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 1130, Mar. 14 | Printed Page 1150, Mar. 19 |

Printed Page 1140 . . . . . Tuesday, March 19, 1996

Tuesday, March 19, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words that lift up the heart from the Book of Revelation, Chapter 21 (v. 3f.) (NRSV):

"And I heard a loud voice from the throne

saying,

`See, the home of God is among mortals.

He will dwell with them; they will be His

peoples, and God Himself will be with them...

for the first things have passed

away'."
Let us pray.

Our Father, in our struggling days on earth, we often think of ultimate things.

We thank You for the picture that John gives us of heaven, where God is no longer the transcendent God, far off, but a God who dwells with His people.

We thank You that it is not necessary to wait for heaven to have God dwell with His people. He longs to dwell with us, and in us, by faith... in the here and now!

Grant unto us so to live today that our world may be a happier place because we passed through it, toiling, rejoicing, and looking forward to tomorrow because we believe that "the home of God is among mortals."

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.


Printed Page 1141 . . . . . Tuesday, March 19, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 22, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, State Board for Technical and Comprehensive Education, with term to commence June 1, 1995, and to expire June 1, 2001:

5th Congressional District:

Mr. Ralph A. Odom, Jr., 877 Hillcroft Place, Rock Hill, S.C. 29732 VICE Clarence Hood Hornsby, Jr.

Referred to the Committee on Education.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 27, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley


Printed Page 1142 . . . . . Tuesday, March 19, 1996

Statewide Appointments

Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1996, and to expire June 30, 2000:

Savings & Loan:

Mr. Herbert W. Watts, President, First Federal Savings & Loan Association, Post Office Box 512, Cheraw, S.C. 29520 VICE William L. Abercrombie, Jr.

Referred to the Committee on Banking and Insurance.

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1996, and to expire April 1, 2001:

At-Large:

Mr. James L. Victor, Post Office Box 1077, Aiken, S.C. 29802

Referred to the Committee on Education.

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:

At-Large:

Mr. William H. Stern, 2134 Bermuda Hills Road, Columbia, S.C. 29223

Referred to the Committee on Education.

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

At-Large:

Edward B. Hart, Jr., D.M.A., 6 Savage Street, Charleston, S.C. 29401 VICE Carl R. Blair

Referred to the General Committee.


Printed Page 1143 . . . . . Tuesday, March 19, 1996

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1889
Promulgated by Clemson University - State Crop Pest Commission
27-135. Designation of Plant Pests
Received by Lt. Governor March 6, 1996
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date July 4, 1996

Document No. 1908
Promulgated by Department of Labor, Licensing, and Regulation Residential Builders Commission
Qualifications for Licensure
Received by Lt. Governor March 5, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date July 3, 1996

Document No. 1909
Promulgated by Department of Labor, Licensing, and Regulation Commissioners of Pilotage
Port of Port Royal: Apprenticeship Selection Process; Pilot and Apprentice Age Limits
Received by Lt. Governor February 29, 1996
Referred to Senate Committee on Transportation
120 day review expiration date June 28, 1996 (Subject to Sine Die Revision)

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Don Gregg of Greenville, S.C., Doctor of the Day.

Remarks by the Chairman of the Ethics Committee

Senator LEATHERMAN, Chairman of the Ethics Committee, was recognized to address brief remarks to the body.

Motion to Ratify Adopted

At 12:12 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.


Printed Page 1144 . . . . . Tuesday, March 19, 1996

There was no objection and a message was sent to the House accordingly.

H. 4471--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., March 19, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
asks for a Committee of Conference, and has appointed Reps. Jaskwhich, Vaughn and Cato of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, FAIR and BOAN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1254 -- Senator Holland: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO PROVIDE THAT A CANDIDATE FOR THE OFFICE OF DIRECTOR OF A WATERSHED


Printed Page 1145 . . . . . Tuesday, March 19, 1996

CONSERVATION DISTRICT MUST FILE A DECLARATION OF CANDIDACY NOT LATER THAN NOON SEPTEMBER FIRST WITH THE COUNTY ELECTION COMMISSION, AND TO PROVIDE THAT IF A WATERSHED DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THAT THE DECLARATION OF CANDIDACY MUST BE FILED WITH THE STATE ELECTION COMMISSION.

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

S. 1255 -- Senator Holland: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON FOR ANTLERED DEER IN GAME ZONE 5.

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

S. 1256 -- Senators Martin and Alexander: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

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

S. 1257 -- Senators Giese and Lander: A BILL TO AMEND CHAPTER 67, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE ACT FOR SPEECH/LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO REVISE THIS CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

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

S. 1258 -- Senator Moore: A SENATE RESOLUTION CONGRATULATING AND COMMENDING MRS. JO-ANNE V. NEWMAN OF AIKEN COUNTY ON RECOGNIZING HER AS THE


Printed Page 1146 . . . . . Tuesday, March 19, 1996

FIRST WOMAN TO REFEREE AN AMATEUR BOXING MATCH AT THE NATIONAL LEVEL IN JUNE OF 1993.

The Senate Resolution was adopted.

S. 1259 -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LAURA TOLIVER "MOTHER" JEFFERSON OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO MRS. JEFFERSON'S FAMILY AND MANY FRIENDS.

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

H. 4758 -- Rep. Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE PANTHERS OF PINEWOOD PREPARATORY SCHOOL ON WINNING THE SCISAA CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1996.

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

H. 4767 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING THE BULLDOGS OF HOLLY HILL-ROBERTS HIGH SCHOOL ON WINNING THE 1996 CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL.

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

H. 4768 -- Rep. Gamble: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF FRANKLIN J. KELLY OF WEST COLUMBIA, WHO WAS TRAGICALLY KILLED AT HIS BARBER SHOP ON ASSEMBLY STREET IN COLUMBIA EARLY THURSDAY MORNING ON MARCH 14, 1996, IN A SENSELESS ACT OF PREMEDITATED VIOLENCE.

Whereas, the members of the General Assembly along with the rest of South Carolina were shocked and saddened to learn that Franklin J. Kelly, a well-known and popular Columbia barber, was shot to death early Thursday morning on March 14, 1996, in his barber shop in a senseless act of violence which also took the life of one of his customers and wounded another barber working in the shop; and

Whereas, Frank Kelly was a native of Walhalla and a resident of West Columbia, owned and operated Kelly's Barber Shop on Assembly Street


Printed Page 1147 . . . . . Tuesday, March 19, 1996

in Columbia, and had practiced his profession in Columbia for over forty-nine years at four different locations on Assembly Street; and

Whereas, he not only gave hair cuts to people from all walks of life at his shop from police officers to ROTC students, but he also volunteered to cut hair for hospital patients, retirement home patients, and even people who were in jail; and

Whereas, throughout his seventy-five years, he was truly a friend to all those with whom he came into contact and gave freely of his time and resources especially to those people who were in need; and

Whereas, he served his country honorably as an Army veteran of World War II and was a loyal and devoted member of the First Baptist Church of West Columbia. He especially loved working in his yard at his home on "C" Avenue in West Columbia, as well as sharing this love of gardening with his friends and neighbors; and

Whereas, the members of the General Assembly, by this resolution, would like to extend their sincere and heartfelt condolences to his wife, two daughters, and other members of his family in this time of deep sorrow at the loss of this truly fine man. Now, therefore,

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

That the members of the General Assembly hereby express their deepest sympathy to the family and many friends of Franklin J. Kelly of West Columbia, who was tragically killed at his barber shop on Assembly Street in Columbia early Thursday morning on March 14, 1996, in a senseless act of premeditated violence.

Be it further resolved that a copy of this resolution be forwarded to his widow, Mrs. Lila Mae Smith Kelly.

Senator SETZLER moved that the Concurrent Resolution be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Jackson             Land                Lander
Leatherman          Leventis            Martin
Matthews            McConnell           McGill

Printed Page 1148 . . . . . Tuesday, March 19, 1996

Mescher             Moore               O'Dell
Passailaigue        Patterson           Peeler
Rankin              Reese               Richter
Rose                Russell             Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Thomas
Waldrep             Washington          Wilson
TOTAL--45

NAYS
TOTAL--0

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

H. 4769 -- Rep. Gamble: A CONCURRENT RESOLUTION CONGRATULATING BROOKLAND-CAYCE HIGH SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO ON BEING NAMED A WINNER IN REDBOOK MAGAZINE'S "AMERICA'S BEST SCHOOLS" PROJECT.

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

H. 4770 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MARION H. DAVIS, SR., OF GREENWOOD, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

H. 4735 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, 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. 4747 -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL


Printed Page 1149 . . . . . Tuesday, March 19, 1996

MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.

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

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

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill and Joint Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

S. 1140 -- Senators Moore, Ryberg, Setzler, Lander, Jackson, Matthews and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

H. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER OF HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.


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