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 1450 . . . . . Tuesday, April 2, 1996
(B) The provisions of this section apply to polls conducted at any time during the period beginning six months prior to the general election.
(C) The text of a poll and the name of the person or persons who conducted and/or who authorized, donated, or paid for and/or sponsored the poll must be filed with the State Election Commission on the next regular working day of the commission after the poll is initiated. However, if the poll is initiated seven days or less before the election, the text of the poll and the name of the person or persons who conducted and/or who authorized, donated, or paid for and/or sponsored the poll must be filed with the commission before the poll is initiated."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator MOORE explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 1269 -- Senator Rose: A BILL TO AMEND SECTION 41-25-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO PROVIDE FOR DISCRETION ON THE PART OF THE SECRETARY OF STATE IN DETERMINING WHETHER TO RENEW THE LICENSE OF A PRIVATE PERSONNEL AGENCY WHEN THE LICENSEE FAILS TO APPLY FOR RENEWAL OF THE LICENSE WITHIN THE STATUTORY DEADLINE.

S. 1269--Ordered to a Third Reading

On motion of Senator ROSE, with unanimous consent, S. 1269 was ordered to receive a third reading on Wednesday, April 3, 1996.

AMENDED, READ THE SECOND TIME

S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE REMAINING AMOUNT OF THE LOAN APPROVED BY THE STATE TREASURER AND EXECUTED ON BEHALF OF THE CITY OF CHARLESTON THROUGH THE PATRIOT'S POINT DEVELOPMENT AUTHORITY FROM FUNDS

Printed Page 1451 . . . . . Tuesday, April 2, 1996
MADE AVAILABLE PURSUANT TO SECTION 51-13-860, EQUAL TO FOUR HUNDRED THOUSAND DOLLARS, MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER.

Senator PASSAILAIGUE asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.

Senator LEATHERMAN proposed the following amendment (1190R001.HKL), which was adopted:

Amend the resolution, as and if amended, page 1, striking SECTION I in its entirety and inserting:

/SECTION 1. Notwithstanding the provisions of Joint Resolution 586 of 1994, time for the City of Charleston to repay the remaining balance due the State pursuant to that joint resolution is extended. The balance due of $400,000 must be repaid over a period not less than three years in three equal annual installments with the first payment due no later than June 30, 1997. All payments must be deducted directly from the Aid to Subdivisions allocation due the city. All other conditions on the making and repayment of this loan provided in Joint Resolution 586 of 1994 apply with respect to this extended repayment period. It is the intent of the General Assembly that no part of the loan be further renegotiated, revisited, or forgiven./

Renumber sections to conform.

Amend totals and title to conform.

Senator LEATHERMAN explained the amendment.

There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.

S. 1190--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, S. 1190 was ordered to receive a third reading on Wednesday, April 3, 1996.

Printed Page 1452 . . . . . Tuesday, April 2, 1996
AMENDED, READ THE SECOND TIME

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD3517.001), which was adopted:

Amend the bill, as and if amended, page 4, beginning on line 1, by striking SECTION 6 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

Printed Page 1453 . . . . . Tuesday, April 2, 1996
AMENDED, READ THE SECOND TIME

H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (PT\2378DW.96), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 50-17-357. (A) No individual or corporation may import molluscan shellfish, shellfish tissues, or shells into this State for the purpose of placing them in natural waters or waters connected to natural waters except under the provisions of a shellfish importation permit issued by the department nor may any individual or corporation place any imported molluscan shellfish, shellfish tissues, or shells in natural waters or waters connected to natural waters without a shellfish importation permit issued by the department.

(B) The department may issue permits to individuals or corporations to import molluscan shellfish, shellfish tissues, or shells into South Carolina for commercial or experimental purposes or to place such imported molluscan shellfish, shellfish tissues, or shells into natural waters or water connected to natural waters, or both. Before issuing a permit, the department may consider other permits previously issued by the department and other provisions of Title 50. Permits may include conditions related to:

(1) the type or species of mollusks to be imported;

(2) the structure and placement of holding or storage facilities;

(3) the placement of the product in natural waters of the State;

(4) the disposal of shellfish, shellfish parts, and associated biota;

(5) reporting requirements;

(6) cleanup, removal, or disposal of imported shellfish or any other corrective action deemed necessary by the department resulting from improper, unapproved, or illegal actions by the permittee; and

(7) the inspection or testing of shellfish with respect to disease, parasites, or associated biota.

Printed Page 1454 . . . . . Tuesday, April 2, 1996
(C) An individual or corporation who imports molluscan shellfish, shellfish tissues, or shells for a commercial or experimental purpose to place in natural waters or waters connected to natural waters or an individual or corporation who places imported molluscan shellfish, shellfish tissues, or shells in natural waters or waters connected to natural waters without being properly permitted, or both or who fails to meet the conditions of a permit is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days. The department may revoke a permit issued under this section if a condition of that permit is violated. The department may require an individual or corporation convicted of a violation of this section to correct damages to the marine resource as determined by the department or pay the department for all costs associated with cleanup or corrective actions resulting from the violator's actions."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

RECOMMITTED

S. 963 -- Senators Passailaigue, McGill, O'Dell, Richter, Short, Rose and McConnell: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

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

There was no objection.

Printed Page 1455 . . . . . Tuesday, April 2, 1996
On motion of Senator PASSAILAIGUE, the Bill was recommitted to the Committee on Finance.

ADOPTED

H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.

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

CARRIED OVER

S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

On motion of Senator LEATHERMAN, the Bill was carried over.

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

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 1195--Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF

Printed Page 1456 . . . . . Tuesday, April 2, 1996
THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 1

Senators McCONNELL and FORD proposed the following Amendment No. 1 (1195R003.GFM):

Amend the bill, as and if amended, by adding the following appropriately numbered new SECTION to read:

/SECTION __. Chapter 103, Title 59 of the 1976 Code is amended by adding:

"Section 59-103-115. No institution of higher learning may lease or sell to a private for-profit or not-for-profit organization its hospitals and administrative buildings without approval of the General Assembly after a hearing and recommendation from the Commission on Higher Education."/

Amend title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment.

Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.

Parliamentary Inquiry

Senator SETZLER made a Parliamentary Inquiry as to whether or not Senator McCONNELL would retain the floor if the Senate stood adjourned.

The PRESIDENT stated that the motion by Senator DRUMMOND required unanimous consent inasmuch as Senator McCONNELL had the

Printed Page 1457 . . . . . Tuesday, April 2, 1996
floor when the motion was made; however, for a member to retain the floor when a motion is made, the motion must clearly state that the member holding the floor is to retain the floor at the time the unanimous consent is made.

Senator MOORE asked unanimous consent to suspend consideration of the motion by Senator DRUMMOND and to make a motion pertaining to H. 3624.

There was no objection.

MADE SPECIAL ORDER

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

Senator MOORE asked unanimous consent to suspend consideration of S. 1195 and, on behalf of the Chairmen's Committee, make a motion to make H. 3624 a Special Order.

The Bill, H. 3624, was made a Special Order.

CONSIDERATION OF S. 1195 RESUMED

The Senate resumed consideration of S. 1195. The question being the adoption of Amendment No. 1 (1195R003.GFM) proposed by Senator McCONNELL.

Senator McCONNELL continued arguing in favor of the adoption of the amendment.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator McCONNELL retaining the floor.

Printed Page 1458 . . . . . Tuesday, April 2, 1996
LOCAL APPOINTMENTS

Confirmations

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

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

Mr. Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649

Mr. Joseph T. Ligon, Post Office Box 3084, Greenwood, S.C. 29648-3084

MOTION ADOPTED

On motion of Senator MATTHEWS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Brenda Jones, News and Public Affairs Director of WWDM-FM Radio in Columbia, S.C.

ADJOURNMENT

At 1:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 1459 . . . . . Wednesday, April 3, 1996
Wednesday, April 3, 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, today and tomorrow I shall read portions of the Messianic 53 Chapter of Isaiah. Today beginning at verse 3:

"He was despised and rejected by others;

A man of suffering and acquainted with

infirmity,

And as one from whom others hide their

faces

He was despised, and we held him

of no account."
Let us pray.

Almighty God, we marvel at how the coming of the Messiah into the world was so revealed in the Old Testament at least eight centuries before the birth of Jesus Christ.

We view with awe the gathering of the twelve at supper on the night before He was crucified. He predicted that one among them would betray Him.

We confess that we feel among those who asked, "Lord is it I?"

Grant, O Lord, that throughout all Christendom there may be in time a new birth of faith, and that the Spirit of our Living Lord may rule in the hearts of us all that even we may have a part in the new world order... known by Jesus as the Kingdom of God.

Amen.

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

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