Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 90, Jan. 10 | Printed Page 110, Jan. 10 |

Printed Page 100 . . . . . Wednesday, January 10, 1996

S. 995 -- Senators Setzler, Giese, Bryan, Lander, Washington, Drummond, Land, Mescher, Hayes, Elliott, Leatherman, Waldrep, Holland, Moore and Martin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

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

S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

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

S. 997 -- Senators Elliott and Giese: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.

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

S. 998 -- Senators Giese, Passailaigue, Glover, Wilson, Washington, Lander, Leatherman and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

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


Printed Page 101 . . . . . Wednesday, January 10, 1996

S. 999 -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 75 SO AS TO PROVIDE FOR THE ISSUANCE OF GIRL SCOUT LICENSE PLATES.

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

S. 1000 -- Senator Reese: A BILL TO AMEND SECTION 56-1-790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A DRIVING CONVICTION IN ANOTHER STATE OR A FEDERAL CONVICTION ON A PERSON'S DRIVING RECORD BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO ALLOW THE DEPARTMENT TO RECORD CONVICTIONS THAT IT RECEIVES WITHIN ONE HUNDRED EIGHTY DAYS OF THE FINAL ADJUDICATION OF THE OFFENSE.

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

S. 1001 -- Senator Giese: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMERCIAL DRIVER LICENSE, SO AS TO ALLOW A COMMERCIAL DRIVER LICENSE HOLDER TO DRIVE ALL VEHICLES IN THE CLASS FOR WHICH THE LICENSE IS ISSUED AND ALL LESSER CLASSES OF VEHICLES.

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

S. 1002 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 69 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR ISSUANCE OF SPECIAL LICENSE PLATES FOR VIETNAM VETERANS; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "PRIVATE MOTOR VEHICLE OR PRIVATE PASSENGER MOTOR VEHICLE".

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

S. 1003 -- Senators Rose, McConnell, Mescher and Matthews: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS


Printed Page 102 . . . . . Wednesday, January 10, 1996

AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

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

S. 1004 -- Senators Giese, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THOSE LAW ENFORCEMENT AGENCIES IN SOUTH CAROLINA INCLUDING THE GREENVILLE SHERIFF'S DEPARTMENT, MT. PLEASANT POLICE DEPARTMENT, CHARLESTON POLICE DEPARTMENT, SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), GREENVILLE POLICE DEPARTMENT, IRMO POLICE DEPARTMENT, SUMTER POLICE DEPARTMENT, AND THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT WHICH HAVE BEEN ACCREDITED NATIONALLY BY THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. (C.A.L.E.A.) OR WHICH ARE IN THE PROCESS OF BECOMING SO ACCREDITED, AND TO COMMEND THE SOUTH CAROLINA POLICE ACCREDITATION COALITION TO WHICH THESE AGENCIES BELONG FOR ITS EFFORTS IN IMPROVING LAW ENFORCEMENT IN OUR STATE.

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

S. 1005 -- Senators Wilson, Russell, O'Dell and Gregory: A CONCURRENT RESOLUTION CREATING A COMMITTEE FOR THE PURPOSE OF SELECTING AN APPROPRIATE SITE AND ERECTING A SUITABLE MONUMENT ON THE STATE HOUSE GROUNDS RECOGNIZING THE ACHIEVEMENTS OF CITIZENS OF SOUTH CAROLINA IN THE WORLD OF SCIENCE AND EDUCATION.

Whereas, many South Carolinians have made valuable, outstanding contributions to science and education, bringing recognition and acclaim to our State and to our Nation; and

Whereas, it is proper and fitting to recognize these South Carolinians, their accomplishments, and contributions. Now, therefore,

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


Printed Page 103 . . . . . Wednesday, January 10, 1996

That there is created a committee whose purpose is to select an appropriate site and to cause to be erected a suitable monument on the State House grounds. All matters associated with site selection and erection of the monument are vested in the committee; however, the committee should consider:

(1) recognizing South Carolina inventors and inventions, possibly labelling a portion of the monument "First in South Carolina";

(2) commemorating South Carolina's Nobel Prize winners;

(3) dedicating a portion of the monument to South Carolina's astronauts, possibly including a statue or bust of Ron McNair.

Additionally, the committee shall consult the Division of General Services on the matter of the site and the division shall advise and render necessary service to the committee on this matter.

The committee is composed of nine members as follows: three members of the Senate appointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House; and three nonlegislator citizens of the State appointed by a majority of the committee's six legislative members. The committee members shall elect a chairman and other officers they consider necessary. The committee shall meet at times and places as indicated by the chairman or by any five other members of the committee.

No member of the committee may receive subsistence, per diem, or mileage in connection with his committee service.

Once the monument has been erected, the committee is dissolved.

Referred to the General Committee.

S. 1006 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 31, 1996, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1996.

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

S. 1007 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO COMMEND THE EPWORTH CHILDREN'S HOME OF COLUMBIA FOR ITS OUTSTANDING SERVICE TO MANY THOUSANDS OF CHILDREN AND FAMILIES OF SOUTH CAROLINA UPON THE OCCASION OF ITS ONE HUNDREDTH YEAR OF CHILD CARE, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF JANUARY 1996 AS EPWORTH


Printed Page 104 . . . . . Wednesday, January 10, 1996

CHILDREN'S HOME MONTH IN SOUTH CAROLINA IN HONOR OF THIS EXEMPLARY CHILD CARE FACILITY.

Whereas, Epworth Orphanage was established in Columbia in 1895 by the South Carolina Annual Conference of the Methodist Church; and

Whereas, the first two children came to live at Epworth Orphanage on January 20, 1896, which was the first day of operation of the child care facility; and

Whereas, Epworth Orphanage was chartered by the General Assembly in 1896 to care for dependent and neglected children in the State of South Carolina; and

Whereas, its name was changed to Epworth Children's Home in 1951; and

Whereas, more than eight thousand children have been cared for at Epworth Children's Home during the past one hundred years; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this outstanding child care facility for a century of outstanding services to children, youth, and families. Now, therefore,

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

That the members of the General Assembly hereby commend the Epworth Children's Home of Columbia for its outstanding service to many thousands of children and families of South Carolina upon the occasion of its one hundredth year of child care.

Be it further resolved that the members of the General Assembly hereby request the Governor to declare the month of January 1996 as Epworth Children's Home Month throughout South Carolina in honor of this exemplary child care facility.

Be it further resolved that a copy of this resolution be forwarded to Epworth Children's Home.

Referred to the Committee on Invitations.

S. 1008 -- Senator Jackson: A CONCURRENT RESOLUTION TO DESIGNATE THE YEAR 1996 AS THE "YEAR OF RACIAL HARMONY" IN SOUTH CAROLINA.

Whereas, on June 20, 1995, the 1995 Southern Baptist Convention adopted a resolution apologizing for its past support of slavery and racial discrimination; and

Whereas, this historic resolution was adopted during the 150th anniversary of the Southern Baptist Convention; and


Printed Page 105 . . . . . Wednesday, January 10, 1996

Whereas, the Southern Baptist Convention reportedly has more than 15 million members nationwide, making it the nation's largest Protestant religious denomination; and

Whereas, the South Carolina affiliate of the Southern Baptist Convention, the South Carolina Baptist Convention, has 1,866 member churches, with approximately 725,000 church members, making it the state's largest religious denomination; and

Whereas, the Southern Baptist resolution is symbolic of the kinds of actions which should be periodically taken to perpetuate the healing of past wounds and to promote present and future racial harmony; and

Whereas, the Southern Baptist resolution encourages a spirit of unity in society rather than a spirit of division in society; and

Whereas, it is fitting that the Southern Baptist resolution serve as the impetus for a statewide rededication and recommitment to the principle of racial harmony. Now, therefore,

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

That the General Assembly of the State of South Carolina hereby endorses the resolution adopted by the 1995 Southern Baptist Convention apologizing for the past support of slavery and racially discriminatory policies and practices.

Be it further resolved that the year 1996 is designated as the Year of Racial Harmony in South Carolina.

Be it further resolved that a Legislative Task Force on Racial Harmony is created for the purpose of planning, organizing, and coordinating events and activities throughout the State commemorating the Year of Racial Harmony.

Be it further resolved that the task force must consist of four members appointed by the President Pro Tempore; four members appointed by the Speaker; and two members appointed by the Governor.

Be it further resolved that the task force shall elect a chairperson from among its membership.

Referred to the Committee on Invitations.

S. 1009 -- Senator McConnell: A CONCURRENT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE A GOVERNMENT OF THE PEOPLE AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES FOR SUBMISSION TO THE STATES TO ESTABLISH A MECHANISM FOR NULLIFICATION OF FEDERAL LAWS AND REGULATIONS WHERE THE STATES DETERMINE THAT THESE LAWS OR


Printed Page 106 . . . . . Wednesday, January 10, 1996

REGULATIONS EXCEED THE AUTHORITY OF THE FEDERAL GOVERNMENT UNDER THE CONSTITUTION OF THE UNITED STATES.

Whereas, the federal government was established by the states through ratification of the Constitution of the United States; and

Whereas, the federal government was granted certain limited powers under the Constitution of the United States to act as the agent of the states and of the people; and

Whereas, the Constitution of the United States requires under the Tenth Amendment that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"; and

Whereas, by the actions of Congress, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the actions of the Executive, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the actions of the Judiciary, the federal government has usurped powers reserved to the states and to the people; and

Whereas, by the combined actions of the Congress, the Executive and the Judiciary, the principal-agent relationship established by the Constitution of the United States has been effectively reversed, as the federal government has arrogated to itself the role of principal; and

Whereas, it has become customary for the federal Judiciary to possess the ultimate authority to interpret the meaning of the Constitution of the United States; and

Whereas, reliance upon the federal Judiciary, itself a branch of the federal government, has inappropriately delegated ultimate interpretation of the Constitution of the United States to the agent, rather than to the principal; and

Whereas, only the principal in a principal-agent relationship can ultimately interpret the intention of the principal; and

Whereas, the federal government is more distant from the people than state governments and is thereby less efficient and effective in providing for functions that, under the Constitution of the United States, were to have been reserved to the states and to the people; and

Whereas, to achieve government of the people, by the people, and for the people, government must become closer to the people; and

Whereas, there is a need for an effective mechanism by which the states may provide ultimate interpretation of their intentions under the Constitution of the United States.


Printed Page 107 . . . . . Wednesday, January 10, 1996

Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the Congress of the United States, by this resolution, is petitioned to propose the Government of the People Amendment to the Constitution of the United States, for submittal to the states for ratification, providing for the states to nullify federal laws and regulations, in such cases as the states consider that the federal government has exceeded the limits of its authority.

Be it further resolved that to achieve the purpose expressed above that the Government of the People Amendment shall provide that:

(1) Any act of Congress, or provision of it is void upon the adoption of a Resolution of Disapproval by the legislatures of two-thirds of the states providing that no more than five years has passed from the adoption of the first Resolution of Disapproval by a state and the requisite number of adoptions.

(2) Any regulations, administrative directive or provision thereof is void upon the adoption of a Resolution of Disapproval by the legislatures of two-thirds of the states where no more than five years has passed from the adoption of the first Resolution of Disapproval by a state and the requisite number of adoptions.

Be it further resolved that the Government of the People Amendment shall require a Resolution of Disapproval to declare the causes that impel the resolution.

Be it further resolved that the Government of the People Amendment shall contain reasonable limitations on the use of Resolutions of Disapproval with respect to issues of national security.

Be it further resolved that the Government of the People Amendment shall prohibit judicial review of any matter with respect to the Government of the People Amendment or its implementation or operation.

Be it further resolved that the Clerks of the South Carolina Senate and the South Carolina House of Representatives transmit copies of this concurrent resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature of the United States of America, and the South Carolina Congressional Delegation.

Referred to the Committee on Judiciary.

S. 1010 -- Senator McConnell: A CONCURRENT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN INITIATIVE AMENDMENT TO THE CONSTITUTION


Printed Page 108 . . . . . Wednesday, January 10, 1996

OF THE UNITED STATES FOR SUBMISSION TO THE STATES TO PROVIDE THE STATES A METHOD OF OFFERING AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.

Whereas, the ratification of the Constitution of the United States by the states created a balance of power between the federal government and the states; and

Whereas, the federal government was granted certain limited powers under the Constitution of the United States; and

Whereas, the Constitution of the United States requires, under the Tenth Amendment that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"; and

Whereas, by the combined actions of the Congress, the Executive and the Judiciary, today, power is concentrated in the federal government; and

Whereas, the original checks and balances created by the founders have been eroded and the national government has consolidated power and authority; and

Whereas, the federal government is more distant from the people than state governments; and

Whereas, to achieve government of the people, by the people, and for the people, government must become closer to the people; and

Whereas, there is a need for an effective mechanism by which the states can offer amendments to the Constitution of the United States. Now, therefore,

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

That the Congress of the United States, by this resolution, is petitioned to propose the States' Initiative Resolution as an amendment to the Constitution of the United States for ratification by state legislatures. This resolution must be submitted to the states for ratification, providing for the states a method through which they may amend the Constitution of the United States.

Be it further resolved that to achieve the purpose expressed above, the States' Initiative Amendment shall provide that: Whenever three-fourths of the legislatures of the states deem it necessary, they shall propose amendments to this Constitution. These proposed amendments are valid for all intents and purposes two years after they are submitted to Congress. These amendments will be invalid if both houses of Congress, by two-thirds vote, disapprove them within two years after their submission.

Be it further resolved that the Clerks of the South Carolina Senate and the South Carolina House of Representatives transmit copies of this


Printed Page 109 . . . . . Wednesday, January 10, 1996

concurrent resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the President of the Senate, and the Speaker of the House of Representatives of each state's legislature of the United States of America, and the South Carolina Congressional Delegation.

Referred to the Committee on Judiciary.

S. 1011 -- Senators Courtney, Thomas, J. Verne Smith and Russell: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE ABNER CREEK BRIDGE ON BENNETT'S BRIDGE ROAD IN SPARTANBURG COUNTY THE "VICTORIA BRIDGE" IN MEMORY OF VICTORIA MARIE CORDLE AND TO ERECT APPROPRIATE SIGNS OR MARKERS ON OR NEAR THE BRIDGE REFLECTING THIS DESIGNATION.

Whereas, Victoria Marie Cordle of Spartanburg County drowned in a tragic accident in August, 1995, when the car in which she was riding plunged into a flooded Abner Creek in Spartanburg County upon hitting a dip in Bennett's Bridge Road where water had swept over the roadway; and

Whereas, Ms. Cordle, who died at the age of twenty, was a 1993 graduate of James F. Byrnes High School and had been a resident of the area since 1986; and

Whereas, she was a sweet, caring, fun-loving young woman who thoroughly enjoyed boating and swimming; and

Whereas, she loved adventure and life, was always happy and smiling, and was an inspiration to all who knew her; and

Whereas, it is entirely fitting that the bridge where she met her tragic and untimely death should be named for her. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name the Abner Creek Bridge on Bennett's Bridge Road in Spartanburg County the "Victoria Bridge" in memory of Victoria Marie Cordle and to erect appropriate signs or markers on or near the bridge reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of the late Victoria Marie Cordle.

Referred to the Committee on Transportation.


| Printed Page 90, Jan. 10 | Printed Page 110, Jan. 10 |

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