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 1810, Apr. 23 | Printed Page 1830, Apr. 24 |

Printed Page 1820 . . . . . Tuesday, April 23, 1996

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

The Banking and Insurance Committee proposed the following amendment (1305MLP.GFM), which was adopted:

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

/SECTION ____. Section 38-75-310 of the 1976 Code, as last amended by Act 504 of 1994, is further amended by adding:

"(7) `Seacoast area' means all areas within Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper counties."/

Amend further by adding an appropriately numbered SECTION to read:

/SECTION __. Section 38-73-910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:

"However, a private insurer licensed to underwrite essential property insurance as defined by Section 38-75-310(1), notwithstanding any limitations included within this title, may file and use, pursuant to the provisions of Section 38-73-1095, any rates which result in insurance premium rates of ninety percent, or less, of the insurance premium rates then approved for the South Carolina Wind and Hail Underwriting Association which result in an insurance premium increase for any policyholder situated within a coastal area of South Carolina as defined by Section 38-75-310(5) not more than once in any six-month period."/

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 1821 . . . . . Tuesday, April 23, 1996

AMENDED, READ THE SECOND TIME

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

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 (JUD3140.001), which was adopted:

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

/SECTION 1. Section 7-13-1640 of the 1976 Code is amended to read:

"Section 7-13-1640. (A) Any kind or type of voting machine may be approved by the State Board of Voting Machine Commissioners which is so constructed as to fulfill the following requirements. It shall:

(1) provide facilities for voting for all candidates of as many political parties or organizations as may make nominations of candidates at any election, for or against as many questions as may be submitted at any election, and, at all general or special elections, permit the voter to vote for all of the candidates of one party or in part for the candidates of one or more parties;

(2) permit the voter to vote for as many persons for any office as he is lawfully entitled to vote for, but no more;

(3) prevent the voter from voting for the same person more than once for the same office;

(4) permit the voter to vote for or against any question he may have the right to vote on, but no other;

(5) if used at a primary election, be so equipped that all rows except those of the voter's party can be locked out by the managers of election by means of an adjustment on the outside of the machine;

(6) correctly register or record and accurately count all votes cast for any and all candidates and for or against all questions;

(7) be provided with a `protective counter' or `protective device' whereby any operation of the machine before or after the election will be detected;


Printed Page 1822 . . . . . Tuesday, April 23, 1996

(8) be provided with a counter which shall show shows at all times during an election how many persons have voted;

(9) be provided with either an illustration or a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters; and

(10) Insure ensure voting in absolute secrecy.

(B) Any such kind or type of A machine shall must be provided with a device for each party and for each nomination by petition for voting for presidential and vice-presidential candidates in one operation and listing the candidates by name and by party or indicating the candidate is nominated by petition."

SECTION 2. Section 7-13-1810 of the 1976 Code is amended to read:

"Section 7-13-1810. For the instruction of voters on any election day, there shall be provided for each polling place either an illustration or a mechanically operated model of a portion of the face of the machine. Such The illustration or model shall be located on the table of one of the managers or in some other place accessible to the voters. Each voter so desiring shall, before entering the machine, be instructed regarding its operation and such instruction illustrated on either the illustration or the model and the voter given an opportunity personally to operate the model. The voter's attention may also be called to the diagram of the face of the machine so that the voter may become familiar with the location of the questions and names of the offices and candidates."

SECTION 3. This act takes effect upon approval by the Governor./

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.

AMENDED, READ THE SECOND TIME

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.


Printed Page 1823 . . . . . Tuesday, April 23, 1996

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

Senator SALEEBY proposed the following amendment (PT\2452JM.96), which was adopted:

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

/SECTION . Section 34-3-320 of the 1976 Code is amended to read:

"Section 34-3-320. The State Board of Financial Institutions shall fix the examination fees of banks and savings and loan associations on a scale which will yield sufficient revenue to defray the entire expense of examinations for each bank and savings and loan association. Provided, that the board shall make at least one examination every eighteen twenty-four months of all banks and savings and loan associations."/

Renumber sections to conform.

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

H. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.

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 (JUD4801.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 28, in Section 8-13-1356(A), as contained in SECTION 1, by striking subsection (A) in its entirety and inserting therein the following:


Printed Page 1824 . . . . . Tuesday, April 23, 1996

/"(A) This section applies does not apply to a person public official who has not filed a current disclosure statement for the calendar year as a public official under Section 8-13-1110 on file with the appropriate supervisory office pursuant to Sections 8-13-1110 or 8-13-1140."/

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.

ADOPTED

H. 4792 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1996, "WORKERS MEMORIAL DAY".

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

ADOPTED

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

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

ADOPTED

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.

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

CARRIED OVER

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


Printed Page 1825 . . . . . Tuesday, April 23, 1996

THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.

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

H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DRUMMOND, the Resolution was carried over.

S. 1298 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1340, SO AS TO PROVIDE THAT ALL VOTE RECORDER VOTING SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT ALL VOTING MACHINE SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION.

Senator COURTNEY explained the Bill.

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

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

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


Printed Page 1826 . . . . . Tuesday, April 23, 1996

H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.

On motion of Senator MOORE, the Resolution was carried over.

READ THE THIRD TIME

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.

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

There was no objection.

The Bill was read the third time, ordered sent to the House.

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

DEBATE INTERRUPTED

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.


Printed Page 1827 . . . . . Tuesday, April 23, 1996

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senator MOORE explained the amendment.

With Senator MOORE retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.

Debate was interrupted by adjournment with Senator MOORE retaining the floor.

LOCAL APPOINTMENTS

Confirmations

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

Reappointments, Georgetown County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable William Paul Moeller, Post Office Box 859, Murrells Inlet, S.C. 29576

Honorable Benjamin F. Dunn, Post Office Box 44, Andrews, S.C. 29510

Honorable Hughey Walker, 6897 Pleasant Hill Road, Hemingway, S.C. 29554

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

Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Honorable Wilbert S. Motley, Post Office Box 681, Cheraw, S.C. 29520 VICE Betty M. Harris (resigned)

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

Initial Appointments, Charleston County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Mary B. Holmes, Post Office Box 237, Hollywood, S.C. 29449 VICE Kenneth L. Edwards


Printed Page 1828 . . . . . Tuesday, April 23, 1996

Ms. Frances L. Cain-Lofton, 729 Morrison Street, McClellanville, S.C. 29458 VICE Priscilla B. Baldwin (for this seat only)

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

Honorable Priscilla B. Baldwin, Post Office Box 262, McClellanville, S.C. 29458

Reappointments, Charleston County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Henry W. Guerard, Post Office Box 941, Charleston, S.C. 29402-0941

Honorable Jack I. Guedalia, 1320 Winchester Drive, Charleston, S.C. 29407

Honorable Bonnie L. Koontz-Stickels, 1720 Sam Rittenberg Boulevard, Unit II, Charleston, S.C. 29407

Honorable Richard Ganaway, 7564 Brandywine Road, North Charleston, S.C. 29420

Honorable Alvin E. Bligen, Post Office Box 216, Edisto Island, S.C. 29438

Honorable J. Mullen Harper, Post Office Box 584, Mt. Pleasant, S.C. 29465

Honorable M. Brian Rawl, Post Office Box 284, Johns Island, S.C. 29455

Honorable Leroy Linen, 6113 Judge Linen Lane, Wadmalaw Island, S.C. 29487

MOTION ADOPTED

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned in honor of Mr. William Blakeney Burch of Pageland, S.C., on the occasion of his 80th birthday.

ADJOURNMENT

At 1:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 1829 . . . . . Wednesday, April 24, 1996

Wednesday, April 24, 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 more words from the Book of Ezekiel, Chapter 1 (v. 4) (NRSV):

"As I looked, a stormy wind came out of

the north: a great cloud with brightness

around it and fire flashing forth continually,

and in the middle of the fire,

something like gleaming amber..."

Let us pray.

Lord God, whether the figure of speech be a "stormy wind" or "a great cloud" or "fire flashing forth" that sets our mood this day, help us to see the "gleaming amber": the upward look... the faith... the hope... the confidence... the reassurance!

Grant, Holy Father, that when things seem for us, at times, to be in a state of disarray, we may have the catalyst of Ezekiel's vision when he said:

"As I looked I saw,

in the middle of the fire,

Something like gleaming amber!"

Amen.

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


| Printed Page 1810, Apr. 23 | Printed Page 1830, Apr. 24 |

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