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 800, Mar. 7 | Printed Page 820, Mar. 8 |
Printed Page 810 . . . . . Wednesday, March 8, 1995
S. 619 -- Senator Richter: A BILL TO AMEND SECTIONS 23-3-410 AND 23-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION AND REGULATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-3-430, RELATING TO PARTICULAR CONVICTIONS WHICH RENDER A PERSON A "SEX OFFENDER", SO AS TO PROVIDE THAT A PERSON WHO REMAINS IN THIS STATE FOR THIRTY DAYS IS A RESIDENT; TO AMEND SECTION 23-3-450, RELATING TO REGISTRATION WITH THE COUNTY SHERIFF, SO AS TO AUTHORIZE THE COUNTY SHERIFF TO ESTABLISH SPECIFIC TIMES OF THE DAY DURING WHICH AN OFFENDER MAY REGISTER; TO AMEND SECTION 23-3-460, RELATING TO THE LIFETIME ANNUAL REGISTRATION BY AN OFFENDER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-3-470, RELATING TO THE PENALTIES FOR FAILURE TO REGISTER, SO AS TO REVISE THE PENALTIES; AND TO AMEND SECTION 23-3-480, RELATING TO NOTICE OF THE DUTY TO REGISTER, SO AS TO PROVIDE THAT A PERSON CONVICTED OF AN OFFENSE PROVIDED IN SECTION 23-3-420 PRIOR TO JULY 1, 1994, AND WHO WAS RELEASED FROM CUSTODY PRIOR TO JULY 1, 1994, DOES NOT HAVE TO REGISTER UNLESS THE PERSON HAS BEEN SERVED NOTICE OF THE DUTY TO REGISTER BY THE SHERIFF OF THE COUNTY IN WHICH THE PERSON RESIDES, IN WHICH CASE SUCH PERSON SHALL REGISTER WITHIN TEN DAYS OF SUCH NOTIFICATION OF THE DUTY TO REGISTER.

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

S. 620 -- Senator Wilson: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT INCLUDING AN EXEMPTION

Printed Page 811 . . . . . Wednesday, March 8, 1995
FOR THE NAME, ADDRESS, ANDTELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED AND EXCEPTIONS TO THIS PROVISION, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY TO WRECKER SERVICES AND PRIVATE DETECTIVE AGENCIES.

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

S. 621 -- Senators Hayes and Waldrep: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTY FOR A DRIVER WHO LEAVES THE SCENE OF AN ACCIDENT WHEN DEATH OR GREAT BODILY INJURY OCCURS; AND TO AMEND SECTION 56-5-1220, RELATING TO DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO AN ATTENDED VEHICLE, SO AS TO INCREASE THE PENALTY FOR A DRIVER WHO LEAVES THE SCENE OF AN ACCIDENT WHEN AN ATTENDED VEHICLE IS DAMAGED.

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

S. 622 -- Senators Hayes and Waldrep: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

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

S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR TO-HIRE AVIATION CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator WILLIAMS spoke on the Joint Resolution.

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

Printed Page 812 . . . . . Wednesday, March 8, 1995
Ordered to a Second and Third Reading

On motion of Senator COURTNEY, S. 623 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 624 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO APPLICATIONS FOR SELF-INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1842, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

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

S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Printed Page 813 . . . . . Wednesday, March 8, 1995
REPORTS OF STANDING COMMITTEE

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

S. 207 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.

Ordered for consideration tomorrow.

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

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.

Ordered for consideration tomorrow.

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

S. 317 -- Senator Elliott: A BILL TO AMEND SECTION 23-28-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS, SO AS TO REVISE THE DEFINITION OF "RESERVES" AND "CHIEFS"; TO AMEND SECTION 23-28-20, RELATING TO THE APPOINTMENT AND DUTIES OF RESERVE POLICE OFFICERS, SO AS TO REVISE A CHIEF'S APPOINTMENT POWERS; TO AMEND SECTION 23-28-30, RELATING TO RESERVE POLICE OFFICER TRAINING COURSES, SO AS TO REQUIRE RESERVE POLICE OFFICERS TO COMPLETE THE BASIC CORRECTIONAL OFFICER TRAINING COURSE BEFORE ASSUMING CORRECTIONAL DUTIES; AND TO AMEND SECTION 23-28-40, RELATING TO RESERVE OFFICER TRAINING, SO AS TO REDUCE THE NUMBER OF HOURS OF PRELIMINARY TRAINING.

Ordered for consideration tomorrow.

Printed Page 814 . . . . . Wednesday, March 8, 1995
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

S. 321 -- Senator Washington: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT AN ILLUSTRATION OR A MECHANICAL MODEL MAY BE USED TO DEMONSTRATE THE MANNER OF VOTING ON THE MACHINE.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

S. 340 -- Senator Elliott: A CONCURRENT RESOLUTION URGING THE CONGRESSIONAL DELEGATION OF THIS STATE TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION, FOR RATIFICATION BY THE STATES, SPECIFYING THAT CONGRESS AND THE STATES SHALL HAVE THE POWER, CONSISTENT WITH THE AMERICAN LEGAL SYSTEM OF FREEDOM OF EXPRESSION, TO PROHIBIT WANTON DESTRUCTION OF THE FLAG OF THE UNITED STATES OF AMERICA.

Ordered for consideration tomorrow.

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

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT BE HELD IN A SPECIAL ELECTION AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

Ordered for consideration tomorrow.

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

Printed Page 815 . . . . . Wednesday, March 8, 1995
ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

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.

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.

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.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

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

Printed Page 816 . . . . . Wednesday, March 8, 1995
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.

Senator HAYES explained the Bill.

ACTING PRESIDENT PRESIDES

At 11:45 A.M., Senator J. VERNE SMITH assumed the Chair.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

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

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

Printed Page 817 . . . . . Wednesday, March 8, 1995
The Transportation Committee proposed the following amendment (DKA\3718CM.95), which was adopted:

Amend the bill, as and if amended, by striking Section 56-1-45, SECTION 1, and inserting:

/"Section 56-1-45. (A) The department may not issue a driver's license to a person seventeen years of age or under unless:

(1) the person has a high school diploma or certificate, or a General Education Development Certificate; or

(2) the person is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education; and

(a) the person has conformed to the attendance laws, regulations, and policies of his school, school district, and the State Board of Education, as applicable;

(b) the person is not suspended or expelled from school.

(B) A person more than seventeen years of age but not more than eighteen years of age applying for a driver's license shall provide to the department one of the following:

(1) evidence of graduation from high school;

(2) his General Education Development Certificate;

(3) documentation as provided in subsection (C) from his school of attendance stating that the applicant conforms to the requirements of item (2) of subsection (A) of this section.

(C) The attendance supervisor or his designee shall provide documentation of enrollment status on a form prescribed by the State Department of Education in consultation with the Department of Public Safety to a student at least fifteen years of age, upon request. The documentation must indicate if the student is in compliance with the requirements of item (2) of subsection (A) of this section.

(D) Whenever a student fifteen years of age or older withdraws or is considered withdrawn from school, the attendance supervisor or his designee shall notify the Department of Public Safety of withdrawal and if the person holds a driver's license, the department shall suspend the license upon written notice. The written notice must be sent to the licensee informing him of the suspension within ten days unless he provides documentation of his compliance with the provisions of this section. The suspension period lasts until the student's eighteenth birthday or until he is re-enrolled in school for a minimum of thirty school days, unless an exception is granted pursuant to subsection (E). For the

Printed Page 818 . . . . . Wednesday, March 8, 1995
purposes of this section, withdrawal is defined as ten consecutive days of unexcused absence during the school year.

(E) If the local school board determines that a personal or family hardship exists that requires a person to obtain a driver's license for employment or medically-related purposes, the board may authorize the issuance of a license for a person denied a license or where a license has been suspended pursuant to this section. The request must be made on a form approved by the Department of Public Safety.

(F) The term `driver's license', as used in this section, includes a regular driver's license, a special restricted driver's license, and a beginner's permit.

(G) A suspension under this section does not require the filing of an SR-22 on the lifting of the suspension."/

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator STILWELL argued contra to second reading of the Bill.

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.

Recorded Vote

Senator STILWELL desired to be recorded as voting against the second reading of the Bill.

SECOND READING BILLS

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

S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE,

Printed Page 819 . . . . . Wednesday, March 8, 1995
RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.

H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE

Printed Page 820 . . . . . Wednesday, March 8, 1995
USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

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

| Printed Page 800, Mar. 7 | Printed Page 820, Mar. 8 |
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