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 1850, Apr. 24 | Printed Page 1870, Apr. 24 |

Printed Page 1860 . . . . . Wednesday, April 24, 1996

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

H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

Ordered for consideration tomorrow.

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

H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA


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FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.

Ordered for consideration tomorrow.

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

H. 4847 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE, OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1369 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE MILEY CHURCH OF GOD'S OUTSTANDING ACCOMPLISHMENT OF BECOMING DEBT-FREE AND CELEBRATING THEIR MORTGAGE RETIREMENT.
Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1370 -- Senator Matthews: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY BULLDOGS MEN'S BASKETBALL TEAM FOR AN EXCEPTIONAL


Printed Page 1862 . . . . . Wednesday, April 24, 1996

SEASON AND FOR THEIR OUTSTANDING EFFORT IN THE NCAA TOURNAMENT.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

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.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

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.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1384 -- Senator McGill: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING EDWARD F. EATMON OF KINGSTREE FOR HIS MANY YEARS OF EXEMPLARY SERVICE TO THE STATE OF SOUTH CAROLINA AND WILLIAMSBURG


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COUNTY AND WISHING HIM MUCH HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1385 -- Senators Saleeby and Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JOHN LANDRUM FOR BEING NAMED 1995 LIBRARIAN OF THE YEAR BY THE SOUTH CAROLINA LIBRARY ASSOCIATION.

Returned with concurrence.

Received as information.

Committee to Escort

The PRESIDENT appointed Senators WILSON, FORD, GIESE, GREG SMITH and MOORE to escort the winners of the 1996 South Carolina Folk Heritage Awards and members of their party to the House Chamber for the Joint Assembly.

Motion Adopted

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to recede from business for the purposes of attending the Joint Assembly and, following the completion of the Joint Assembly, the Senate would stand in recess until 2:30 P.M.

RECESS

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY

Folk Heritage Awards

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE


Printed Page 1864 . . . . . Wednesday, April 24, 1996

SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The PRESIDENT appointed Senators WILSON, FORD, GIESE, GREG SMITH and MOORE to the Escort Committee on behalf of the Senate.

The Speaker appointed Representatives Cobb-Hunter, Jaskwhich, Keegan, Spearman, and Wilder to the Escort Committee on behalf of the House of Representatives.

The Escort Committees of the Senate and House accompanied the winners of the 1996 South Carolina Folk Heritage Award and the members of the 1996 South Carolina Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.

The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented Certificates by the PRESIDENT honoring their respective talents.

The winners were presented to the members of the Joint Assembly -- Ms. Pat Ahrens of Columbia, an advocate/performer of bluegrass, old time country, and gospel music; Mr. Bobby Branton of Awendaw, a bladesmith; Mr. Claude Casey of Johnston, a former star of country and western radio, stage and screen; and Mr. Wade E. Leitner of Lexington, a maker of stringed instruments. Ms. Ahrens and members of her band entertained the members of the Joint Assembly with a short musical performance.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:25 P.M., the Senate resumed.

RECESS

At 12:26 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.


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AFTERNOON SESSION

The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.

Point of Quorum

At 2:35 P.M., Senator FAIR made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Elliott              Fair
Ford                 Giese                Glover
Gregory              Hayes                Holland
Jackson              Land                 Lander
Leatherman           Leventis             Martin
Matthews             McGill               Mescher
Moore                O'Dell               Passailaigue
Patterson            Peeler               Rankin
Reese                Richter              Rose
Russell              Ryberg               Saleeby
Setzler              Smith, G.            Smith, J.V.
Thomas               Waldrep              Washington
Wilson               
A quorum being present, the Senate resumed.

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.

Point of Personal Interest

Senator LAND rose to a Point of Personal Interest.


Printed Page 1866 . . . . . Wednesday, April 24, 1996

Point of Personal Interest

Senator WASHINGTON rose to a Point of Personal Interest.

Point of Personal Interest

Senator COURSON rose to a Point of Personal Interest.

S. 1101--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., April 17, 1996

Mr. President and Senators:

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

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Very respectfully,
Speaker of the House

On motion of Senator HOLLAND, the Senate insisted upon its amendments to S. 1101 and asked for a Committee of Conference.


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Whereupon, the PRESIDENT appointed Senators HOLLAND, McCONNELL and MATTHEWS of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

RECALLED, AMENDED, READ THE SECOND TIME

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION DIRECTING THE OFFICE OF HUMAN RESOURCES AND THE RETIREMENT SYSTEMS OF THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY ON THE COSTS AND BENEFITS OF ALLOWING MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO RETIRE AT ANY AGE WITHOUT PENALTY ON ATTAINING AT LEAST TWENTY-FIVE YEARS OF CREDITED SERVICE AND TO REQUIRE THE STUDY'S FINDINGS AND CONCLUSIONS TO BE REPORTED TO THE GENERAL ASSEMBLY NO LATER THAN NOVEMBER 15, 1995.

Senator McCONNELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.

There was no objection.

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

Senator McCONNELL proposed the following amendment (3170R001.GFM), which was adopted:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. The General Assembly having authorized and initiated the State House Renovations project and finding it necessary to ensure continuous and stable funding to the project, hereby authorizes the S. C. State Budget and Control Board to issue not more than thirty million dollars ($30,000,000) of general obligation debt of the State, in the form of one or more promissory notes. The proceeds of the promissory note(s) issued by the board must be used exclusively for the State House Renovations project, including the expenses and cost of issuing the note(s). General obligation debt for the State House Renovations project shall be issued under such terms and conditions as the State Budget and Control Board shall prescribe; provided, however, that such general obligation debt shall mature not later than December 31, 1996; and, provided further, that there is hereby allocated sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general


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obligation debt. In accordance with the provisions of Article X, Section 13 of the State Constitution, the full faith, credit, and taxing power of the State shall be pledged to the payment of the principal of and interest on such general obligation debt. In addition to fulfilling the requirements of Article X, Section 13 of the State Constitution by allocating sufficient tax revenues to provide for the punctual payment of the principal of and interest on the general obligation debt and pledging the full faith, credit, and taxing power of the State on the general obligation debt authorized herein, the General Assembly hereby expresses its intent to repay the general obligation debt by an appropriation from the fiscal year 1994-1995 surplus revenues, the fiscal year 1995-1996 Capital Reserve Fund and/or such other revenue sources as are available to the General Assembly.

SECTION 2. This act takes effect upon approval by the Governor./

Amend the joint resolution further, as and if amended, by striking the title in its entirety and inserting:

/A JOINT RESOLUTION

TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97./.

Amend title to conform.

Senator McCONNELL explained the amendment.

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

H. 3170--Ordered to a Third Reading

On motion of Senator McCONNELL, H. 3170 was ordered to receive a third reading on Thursday, April 25, 1996.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1392 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND THE JAMES R. CLARK MEMORIAL SICKLE CELL FOUNDATION FOR ITS OUTSTANDING EFFORTS IN PROVIDING QUALITY SERVICES TO THOUSANDS OF CLIENTS THROUGHOUT SOUTH CAROLINA THAT ARE AFFECTED WITH EITHER THE


Printed Page 1869 . . . . . Wednesday, April 24, 1996

SICKLE CELL DISEASE OR TRAIT AND TO DECLARE SATURDAY, APRIL 27, 1996, AS "SICKLE CELL AWARENESS DAY" IN SOUTH CAROLINA.

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

S. 1393 -- Senator Elliott: A BILL TO ROLL BACK THE WHOLESALE PRICE OF GASOLINE IN THIS STATE TO ITS BASE PRICE ON APRIL 1, 1996, EXCEPT WHERE A CONTRACTUAL OBLIGATION PROHIBITS THE ROLLBACK, TO DESIGNATE PRICES UNDER CERTAIN CONDITIONS TO BE CONSIDERED AS A SURTAX, AND TO PROVIDE THAT THE SURTAX REVENUE MUST BE USED FOR NEW HIGHWAY CONSTRUCTION.

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

S. 1394 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-28-315 SO AS TO IMPOSE A FIVE CENTS A GALLON ADDITIONAL TAX ON GASOLINE AND TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR NEW HIGHWAY CONSTRUCTION.

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

H. 4975 -- Reps. Davenport, Cromer, Allison, Lanford, Lee, Walker, Littlejohn, D. Smith and Wells: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES AND HEARTY CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT MISS SOUTH CAROLINA, AMANDA ELIZABETH SPIVEY, OF SPARTANBURG COUNTY, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY", APRIL 30, 1996.

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

H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION


Printed Page 1870 . . . . . Wednesday, April 24, 1996

FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.

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


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