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 1740, Apr. 17 | Printed Page 1760, Apr. 18 |
Printed Page 1750 . . . . . Wednesday, April 17, 1996
LOCAL APPOINTMENTS

Confirmations

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

Initial Appointment, Georgetown County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:

Honorable Benjamin H. Culbertson, Post Office Box 943, Georgetown, S.C. 29442 VICE Jack Scoville

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

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Ms. Elizabeth R. Cromer, 3817 Barwick Street, Columbia, S.C. 29205

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lyle Christian from Rock Hill, S.C.

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Thursday, that it stand adjourned to meet on Friday, April 19, 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 adjourns on Friday, that it stand adjourned to meet next Tuesday, April 23, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 1:06 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 1751 . . . . . Thursday, April 18, 1996
Thursday, April 18, 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 HOLLAND.

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

Message from the House

Columbia, S.C., April 17, 1996

Mr. President and Senators:

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

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 IMPOSITION OF CERTAIN CRIMINAL PENALTIES, 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; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Printed Page 1752 . . . . . Thursday, April 18, 1996
Message from the House

Columbia, S.C., April 17, 1996

Mr. President and Senators:

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

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 17, 1996

Mr. President and Senators:

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

H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT

Printed Page 1753 . . . . . Thursday, April 18, 1996
BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 17, 1996

Mr. President and Senators:

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

H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: 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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1369 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE MILEY CHURCH OF GOD'S OUTSTANDING

Printed Page 1754 . . . . . Thursday, April 18, 1996
ACCOMPLISHMENT OF BECOMING DEBT-FREE AND CELEBRATING THEIR MORTGAGE RETIREMENT.

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

S. 1370 -- Senator Matthews: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY BULLDOGS MEN'S BASKETBALL TEAM FOR AN EXCEPTIONAL SEASON AND FOR THEIR OUTSTANDING EFFORT IN THE NCAA TOURNAMENT.

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

S. 1371 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE KENNY SMITH BASKETBALL CAMP AND THOSE WHO MAKE ITS EXISTENCE POSSIBLE, AND TO THANK ITS SUPPORTERS FOR THEIR EFFORTS IN PROTECTING OUR CHILDREN, OUR MOST PRECIOUS RESOURCE.

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

S. 1372 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270, SO AS TO PROVIDE FOR REFERENDA TO ALTER THE BUDGETARY POWERS FOR THE METHOD OF ELECTION OF GOVERNING BODIES OF SPECIAL PURPOSE DISTRICTS.

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

S. 1373 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-215 SO AS TO REQUIRE PERSONS TO UNDERGO PREMARITAL COUNSELING BEFORE A MARRIAGE LICENSE CAN BE ISSUED; AND TO AMEND SECTION 20-1-230, AS AMENDED, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO INCLUDE IN THE REQUIRED OATH A STATEMENT THAT THE PERSONS ATTENDED PREMARITAL COUNSELING.

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

S. 1374 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13 SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE

Printed Page 1755 . . . . . Thursday, April 18, 1996
1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NON-GOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.

Read the first time and referred to the Committee on Corrections and Penology.

S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR AN EXECUTIVE DIRECTOR OF THE COUNTY BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

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

Printed Page 1756 . . . . . Thursday, April 18, 1996
Ordered to a Second Reading

On motion of Senator MATTHEWS, S. 1375 was ordered to receive a second reading with notice of general amendments on the next consecutive legislative day.

H. 4926 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME DUTCHMAN'S CREEK BRIDGE AT LAKE WATEREE IN FAIRFIELD COUNTY IN HONOR OF THE LATE JAMES H. "MAC" MCSWAIN.

Whereas, the late James H. "Mac" McSwain was a widely respected member of the Lake Wateree community, an active member of the Lake Wateree Homeowners Association, one of the founders of the Dutchman Creek Fire Department and an active Red Cross volunteer who gave so much to his community, county, and State; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding South Carolinian if the Department of Transportation were to name Dutchman's Creek Bridge at Lake Wateree in his honor. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name Dutchman's Creek Bridge at Lake Wateree in honor of the late James H. "Mac" McSwain and to erect appropriate markers reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

H. 4937 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A CERTAIN HIGHWAY IN FAIRFIELD COUNTY IN HONOR OF BENJAMIN F. HORNSBY, A DISTINGUISHED BUSINESS AND CIVIC LEADER OF FAIRFIELD COUNTY AND A FORMER MEMBER OF THE SOUTH CAROLINA GENERAL ASSEMBLY.

Whereas, the Honorable Benjamin F. Hornsby was a widely respected business and civic leader in Fairfield County who also served with great distinction as a member of the South Carolina General Assembly in the Senate from 1961-1964 and in the House of Representatives from 1973-1982; and

Printed Page 1757 . . . . . Thursday, April 18, 1996
Whereas, the members of the General Assembly believe that it would be a fitting tribute to this outstanding South Carolinian if the Department of Transportation were to name a particular highway in Fairfield County in his honor. Now, therefore,

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

That the members of the General Assembly hereby request the Department of Transportation to name Highway 269 in Fairfield County from the Highway 321 intersection through the Greenbrier and Rion communities to the Richland/Fairfield County line in honor of Benjamin F. Hornsby and to erect appropriate markers reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

H. 4952 -- Rep. Hodges: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 160 IN LANCASTER COUNTY AS THE "JOHN D. PATTERSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Whereas, to honor the memory of the late John D. Patterson, community leader in Lancaster County, it is fitting that the portion of South Carolina Highway 160 in Lancaster County from its interchange with U.S. Highway 521 to the York County line be designated the "John D. Patterson Memorial Highway" and that appropriate markers or signs be erected. 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, requests the Department of Transportation to designate the above-described portion of South Carolina Highway 160 in Lancaster County as the "John D. Patterson Memorial Highway" and to erect appropriate signs or markers reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

H. 4960 -- Reps. J. Brown, Byrd, Cotty, Cromer, Harrison, Howard, Neal, Quinn, Rogers, Scott and Shissias: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE

Printed Page 1758 . . . . . Thursday, April 18, 1996
MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF SOUTH CAROLINA ETV HOST AND RADIO BROADCASTER LISTERVELT MIDDLETON OF BLYTHEWOOD AND EXTENDING DEEPEST SYMPATHY TO THE FAMILY AND MANY FRIENDS.

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

H. 4835 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Sandifer, Marchbanks, Rice, Haskins, Trotter and Harrell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM AD VALOREM TAXES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT" FOR "BOATS", TO PROVIDE THE MAXIMUM ASSESSMENT FOR WATERCRAFT THAT ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE AN AD VALOREM TAX EXEMPTION FOR WATERCRAFT TRAILERS; TO AMEND SECTION 12-37-252, RELATING TO THE CLASSIFICATION AND ASSESSMENT OF PROPERTY QUALIFYING FOR EXEMPTION UNDER SECTION 12-37-250, SO AS TO PROVIDE THAT A PERSON QUALIFYING FOR THIS EXEMPTION ALSO MAY QUALIFY FOR A HOMESTEAD EXEMPT TAX REFUND; TO AMEND SECTION 12-37-275, RELATING TO THE DATE FOR SUBMISSION FOR REQUESTS FOR REIMBURSEMENT FOR CERTAIN UNCOLLECTED TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF ACCOUNTS COVERED BY THIS PROVISION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR PAYMENT OF PROPERTY TAXES, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND ADJUSTMENTS IN CERTAIN ALLOWANCES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT AND AIRCRAFT" FOR "BOATS AND AIRPLANES" AND TO PROVIDE THAT THIS PROVISION APPLIES TO CERTAIN WATERCRAFT AND AIRCRAFT; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO THE CONDUCTING OF CERTAIN PROPERTY REASSESSMENTS, SO AS TO REVISE THE REASSESSMENT PERIOD; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CERTAIN ASSESSMENT RATIOS FOR PROPERTY SUBJECT TO AD VALOREM TAXATION, PROCEDURES FOR

Printed Page 1759 . . . . . Thursday, April 18, 1996
CLAIMING CERTAIN AD VALOREM TAXATION CLASSIFICATIONS AND THE ROLL-BACK OF CERTAIN TAXES, SO AS TO PROVIDE CERTAIN TECHNICAL CHANGES, THAT A TAXPAYER MAY RECEIVE THE FOUR PERCENT ASSESSMENT ON ONE RESIDENCE FOR ANY TAX YEAR, AND THAT STANDING TIMBER WILL NOT BE USED IN DETERMINING FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO EXECUTION COSTS, THE LEVY OF A WARRANT OR EXECUTION, A NOTICE OF DELINQUENT TAXES, SEIZURE OF PROPERTY, AND AN ADVERTISEMENT OF SALE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-51-55, RELATING TO THE REQUIRED BID ON BEHALF OF FORFEITED LAND COMMISSION WHEN PROPERTY IS SOLD FOR NONPAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THE PROCEDURE FOR DISPOSING OF CONTAMINATED REAL PROPERTY; TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO REVISE THE DATE WHEN TAX ASSESSMENT NOTICES MUST BE MAILED, AND TO ELIMINATE CERTAIN INFORMATION FROM A PROPERTY TAX ASSESSMENT NOTICE; TO AMEND SECTION 12-60-2910, RELATING TO A REQUEST TO MEET WITH AN AUDITOR REGARDING A PERSONAL PROPERTY TAX ASSESSMENT, AND A WRITTEN PROTEST FOLLOWING THE MEETING, SO AS TO REVISE THE PERIOD WHEN A PERSON MAY MEET WITH AN AUDITOR.

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

H. 4895 -- Reps. Keyserling, Richardson, McTeer and Lloyd: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS FOR THE BEAUFORT COUNTY BOARD OF DISABILITIES AND SPECIAL NEEDS, BEAUFORT COUNTY VETERAN'S AFFAIRS OFFICER, AND THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION TO THE GOVERNING BODY OF BEAUFORT COUNTY.

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

H. 4910 -- Reps. Sandifer, Cain and Chamblee: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE

Printed Page 1760 . . . . . Thursday, April 18, 1996
TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.

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

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