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 120, Jan. 10 | Printed Page 140, Jan. 11 |

Printed Page 130 . . . . . Wednesday, January 10, 1996

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.

RECOMMITTED

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE


Printed Page 131 . . . . . Wednesday, January 10, 1996

YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator LEVENTIS, the Bill was recommitted to the Committee on Agriculture and Natural Resources, retaining its place on the Calendar.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 5 (BBM\10332HTC.95) previously proposed by Senators WILSON and THOMAS on June 1, 1995.

Objection

Senator LEATHERMAN asked unanimous consent, with Senator WILSON retaining the floor, to make a motion to carry over the Bill until January 24, 1996.

Senator PASSAILAIGUE objected.


Printed Page 132 . . . . . Wednesday, January 10, 1996

Senator WILSON spoke on the amendment.

Senator LEATHERMAN asked unanimous consent, with Senator WILSON retaining the floor, to make a motion to carry over the Bill until January 17, 1996.

There was no objection.

The Bill was carried over until January 17, 1996, with Senator WILSON retaining the floor.

Senator BRYAN, with unanimous consent, spoke on the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

LOCAL APPOINTMENTS

Confirmations

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

Reappointment, Aiken County Master-in-Equity, with term to commence June 30, 1995, and to expire June 30, 2001:

The Honorable Robert A. Smoak, Jr., P.O. Box 1397, Aiken, S.C. 29802-1397

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

Reappointment, Beaufort County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Delores L. Washington, P.O. Box 845, Lobeco, S.C. 29931-0845

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


Printed Page 133 . . . . . Wednesday, January 10, 1996

Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Timothy Scott Ramsey, P.O. Box 2267, Gaffney, S.C. 29341 VICE Tina M. McSwain (resigned)

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

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Ronnie L. Simpson, Route 1, Box 385, Patrick, S.C. 29584 VICE Glenn M. McLain (resigned)

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

Initial Appointment, Clarendon County Magistrate, with term to commence August 29, 1995, and to expire April 30, 1998:

The Honorable Edward M. Stuckey, Route 2, Box 1726, Summerton, S.C. 29148 VICE New Seat

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

Initial Appointment, Colleton County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Mrs. Mildred W. Smith, Route 1, Box 241, Islandton, S.C. 29929 VICE Annie S. Strickland (retired)

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

Reappointment, Lexington County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:

The Honorable George William Jefferson, 221 Barmount Drive, Columbia, S.C. 29210

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


Printed Page 134 . . . . . Wednesday, January 10, 1996

Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Arthur L. Jayroe, Jr., P.O. Box 95, Little Mountain, S.C. 29075 VICE Emily E. Clements (resigned effective July 31, 1995)

MOTION ADOPTED

On motion of Senators WILSON, DRUMMOND, ALEXANDER, BOAN, BRYAN, CORK, COURSON, COURTNEY, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, HAYES, HOLLAND, JACKSON, LAND, LANDER, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, RANKIN, REESE, ROSE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, GREG SMITH, J. VERNE SMITH, THOMAS, WALDREP and WASHINGTON with unanimous consent, the Senate stood adjourned out of respect to the memory of Annette Richter, beloved sister of Senator RICHTER.

ADJOURNMENT

At 12:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 135 . . . . . Thursday, January 11, 1996

Thursday, January 11, 1996

(Statewide Session)

The Senate assembled at 11 A.M., 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, in that treatise we know as the Sermon on the Mount we read in Matthew five (v.6):

"Blessed are they which hunger

and thirst after righteousness:

For they shall be filled."
Let us pray.

We know, O Lord, that the disciples of Jesus were common men and women, such as we are: plodding, working, hoping, dreaming! Sometimes misunderstanding and sometimes misunderstood! Ambitious! Sometimes wavering and faltering! Enthusiastic! Fearful!

But then we hunger to do the right things! We thirst after the water that sustains life and character!

Help us to hunger and thirst after loyalty, courage, faith and the willingness to take up any burden that is for the good of our people... or of all mankind.

If we can't always win, help us always to try!

Amen.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 19, 1995
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


Printed Page 136 . . . . . Thursday, January 11, 1996

Statewide Appointment

Initial Appointment, State Board of Social Work Examiners, with term to commence November 27, 1992, and to expire November 27, 1996:

Master:

Mr. John R. Kennedy, 917 Rolling View Lane, Columbia, S.C. 29210 VICE William Deemer/Charles Abercrombie

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

July 11, 1995
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, Director of the Department of Insurance, with term to commence July 1, 1995, and to expire at the pleasure of the Governor:

Mr. Lee P. Jedziniak, Director, Department of Insurance, 1612 Marion Street, Columbia, S.C. 29201

Referred to the Committee on Banking and Insurance.


Printed Page 137 . . . . . Thursday, January 11, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

December 1, 1995
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

Reappointment, Director of the Department of Public Safety, with term to commence February 1, 1996, and to expire February 1, 2000:
Mr. B. Boykin Rose, Director, Department of Public Safety, 5400 Broad River Road, Columbia, S.C. 29210

Referred to the Committee on Judiciary.

Doctor of the Day

Senator COURTNEY introduced Dr. Carol S. Nicholes of Spartanburg, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator J. VERNE SMITH, at 11:00 A.M., Senator DRUMMOND was granted a leave of absence for today.

Message from the House

Columbia, S.C., January 10, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained veto #60 by the Governor on H. 3362, by a vote of 59 to 61 and all remaining vetoes were continued.

Very respectfully,
Speaker of the House

Received as information.


Printed Page 138 . . . . . Thursday, January 11, 1996

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

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

S. 1014 -- Senators McConnell, Passailaigue, Courson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

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

S. 1015 -- Senator Reese: A BILL TO ELIMINATE THE DEPARTMENT OF PUBLIC SAFETY'S OFFICE OF PROFESSIONAL RESPONSIBILITY AND TO PLACE UNEXPENDED FUNDS USED FOR THE OPERATION OF THIS OFFICE IN THE GENERAL FUND OF THE STATE.

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

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


Printed Page 139 . . . . . Thursday, January 11, 1996

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.

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

S. 1017 -- Senator Bryan: A BILL TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS COMPRISING THE COMMISSION FROM SEVEN TO TEN.

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

S. 1018 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 27-40-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE REQUIREMENT THAT A TENANT SHALL OCCUPY HIS DWELLING UNIT ONLY AS A DWELLING UNIT AND SHALL NOT CONDUCT OR PERMIT ANY ILLEGAL ACTIVITIES IN HIS DWELLING UNIT, SO AS TO ADD PROVISIONS COMPELLING EVICTION UNDER CERTAIN CIRCUMSTANCES.

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

S. 1019 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.

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

S. 1020 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-273 SO AS TO PROVIDE THAT A HEALTH BENEFIT POLICY OF INSURANCE MAY NOT REQUIRE AS A CONDITION TO THE COVERAGE OF DERMATOLOGICAL SERVICES THAT AN ENROLLEE, SUBSCRIBER, OR INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.

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


| Printed Page 120, Jan. 10 | Printed Page 140, Jan. 11 |

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