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 1820, Apr. 23 | Printed Page 1840, Apr. 24 |

Printed Page 1830 . . . . . Wednesday, April 24, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 10, 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

Local Appointment

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

Mr. J. Conrad Hetzer, 305 Oceanview Drive, Myrtle Beach, S.C. 29572

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 15, 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

Local Appointment

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

Deborah A. Vrooman, Ph.D., 902 Hart Street, Conway, S.C. 29526-4382

Doctor of the Day

Senator RYBERG introduced Dr. Jim Hill of Aiken, S.C., Doctor of the Day.


Printed Page 1831 . . . . . Wednesday, April 24, 1996

Leave of Absence

On motion of Senator REESE, at 11:00 A.M., Senator SHORT was granted a medical leave of absence for a family emergency for today through Tuesday, May 7, 1996.

Leave of Absence

At 3:15 P.M., Senator PASSAILAIGUE requested a leave of absence until 4:00 P.M.

Leave of Absence

At 3:30 P.M., Senator ROSE requested a leave of absence for the balance of the day.

Co-Sponsorship Added

S. 1050 -- Senators McConnell, Lander and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

On motion of Senator ROSE, with unanimous consent, the name of Senator ROSE was added as a co-sponsor of the Joint Resolution.

Co-Sponsorship Added

S. 1305 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY


Printed Page 1832 . . . . . Wednesday, April 24, 1996

INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.

On motion of Senator ROSE, with unanimous consent, the name of Senator ROSE was added as a co-sponsor of the Bill.

Co-Sponsorship Added

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.

On motion of Senator ROSE, with unanimous consent, the name of Senator ROSE was added as a co-sponsor of the Bill.

RECALLED

S. 1173 -- Senators Boan and Martin: A BILL TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THAT A NONCURRENT LICENSE PLATE FROM THIS STATE OR ANOTHER STATE MUST NOT BE ATTACHED TO THE OUTSIDE FRONT OF A VEHICLE, AND TO PROVIDE PENALTIES FOR VIOLATION.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED

H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20


Printed Page 1833 . . . . . Wednesday, April 24, 1996

OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED, READ THE SECOND TIME

H. 4899 -- Reps. Walker, Allison, Lanford, Wells, Littlejohn and Lee: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator COURTNEY asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

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

The Resolution was read the second time and ordered placed on the third reading Calendar.


Printed Page 1834 . . . . . Wednesday, April 24, 1996

H. 4899--Ordered to a Third Reading

On motion of Senator COURTNEY, H. 4899 was ordered to receive a third reading on Thursday, April 25, 1996.

RECALLED

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.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Resolution was ordered placed on the Calendar.

RECALLED

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.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Resolution was ordered placed on the Calendar.

RECALLED

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.


Printed Page 1835 . . . . . Wednesday, April 24, 1996

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Resolution was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1387 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-255 SO AS TO PROVIDE THAT AFTER DECEMBER 31, 1995, NO TELEPHONE UTILITY MAY IMPOSE A LONG-DISTANCE CHARGE FOR A CALL BETWEEN TELEPHONES IN THE SAME COUNTY AND TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION SHALL AUTHORIZE RATE ADJUSTMENTS AS NECESSARY FOR TELEPHONE UTILITIES TO MAINTAIN THE ALLOWED RATE OF RETURN FOLLOWING THE ELIMINATION OF THESE LONG-DISTANCE CHARGES.

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

S. 1388 -- Senators J. Verne Smith, Fair, Thomas and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KIMBERLY MARGARET BOAN OF GREENVILLE FOR BEING ELECTED PRESIDENT OF THE STUDENT BODY OF GREENVILLE HIGH SCHOOL.

Whereas, the members of the General Assembly note that Kimberly Margaret Boan, a junior at Greenville High School, has been elected by her peers to serve as President of the Student Body in the upcoming school year; and

Whereas, Kimberly Boan is recognized as a talented, well-respected, and dedicated student whose accomplishments include her membership in the National Honor Society, Class Secretary for the past three years at Greenville High School, Co-Editor of the Nautilus Yearbook for 1996, as well as other contributions to the community and church-related activities. Now, therefore,

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

That the members of the General Assembly wish to congratulate Kimberly Margaret Boan on her election as President of the Student Body of Greenville High School.


Printed Page 1836 . . . . . Wednesday, April 24, 1996

Be it further resolved that a copy of this resolution be forwarded to Kimberly Margaret Boan.

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

S. 1389 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE BEATRICE JOHNSON SWETT ON THE OCCASION OF HER RETIREMENT AFTER THIRTY-NINE YEARS AS A DEDICATED TEACHER, ADMINISTRATOR, AND INSTRUCTIONAL CONSULTANT.

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

S. 1390 -- Senator Bryan: A CONCURRENT RESOLUTION TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CREATION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH ON MAY 8, 1996, FOR PROVIDING CARE AND TREATMENT FOR THE CITIZENS OF SOUTH CAROLINA WHO SUFFER FROM MENTAL ILLNESS.

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

S. 1391 -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 1996, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, SO AS TO FILL THE TERMS WHICH EXPIRE AUGUST 31, 1996.

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

That the Senate and House of Representatives meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, May 29, 1996, at 12:00 noon, as the time for electing successors to the members of the South Carolina Consumer Affairs Commission for Seats 2 and 4, so as to fill the terms which expire August 31, 1996.

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

H. 4968 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CONTRIBUTION TO THE SPORT OF WOMEN'S BASKETBALL MADE BY SAUDIA ROUNDTREE OF ANDERSON IN HER INCREDIBLE PLAYING CAREER AT THE


Printed Page 1837 . . . . . Wednesday, April 24, 1996

UNIVERSITY OF GEORGIA AND IN HER YEARS AT ANDERSON'S WESTSIDE HIGH SCHOOL.

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

H. 4970 -- Reps. Wilkins, Hodges, Young-Brickell and Cato: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ACHIEVEMENTS AND CONTRIBUTIONS TO THIS STATE BY ROBERT E. HENDERSON, PH.D., PRESIDENT AND DIRECTOR OF THE SOUTH CAROLINA RESEARCH AUTHORITY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM WELL IN HIS FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEES

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

S. 163 -- Senators Leventis, Wilson, Rose, Hayes and Passailaigue: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.

Ordered for consideration tomorrow.

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

S. 562 -- Senators Rose, Mescher and Richter: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE


Printed Page 1838 . . . . . Wednesday, April 24, 1996

CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.

Ordered for consideration tomorrow.

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

S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY


Printed Page 1839 . . . . . Wednesday, April 24, 1996

MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.

Ordered for consideration tomorrow.

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

S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.

Ordered for consideration tomorrow.

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

S. 777 -- Senator Washington: A BILL TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE GOVERNOR, UPON THE RECOMMENDATION OF THE GOVERNING BODY OF THE COUNTY WHEREIN HE LAST SERVED, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY FOR THE PURPOSE OF TEMPORARILY REPLACING AN EXISTING MAGISTRATE WHO IS UNABLE PRESENTLY TO FULFILL HIS DUTIES DUE TO ILLNESS, INJURY, OR OTHER SIMILAR REASONS.

Ordered for consideration tomorrow.

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

S. 862 -- Senators Elliott and Saleeby: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

Ordered for consideration tomorrow.


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