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 1570, Apr. 9 | Printed Page 1590, Apr. 10 |

Printed Page 1580 . . . . . Wednesday, April 10, 1996

S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.

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

S. 1351 -- Senators Leventis, Moore, Alexander, Boan and Martin: A CONCURRENT RESOLUTION TO URGE THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), IN ITS REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE, TO THOROUGHLY EXAMINE ALL ASPECTS OF THE STANDARD, INCLUDING RETAINING THE EXISTING .12 STANDARD WITH APPROPRIATE REVISIONS, AND CAREFULLY EVALUATE THE POTENTIAL INCREMENTAL HEALTH IMPACTS AND ECONOMIC CONSEQUENCES ON STATES, LOCALITIES, SMALL AND LARGE BUSINESS, AND INDIVIDUAL CITIZENS; TO URGE FURTHER THAT THE STANDARD CHOSEN BY EPA SHOULD BE REASONABLE AND ACHIEVABLE AND ANY CHANGES MUST BE LOOKED AT IN THEIR ENTIRETY; AND TO URGE FINALLY THAT EPA IDENTIFY ANY UNFUNDED MANDATES OR OTHER ADMINISTRATIVE BURDENS FOR STATE OR LOCAL GOVERNMENTS OR AGENCIES THAT WOULD DERIVE FROM CHANGES TO THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE.

Senator LEVENTIS spoke on the Resolution.

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

S. 1352 -- Senator Holland: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 34 FROM UNITED STATES HIGHWAY 1 AT CAMDEN TO THE LEE COUNTY LINE


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THE 34TH INFANTRY DIVISION OF WORLD WAR II MEMORIAL HIGHWAY.

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

S. 1353 -- Senators Washington, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, 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, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, ACHIEVEMENTS, AND THE HUMAN SPIRIT OF SECRETARY RONALD H. BROWN, A MAGNIFICENT PERSON AND 30TH U.S. SECRETARY OF COMMERCE, AND TO REFLECT UPON WHAT SECRETARY BROWN MEANT TO HIS COUNTRY, THE PEOPLE OF THE UNITED STATES, AND THE WORLD.

Whereas, Ronald H. Brown was not only an outstanding Secretary of Commerce, but also a loving father and devoted husband; and

Whereas, Secretary Brown resided in Washington D.C. with his wife, Alma, and their children, Michael and Tracey, both of whom are respected attorneys; and

Whereas, Secretary Brown graduated from Middlebury College in Vermont; and

Whereas, Secretary Brown continued to feed his desire for knowledge by earning his Juris Doctorate at St. John's University; and

Whereas, Secretary Brown showed a tremendous amount of dedication and sacrifice as he attended law school at night while working as a welfare caseworker for the City of New York; and

Whereas, Secretary Brown was a former partner in the law firm of Patton, Boggs and Blow; and

Whereas, Secretary Brown was a member of the New York Bar, the District of Columbia Bar, and the United States Supreme Court Bar; and

Whereas, Secretary Brown served as chief counsel for the Senate Judiciary Committee; and

Whereas, Secretary Brown was the General Counsel and Vice President for Washington operations for the National Urban League; and

Whereas, Secretary Brown was a passionate advocate for the civil rights of all peoples of the world; and

Whereas, Secretary Brown was the first legislative chairman of the Leadership Conference on Civil Rights; and


Printed Page 1582 . . . . . Wednesday, April 10, 1996

Whereas, Secretary Brown served four years in the Army in both Germany and Korea; and

Whereas, Secretary Brown distinguished himself as a highly skilled and extraordinary leader as Chairman of the Democratic National Committee where he united the many factions of a splintered party and spearheaded the successful quest for the White House; and

Whereas, Secretary Brown also served on President Clinton's National Economic Council, Domestic Policy Council, Task Force on National Health Care Reform, and Council on Sustainable Development; and

Whereas, Secretary Brown also chaired the 19-agency Trade Promotion Coordinating Committee and the National Information Infrastructure Task Force; and

Whereas, Secretary Brown was sworn in as the 30th Secretary of Commerce on January 22, 1993; and

Whereas, Secretary Brown was a pioneer in that he was the first African-American to head this major cabinet post; and

Whereas, Secretary Brown's zeal for service and exceptional abilities allowed him to transform the Department of Commerce into a powerful catalyst for American economic might both at home and abroad; and

Whereas, Secretary Brown, through his tireless efforts and boundless energy, became one of the most prolific secretaries of commerce in the history of the post, heading trade development missions to five continents, re-establishing the American economy as the most productive economy on earth, boosting U.S. exports to a record high, and enabling the creation of millions of jobs during the first three years of the Clinton Administration through the use of American exports and technology; and

Whereas, Secretary Brown was a powerful advocate for and believer in the mission of the Department of Commerce to ensure economic opportunity for all Americans and provide a voice for business in the cabinet; and

Whereas, Secretary Brown was devoted to the cause of diversity and utilized his position in the Department of Commerce to promote this end; and

Whereas, Secretary Brown's life was suddenly and tragically extinguished on April 3, 1996, on the last leg of a successful worldwide trade mission. Now, therefore,

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

That the members of the General Assembly commemorate the life, achievements, and the human spirit of Secretary Ronald H. Brown, a magnificent person and 30th U.S. Secretary of Commerce, and reflect


Printed Page 1583 . . . . . Wednesday, April 10, 1996

upon what Secretary Brown meant to his country, the people of the United States, and the world.

Be it further resolved that a copy of this resolution be forwarded to the family of Secretary Ronald H. Brown.

Senator WASHINGTON spoke on the Concurrent Resolution.

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

H. 4879 -- Rep. Tucker: A CONCURRENT RESOLUTION DECLARING FRIDAY, APRIL 19, 1996, AS "SOUTH CAROLINA HOSPITAL ASSOCIATION DAY".

Whereas, the South Carolina Hospital Association has spent the past seventy-five years working to sustain and improve the health status of the state's citizens while addressing the problems of access and cost; and

Whereas, the South Carolina Hospital Association is committed to working with other health care professionals, community leaders, elected officials, educators, religious leaders, and employers to create better, healthier, safer communities; and

Whereas, the South Carolina Hospital Association strives to help the state's communities make the transition from a model of acute, episodic care to one which embraces wellness, education, and prevention; and

Whereas, South Carolina's hospitals and health systems have an enormous impact on the economic health of their communities, often serving as their areas' largest employers; and

Whereas, the South Carolina Hospital Association has served as an invaluable forum for a host of issues critical to the state's hospitals and health systems; and

Whereas, the South Carolina Hospital Association has led the way in introducing new ideas and critically needed services to the State, such as a statewide Emergency Medical Service system, including standardized training and certification programs for EMS technicians. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, declares Friday, April 19, 1996, as "South Carolina Hospital Association Day."

Be it further resolved that a copy of this resolution be forwarded to Mr. Jay Cox, Chairman, South Carolina Hospital Association, PO Box 6009, West Columbia, South Carolina 29171.

Referred to the Committee on Invitations.


Printed Page 1584 . . . . . Wednesday, April 10, 1996

H. 4881 -- Reps. Spearman, Allison and Wells: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 1996, AND FRIDAY, JUNE 14, 1996.

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

That the Palmetto Girls State is authorized to use the Chamber of the Senate and the Chamber of the House of Representatives on Thursday, June 13, 1996, from 9:00 a.m. to 12:30 p.m., and on Friday, June 14, 1996, from 2:00 p.m. to 4:30 p.m. for its annual legislative day activity. If either house is in statewide session, the chamber of that House may not be used. If the renovation to the State House or the relocation of the personnel to the Carolina Plaza renders either or both of these locations unsuitable in the judgment of the Clerks of the Senate and the House of Representatives, the unsuitable location may not be used. In that case, the clerks shall make an effort to fully accommodate the participants in the Gressette and Blatt buildings.

Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

Referred to the Committee on Invitations.

H. 4903 -- Rep. McMahand: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN EDUCATION AND COMMUNITY SERVICE OF MRS. DAISY B. ALEXANDER OF CAMDEN IN KERSHAW COUNTY.

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

H. 4323 -- Reps. Knotts, Kinon, Lanford, Littlejohn, Keyserling, Haskins, Vaughn, Riser, Law and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND


Printed Page 1585 . . . . . Wednesday, April 10, 1996

FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

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

REPORTS OF STANDING COMMITTEES

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

Ordered for consideration tomorrow.


Printed Page 1586 . . . . . Wednesday, April 10, 1996

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:

S. 1151 -- Senators Fair and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

Ordered for consideration tomorrow.

Senator BOAN from the Committee on Medical Affairs submitted a favorable report on:

S. 1313 -- Senators Boan, Thomas and Alexander: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.

Ordered for consideration tomorrow.


Printed Page 1587 . . . . . Wednesday, April 10, 1996

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH


Printed Page 1588 . . . . . Wednesday, April 10, 1996

AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

Ordered for consideration tomorrow and placed on the Second Reading Calendar pursuant to the provisions of Rule 27D.

Senator ALEXANDER from the Committee on Medical Affairs submitted a favorable report on:

H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND


Printed Page 1589 . . . . . Wednesday, April 10, 1996

TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:


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