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 1290, Mar. 26 | Printed Page 1310, Mar. 27 |

Printed Page 1300 . . . . . Tuesday, March 26, 1996

(R279) H. 3898 -- Rep. Sharpe: AN ACT TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.

(R280) H. 4054 -- Rep. McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION LAW APPLIES TO AND INCLUDES ALL PARTICIPANTS IN THE TECH PREP OR OTHER STRUCTURED SCHOOL TO WORK PROGRAMS; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATION OF THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO MAKE CHANGES IN THE PROVISIONS REGARDING THE AVERAGE WEEKLY WAGE FOR STUDENTS OF HIGH SCHOOLS, STATE TECHNICAL SCHOOLS, AND STATE-SUPPORTED COLLEGES AND UNIVERSITIES WHILE ENGAGED IN CERTAIN ACTIVITIES.

(R281) H. 4332 -- Reps. Sharpe, Sandifer and Jennings: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.

(R282) H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.

(R283) H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn:


Printed Page 1301 . . . . . Tuesday, March 26, 1996

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

(R284) H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-65 SO AS TO ESTABLISH LICENSURE REQUIREMENTS FOR FIRST RESPONDER EMERGENCY MEDICAL SERVICES ORGANIZATIONS; TO AMEND SECTION 44-61-20, RELATING TO DEFINITIONS FOR "THE EMERGENCY MEDICAL SERVICES ACT OF SOUTH CAROLINA" SO AS TO DEFINE EMT FIRST RESPONDER AGENCY; TO AMEND SECTION 44-61-30, RELATING TO STANDARDS FOR EMERGENCY MEDICAL SERVICES AND THE CREATION OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL SO AS TO INCLUDE IN THE EMS PROGRAM THE LICENSING OF EMT FIRST RESPONDER AGENCIES, THE DESIGNATION OF TRAUMA CENTERS, AND THE CATEGORIZATION OF HOSPITAL EMERGENCY DEPARTMENTS AND TO EXPAND THE MEMBERSHIP OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL; TO AMEND SECTION 44-61-40, RELATING TO EMERGENCY MEDICAL LICENSES AND PERMITS, SO AS TO REQUIRE A LICENSE AND PERMIT FOR PROVIDING EMT FIRST RESPONSE OR AMBULANCE SERVICE RATHER THAN FOR TRANSPORTING PATIENTS; TO AMEND SECTION 44-61-90, RELATING TO AMBULANCE SERVICE RECORDS SO AS TO REQUIRE RECORDKEEPING OF PATIENT CARE RATHER THAN OF AMBULANCE RUNS; AND TO AMEND


Printed Page 1302 . . . . . Tuesday, March 26, 1996

SECTION 44-61-140, RELATING TO REQUIREMENTS FOR EXISTING RESCUE UNITS SO AS TO PROVIDE THAT IN PERFORMING THEIR FUNCTIONS THESE UNITS MAY NOT CONFLICT WITH LICENSED AGENCIES RATHER THAN WITH AMBULANCE SERVICES.

(R285) H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: AN ACT TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

(R286) H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.

(R287) H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R288) H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE


Printed Page 1303 . . . . . Tuesday, March 26, 1996

PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R289) H. 4581 -- Reps. J. Harris, Baxley and Jennings: AN ACT TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.

(R290) H. 4625 -- Reps. Phillips and McCraw: AN ACT TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1995-96 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS, AND 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.

(R291) H. 4626 -- Reps. Fleming and Wilder: AN ACT TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 9 AND 12, 1996, MISSED BY STUDENTS OF THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R292) H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: AN ACT TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION, REDUCE THE COMPOSITION OF THE COMMISSION FROM ELEVEN TO NINE MEMBERS DELETING


Printed Page 1304 . . . . . Tuesday, March 26, 1996

REPRESENTATIVES FROM THE TOWN OF LYMAN AND THE CITY OF MAULDIN, PROVIDE THAT THIS SECTION DOES NOT APPLY TO DWELLINGS OR OTHER BUILDINGS WHICH ARE DAMAGED OR DESTROYED AND WHICH ARE SUBSEQUENTLY REPAIRED OR REBUILT, AND PROVIDE THAT CURRENTLY SERVING MEMBERS OF THE COMMISSION SHALL CONTINUE TO SERVE UNTIL MARCH 31, 1996.

(R293) H. 4703 -- Rep. Harvin: AN ACT TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

(R294) H. 4721 -- Reps. Davenport and Littlejohn: AN ACT TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.

(R295) H. 4747 -- Rep. D. Smith: AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL 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.


Printed Page 1305 . . . . . Tuesday, March 26, 1996

LOCAL APPOINTMENTS

Confirmations

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

Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:
Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010

Having received a favorable report from the Barnwell County Delegation, the following appointments were confirmed in open session:

Reappointments, Barnwell County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:

Ms. Cecile Robinson, Post Office Box 1054, Barnwell, S.C. 29812

Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, S.C. 29853

ADJOURNMENT

At 1:10 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 1306 . . . . . Wednesday, March 27, 1996

Wednesday, March 27, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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, hear words recorded in the First Epistle of St. John, Chapter 5 (v. 14) (NRSV):

"And this is the boldness we have in

Him, that if we ask anything according

to His will, He hears us."
Let us pray.

Our Father, sometimes we are embarrassed with ourselves, and perhaps a little shocked, when we realize what kind of prayers we pray.

Forgive us if we sound as if we are frivolously begging, approaching selfish greed.

Help us to remember St. John's qualification:

"if we ask anything according

to His will, He hears us."

As we continue our deliberations, may we sublimate even the words of Socrates when he said:

"May we count the wise man only rich.

And may our store of gold be such

as none but the good can bear."

We do pray in the name of Him Who said: "Pray... give us this day our daily bread."

Amen.

Point of Quorum

Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator SETZLER moved that a Call of the Senate be made.

It was ascertained that a quorum was not present.


Printed Page 1307 . . . . . Wednesday, March 27, 1996

RECESS

At 11:10 A.M., on motion of Senator BRYAN, the Senate receded from business subject to the Call of the Chair.

At 11:12 A.M., the Senate resumed.

Call of the Senate

Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Fair                 Ford
Giese                Gregory              Hayes
Holland              Jackson              Land
Lander               Leventis             Martin
McConnell            McGill               Mescher
Moore                Passailaigue         Patterson
Peeler               Rankin               Richter
Rose                 Ryberg               Saleeby
Setzler              Smith, G.            Waldrep
Washington           Wilson               
A quorum being present, the Senate resumed.

Presence Recorded

Senators GLOVER, MATTHEWS, LEATHERMAN, RUSSELL, REESE and THOMAS recorded their presence subsequent to the Call of the Senate.

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


Printed Page 1308 . . . . . Wednesday, March 27, 1996

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1907
Promulgated by Department of Labor, Licensing, and Regulation
State Athletic Commission
Combative Sports
Received by Lt. Governor February 1, 1996
Referred to Senate General Committee
120 day review period expiration date May 31, 1996
Withdrawn and resubmitted March 26, 1996

Doctor of the Day

Senator ROSE introduced Dr. Dan Break of Charleston, S.C., Doctor of the Day.

Leave of Absence

At 11:25 A.M., Senator PATTERSON requested a leave of absence for the balance of the day.

Leave of Absence

At 11:25 A.M., Senator DRUMMOND requested a leave of absence from 11:30 A.M. - 1:30 P.M.

H. 3300--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., March 20, 1996

Mr. President and Senators:

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

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law,


Printed Page 1309 . . . . . Wednesday, March 27, 1996

Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
Very respectfully,
Speaker of the House

On motion of Senator HOLLAND, the Senate insisted upon its amendments to H. 3300 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators McCONNELL, COURTNEY and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., March 27, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 259, S. 804 by a vote of 0 to 5:

(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
Speaker of the House

Received as information.

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 1310 . . . . . Wednesday, March 27, 1996

CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.


| Printed Page 1290, Mar. 26 | Printed Page 1310, Mar. 27 |

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