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

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| Printed Page 1000, Mar. 7 | Printed Page 1020, Mar. 12 |
Printed Page 1010 . . . . . Tuesday, March 12, 1996
Leave of Absence

On motion of Senator MOORE, at 12:20 P.M., Senator SALEEBY was granted a leave of absence for today.

Message from the House

Columbia, S.C., March 7, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1243 -- Senators Setzler, Lander and Giese: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE "SOUTH CAROLINA CHARTER SCHOOLS ACT OF 1996" WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED.

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

S. 1244 -- Senators Ryberg, Gregory, Jackson, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-195 SO AS TO PROVIDE FOR THE ELECTION OF ADDITIONAL MEMBERS TO MUNICIPAL COUNCILS TO REPRESENT NONRESIDENT RESIDENTIAL MUNICIPAL WATER AND SEWER CUSTOMERS WHEN SUCH CUSTOMERS ARE CHARGED HIGHER RATES FOR THESE

Printed Page 1011 . . . . . Tuesday, March 12, 1996
UTILITIES THAN ARE RESIDENTIAL CUSTOMERS WITHIN THE MUNICIPALITY'S BOUNDARIES, TO LIMIT THE MATTERS ON WHICH THESE SPECIAL COUNCIL MEMBERS ARE ALLOWED TO VOTE TO UTILITY OPERATIONS, TO PROVIDE FOR THE NUMBER OF SPECIAL MEMBERS, THE NOMINATION AND ELECTION PROCEDURES AND TERMS, AND TO PROVIDE THAT THE MUNICIPAL ELECTION COMMISSION SHALL CONDUCT THE ELECTIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.

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

H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.

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

H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.

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

Printed Page 1012 . . . . . Tuesday, March 12, 1996
H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.

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

H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.

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

REPORTS OF STANDING COMMITTEE

Invitations Accepted

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

An invitation from Home Builders Association to attend a reception/Bird Supper at the National Guard Armory, Bluff Road on Tuesday, March 19, 1996, beginning at 6:30 P.M. with a reception and dinner at 7:15 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue
TOTAL--7

NAYS
TOTAL--0






Printed Page 1013 . . . . . Tuesday, March 12,
1996




NOT VOTING


Matthews             Rose                 McGill

TOTAL--3



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


An invitation from Association of Public Library Adm. of S.C. to attend a luncheon at the
Holiday Inn, Assembly Street on Wednesday, March 20, 1996, immediately upon adjournment
and lasting until 2:00 P.M.



Poll of the Invitations Committee




Ayes 7; Nays 0; Not Voting 3




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue

TOTAL--7




NAYS


TOTAL--0




NOT VOTING

Matthews             Rose                 McGill

TOTAL--3



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


An invitation from AAA Carolina Motor Club to attend a reception at the Club House of Gregg
Park, Forest Drive on Wednesday, March 20, 1996, from 6:00 until 8:00 P.M.



Printed Page 1014 . . . . . Tuesday, March 12,
1996




Poll of the Invitations Committee




Ayes 7; Nays 0; Not Voting 3




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue

TOTAL--7




NAYS


TOTAL--0




NOT VOTING

Matthews             Rose                 McGill

TOTAL--3



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


An invitation from The Society of the Plastics Industry to attend a reception at Stadium Place on
Tuesday, March 26, 1996, from 6:00 until 8:00 P.M.



Poll of the Invitations Committee




Ayes 7; Nays 0; Not Voting 3




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue

TOTAL--7




NAYS


TOTAL--0




Printed Page 1015 . . . . . Tuesday, March 12,
1996




NOT VOTING


Matthews             Rose                 McGill

TOTAL--3



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


An invitation from S.C. Prayer Fellowship to attend a breakfast at the Embassy Suites Hotel on
Wednesday, March 27, 1996, from 7:30 until 8:30 A.M.



Poll of the Invitations Committee




Ayes 7; Nays 0; Not Voting 3




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue

TOTAL--7




NAYS


TOTAL--0




NOT VOTING

Matthews             Rose                 McGill

TOTAL--3



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


An invitation from S.C. Department of Archives and History to attend a morning drop-in in #208
Blatt Building on Wednesday, March 27, 1996, from 8:30 until 10:00 A.M.



Printed Page 1016 . . . . . Tuesday, March 12,
1996




Poll of the Invitations Committee




Ayes 7; Nays 0; Not Voting 3




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue

TOTAL--7




NAYS


TOTAL--0




NOT VOTING

Matthews             Rose                 McGill

TOTAL--3



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


An invitation from Young Bankers Division of the S.C. Bankers Association to attend an Oyster
Roast at the Sterling Garden Center, 300 Senate Street on Wednesday, March 27, 1996, from
6:00 until 8:00 P.M.



Poll of the Invitations Committee




Ayes 7; Nays 0; Not Voting 3




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue

TOTAL--7




NAYS


TOTAL--0




Printed Page 1017 . . . . . Tuesday, March 12,
1996




NOT VOTING


Matthews             Rose                 McGill

TOTAL--3



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



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. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright,
Sheheen, J. Harris and Thomas:  A BILL TO AMEND SECTION 20-7-430, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF
JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER
JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD
HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT,
WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND
THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE
SAME SENTENCE.



THIRD READING BILLS



The following Bills and Joint Resolution were read the third time and ordered sent to the House
of Representatives:


S. 1218 -- Education Committee:  A JOINT RESOLUTION TO APPROVE REGULATIONS
OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF
RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT
NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE
1 OF THE 1976 CODE.


S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose:  A BILL TO
AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO 



Printed Page 1018 . . . . . Tuesday, March 12,
1996



AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS
PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.


S. 926 -- Senators Patterson, Giese, Gregory and Mescher:  A BILL TO AMEND SECTION
20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO
CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF
JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE
NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A
NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CHARGED WITH
A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH
A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL
DRUGS.


S. 1016 -- Senator Martin:  A BILL TO AMEND SECTION 16-11-620 OF THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENTERING
THE PREMISES OF ANOTHER PERSON AFTER WARNING AND REFUSING TO LEAVE
THE PREMISES OF ANOTHER PERSON ON REQUEST, SO AS TO DELETE THE
REQUIREMENT THAT THE WARNING REQUIRED BY THIS SECTION FOR THE
OFFENSE OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING
MUST HAVE BEEN MADE WITHIN THE PRECEDING SIX MONTHS.  


S. 1028 -- Senators Hayes, Short and Peeler:  A BILL TO AMEND SECTION 5-15-145, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF
AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL
ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO
PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION
WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL
ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.


S. 1032 -- Senator Bryan:  A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF
"GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH
CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION 



Printed Page 1019 . . . . . Tuesday, March 12,
1996



FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES,
AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY
AND MANAGEMENT ACT OF 1991.


S. 1072 -- Senators Matthews, Washington, Ford and Glover:  A BILL TO AMEND SECTION
12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR
CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH
CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR
COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR
HANDICAPPED PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN
ACCORDANCE WITH FEDERAL HOUSING LAW.


S. 1081 -- Senators Drummond and Giese:  A BILL TO AMEND SECTION 1-11-720, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC
ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL
INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS
TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE
ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE
METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE
OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.


S. 1082 -- Senators Drummond and Giese:  A BILL TO AMEND SECTION 1-11-710, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE
MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE
AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO
PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO
THE PAYMENT OF BENEFITS.


S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and
Giese:  A BILL TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE 



Printed Page 1020 . . . . . Tuesday, March 12,
1996



BUDGET AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE
STATE BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR
UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY
INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER
PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH
POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75,
RELATING TO STATE FUNDS BEING WITHHELD FROM COUNTIES AND
MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS
TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO
PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN
DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO
DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND
CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX
DISTRIBUTIONS.






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