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 1660, Apr. 10 | Printed Page 1680, Apr. 16 |

Printed Page 1670 . . . . . Thursday, April 11, 1996

Thursday, April 11, 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 ACTING PRESIDENT, Senator WALDREP.

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

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1905
Promulgated by Commission on Higher Education
Determination of Rates of Tuition and Fees
Received by Lt. Governor January 10, 1996
Referred to Senate Committee on Education
120 day review expiration date May 10, 1996
Withdrawn and resubmitted April 11, 1996

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2033
Promulgated by Department of Health and Human Services
Definitions and Appeal Procedure
Received by Lt. Governor April 4, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 2, 1996

Message from the House

Columbia, S.C., April 11, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the following:


Printed Page 1671 . . . . . Thursday, April 11, 1996

LOCAL APPOINTMENT

Reappointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:

Honorable Daniel F. Pieper, Post Office Box 877, Goose Creek, S.C. 29445-0877

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1354 -- Senators Thomas and Wilson: A SENATE RESOLUTION CONGRATULATING GENESIS MOTORSPORTS-PREPARED TEAM SOUTH CAROLINA ON ITS SUCCESS IN THE INTERNATIONAL MOTOR SPORTS ASSOCIATION ENDURANCE CHAMPIONSHIP COMPETITION AND WISHING IT SUCCESS IN ALL FUTURE COMPETITIONS.

The Senate Resolution was adopted.

S. 1355 -- Senators Alexander, Courtney, Russell, McConnell, Elliott, Boan and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-270 SO AS TO PROHIBIT A PHYSICAL THERAPIST OR A PHYSICAL THERAPIST ASSISTANT FROM BEING PAID A BENEFIT FROM A THIRD PARTY PAYER; AND TO AMEND SECTION 40-45-20, SECTION 40-45-200, AS AMENDED, AND SECTION 40-45-220, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.

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

S. 1356 -- Senator Giese: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.

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


Printed Page 1672 . . . . . Thursday, April 11, 1996

H. 4904 -- Reps. Cromer, Harrison, Quinn, Cotty, Shissias, Rogers, Howard, Scott, Neal, Byrd and J. Brown: A CONCURRENT RESOLUTION COMMENDING AND THANKING THOMAS S. LINTON OF COLUMBIA FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS MEMBER AND CHAIRMAN OF THE RICHLAND COUNTY RECREATION COMMISSION.

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

H. 4907 -- Reps. Byrd, Cobb-Hunter, Kennedy, Lloyd, Inabinett, H. Brown, Cromer, Townsend, Scott, Rogers, Neal, Howard, J. Brown, Harrison, Shissias, Quinn, Cotty, Chamblee, Moody-Lawrence, Williams, Harvin, Stille, Askins, McAbee and Wofford: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EDWIN ROBERTS RUSSELL OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.

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

H. 4811 -- Reps. Canty, Anderson, Cromer, S. Whipper, Breeland, Cobb-Hunter, Neal, Rogers, Cave, McMahand, L. Whipper, Lloyd, Inabinett, J. Hines, Byrd, Scott and Williams: A JOINT RESOLUTION TO CREATE THE COMMITTEE FOR IMPROVED RACE


Printed Page 1673 . . . . . Thursday, April 11, 1996

RELATIONS, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, AND SPECIFICALLY TO REQUIRE THE COMMITTEE TO SUBMIT TO THE GENERAL ASSEMBLY BY MAY 13, 1996, RECOMMENDATIONS TO ALLEVIATE RACIAL PROBLEMS AND TENSIONS IN SOUTH CAROLINA AT WHICH TIME THE COMMITTEE IS DISSOLVED.

Read the first time and referred to the General Committee.

REPORTS OF STANDING COMMITTEES

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

S. 660 -- Senators Cork and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

Ordered for consideration tomorrow.

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

S. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.

Ordered for consideration tomorrow.


Printed Page 1674 . . . . . Thursday, April 11, 1996

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

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.

Ordered for consideration tomorrow.

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


Printed Page 1675 . . . . . Thursday, April 11, 1996

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.

(By prior motion of Senator McCONNELL, with unanimous consent)

Time Fixed

By prior motion of Senator DRUMMOND on Wednesday, April 10, 1996, the Senate agreed that when the Senate adjourns today in statewide session, it stand adjourned to reconvene on Friday, April 12, 1996, at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Friday, that it stand adjourned to reconvene next Tuesday, April 16, 1996, at 12:00 Noon.

ADJOURNMENT

At 12:30 P.M., on motion of Senator MESCHER, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *


Printed Page 1676 . . . . . Friday, April 12, 1996

Friday, April 12, 1996

(Local 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 ACTING PRESIDENT, Senator RYBERG.

Time Fixed

Senator SETZLER moved that when the Senate adjourns on Friday, April 12, 1996, it stand adjourned to meet next Tuesday, April 16, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:05 A.M., on motion of Senator SETZLER, the Senate adjourned to meet next Tuesday, April 16, 1996, at 12:00 Noon.

* * *


Printed Page 1677 . . . . . Tuesday, April 16, 1996

Tuesday, April 16, 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, in the Book of Proverbs, Chapter 4 (v. 23), the wise man said:

"Keep your heart with all vigilance,

For from it flow the springs of life."
Let us pray.

Heavenly Father, we know that the Hebrew language is a picture language, but it is stimulating to think of "springs of life" flowing out of our hearts.

You have joined eternity and time in the human soul.

We marvel at the mystery of how You have shaped the times of our lives in specific moments, each when gone shall never return.

Help us to pack fulfillment and achievement into the moments You will give us today.

Help us to bring the distillation of the wisdom of the past to bear upon the solution of our modern problems, as we pray in the words of John Wesley in 1762:

"To serve the present age,

Our calling to fulfill;

O may it all our powers engage

To do our Master's will!"

Amen.

Point of Quorum

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

Call of the Senate

Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Gregory              Holland              Land
Leatherman           Leventis             Martin

Printed Page 1678 . . . . . Tuesday, April 16, 1996

Matthews             McConnell            Moore
Peeler               Ryberg               Saleeby
Smith, G.            Smith, J.V.          Thomas
It was ascertained that a quorum was not present.
Motion Adopted
On motion of Senator MOORE, with unanimous consent, leave was granted to Senators HOLLAND, McCONNELL, MATTHEWS and SALEEBY to attend a meeting of the subcommittee on reapportionment.
RECESS
At 12:08 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until a quorum was present.
Presence Recorded
Senators FAIR, FORD, GIESE, GLOVER, HAYES, JACKSON, LANDER, McGILL, MESCHER, O'DELL, PASSAILAIGUE, PATTERSON, REESE, RICHTER, ROSE, RUSSELL, SETZLER, SHORT, WALDREP, WASHINGTON and WILSON recorded their presence subsequent to the Call of the Senate.
A quorum being present, the Senate resumed.

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

March 18, 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


Printed Page 1679 . . . . . Tuesday, April 16, 1996

Local Appointment

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

Mr. Scott D. Whittle, 4601 Fish Hatchery Road, Gaston, S.C. 29053

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 26, 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

Reappointment, Juvenile Parole Board, with term to commence June 30, 1996, and to expire June 30, 2000:

1st Congressional District:

Ms. Terrye C. Seckinger, 6 Wills Way, Isle of Palms, S.C. 29451

Referred to the Committee on Corrections and Penology.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 1, 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


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