE


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MANY TIRELESS HOURS DEVOTED TO SERVING MEALS TO THE ELDERLY AND DISABLED RESIDENTS OF LEXINGTON COUNTY.

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

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

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

REPORTS OF STANDING COMMITTEES

Senator SETZLER from the Committee on Education submitted a favorable report on:

S. 98 -- Senators Washington, Leventis, Rose, Wilson, Elliott and O'Dell: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND


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DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 592 -- Senator Moore: A CONCURRENT RESOLUTION TO COMMEND THE GRANITEVILLE COMPANY UPON THE OCCASION OF ITS ONE HUNDRED AND FIFTIETH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE COMPANY'S MANY CONTRIBUTIONS TO AIKEN COUNTY AND TO THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

MADE ADJOURNED DEBATE

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE


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COMMISSION ON HIGHER EDUCATION, SOAS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Senator SETZLER asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate.

There was no objection.

The Bill was placed in the status of Adjourned Debate.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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


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FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

SECOND READING BILLS

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

H. 3649 -- Reps. Jennings, J. Harris and Kinon: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE SCHOOL ADMINISTRATIVE AREAS OF MARLBORO COUNTY ARE ABOLISHED AND THEIR POWERS AND DUTIES DEVOLVED UPON THE MARLBORO COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE DEEMED TO ABOLISH THE ADMINISTRATIVE AREAS THEMSELVES.

H. 3649--Ordered to a Third Reading

On motion of Senator ELLIOTT, H. 3649 was ordered to receive a third reading on Friday, March 3, 1995.

S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.


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S. 585--Ordered to a Third Reading

On motion of Senator COURTNEY, S. 585 was ordered to receive a third reading on Friday, March 3, 1995.

ADOPTED

S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.

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

LOCAL APPOINTMENT

Confirmation

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

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

The Honorable Glynn Benfield Atkinson, 4522 Blitsgel Drive, Florence, S.C. 29501

Time Fixed

By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that when the Senate stands adjourned on Thursdays in statewide session, that it stand adjourned to reconvene on Fridays 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; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.

ADJOURNMENT

At 12:02 P.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.

* * *


Printed Page 739 . . . . . Friday, March 3, 1995

Friday, March 3, 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 WILSON.

REPORT RECEIVED

The Annual Report of the Joint Legislative Committee on Tourism and Trade was received and ordered printed in the House Journal of Friday, March 3, 1995.

REPORT RECEIVED

REPORT OF THE

JOINT LEGISLATIVE COMMITTEE

TO STUDY CONSUMER FINANCE ISSUES

March 2, 1995

On September 26, 1994, The Joint Legislative Committee to Study Consumer Finance Issues was established pursuant to Act 572 of 1994. Senator Linda H. Short was elected chairperson. Other Senate members included Senator "Greg" Gregory, and Senator Darrell Jackson. House members on the committee were Representative Joseph Neal, Vice-Chairperson, Representative George Bailey and Representative Molly Spearman. Nonlegislative committee members were C. Dean Bratton, Director of the Consumer Finance Division of the State Board of Financial Institutions and Phillip S. Porter, acting State Consumer Advocate.

COMMITTEE CHARGE
The Study Committee was charged with the task of studying the consumer finance laws in South Carolina as they relate to restricted loans, supervised loans, and sales finance contracts, and to specify the findings in a report to the General Assembly.

COMMITTEE GOALS
Findings relative to restricted loans, supervised loans, and sales finance contracts should be made:

* Whether an appropriate maximum finance charge, if any, shall be set;

* To what extent other charges shall continue to be authorized;


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