South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

Tuesday, January 30, 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, hear the words of the Psalmist, in Psalm 46 (vv. 10-11) (NRSV):

"Be still, and know that I am God!

I am exalted among the nations,

I am exalted in the earth

The Lord of hosts is with us;

The God of Jacob is our refuge" (fortress)
Let us pray.

We thank You, O God of all the earth and the cosmos, for Your providence and mercy which has watched over us, and brought us back to this place of service.

Give us hearts to love Thee,

Minds to know Thee, and

Voices to utter Thy truths.

Be Thou the unseen, but ever real, counselor at every committee meeting, and every place where decisions are being made.

Fulfill now, O Lord, in this quiet moment the ancient promise,

"Be still and know that I am God."

And so make us equal to today's tasks!

Amen.

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

July 20, 1995
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

Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1994, and to expire June 30, 1998:

2nd Congressional District:

Mr. A.R. Goodwyn, III, 1418 Ivy Lane, Columbia, S.C. 29204 VICE Julie M. Dever (resigned)

Referred to the Committee on Corrections and Penology.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

December 6, 1995
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, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

2nd Congressional District:

Mr. Pelham F. Moss, 105 Evergreen Lane, Cayce, S.C. 29033

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

December 13, 1995
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, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

2nd Congressional District:

Mrs. Jo Anne B. Whitehead, 113 Fifeshire Drive, Columbia, S.C. 29212

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

December 19, 1995
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

Initial Appointment, Jobs Economic Development Authority, with term to commence July 27, 1995, and to expire July 27, 1998:

At-Large:

Mr. Clarence Davis, Post Office Box 11070, Columbia, S.C. 29211 VICE Charles L. Appleby, III (resigned)

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 2, 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:

6th Congressional District:

Reverend W. Terry Fowler, S.C. Resource Development Center, International Pentecostal Holiness Church, Post Office Box 1689, Lake City, S.C. 29560

Referred to the Committee on Corrections and Penology.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 3, 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

Statewide Appointments

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1996, and to expire June 30, 2002:

At-Large:

Mr. Donald Van Riper, 305 Jones Avenue, #4, Greenville, S.C. 29605 VICE David William Huffstetler

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1996, and to expire August 15, 2000:

At-Large:

Mr. Raymond A. Harris, 212 Fairway Drive, Darlington, S.C. 29532 VICE Dee A. Smith

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 8, 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

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1990, and to expire February 13, 1997:

At-Large:

Mr. Joseph T. Newton, III, Piggly Wiggly Carolina Company, Inc., Post Office Box 118047, North Charleston, S.C. 29423 VICE Robert L. Selman (resigned)

Referred to the Committee on Transportation.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 10, 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

Statewide Appointments

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1996, and to expire June 30, 2002:

At-Large:

Ms. Ann M. Mickle, 2223 Lincoln Street, Columbia, S.C. 29201 VICE Mary Montgomery Elliott

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Public Service Authority, with term to commence May 19, 1992, and to expire May 19, 1999:

1st Congressional District:

Mrs. Juanita W. Brown, 2311 Portside Way, Charleston, S.C. 29407 VICE W. Melvin Brown (deceased)

Referred to the General Committee.

Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 1996, and to expire June 30, 2000:

5th Congressional District:

Mrs. Judy M. Hamrick, 202 Union Street, Gaffney, S.C. 29340

Referred to the General Committee.

REGULATION RECEIVED

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

Document No. 1901
Promulgated by Department of Health and Environmental Control
NPDES Permits
Received by Lt. Governor January 24, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 24, 1996

Doctor of the Day

Senator LEATHERMAN introduced Dr. Steve Imbeau of Florence, S.C., Doctor of the Day.

Point of Personal Interest

Senator LANDER rose to a Point of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1069 -- Senators Wilson and Leventis: A BILL TO ENACT THE "SAFE DRIVER'S RESPONSIBILITY ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-738 SO AS TO PROVIDE THAT A LICENSED DRIVER SHALL RECEIVE ONE SAFE DRIVER CREDIT FOR EACH YEAR IN WHICH HE RECEIVES NO POINTS UNDER SECTION 56-1-720, PROVIDE FOR A MAXIMUM NUMBER OF SAFE DRIVER CREDITS, PROVIDE FOR A REDUCTION IN THE MOTOR VEHICLE INSURANCE RECOUPMENT FEE BASED ON SAFE DRIVER CREDITS, LIMIT THE IMPOSITION OF MERIT RATING PLAN POINTS OR SURCHARGE POINTS, AND PROVIDE A PROCEDURE FOR THE ATTACHMENT OF LIABILITY INSURANCE COVERAGE DIRECTLY TO AN INSURED'S DRIVER'S LICENSE, RATHER THAN HIS MOTOR VEHICLE, AND FOR THE PRESENTATION OF PROOF OF SUCH COVERAGE, THE SUSPENSION OF THE DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, AND RELATED MATTERS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1070 -- Senator Rose: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD TO DEVELOP A UNIFORM GRADING SYSTEM WHICH MUST BE USED IN ALL ELEMENTARY AND SECONDARY SCHOOLS OF THE PUBLIC SCHOOL SYSTEM OF THIS STATE BEGINNING WITH SCHOOL YEAR 1996-97.

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

S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

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

S. 1072 -- Senators Matthews, Washington, Ford and Glover: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR HANDICAPPED PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN ACCORDANCE WITH FEDERAL HOUSING LAW.

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

S. 1073 -- Senator McGill: A BILL TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.

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

S. 1074 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO ALLOW UNDER CERTAIN CONDITIONS THE PURCHASE OF CERTAIN LEASEHOLD PROPERTY FROM A PUBLIC UTILITY AT THE 1980 APPRAISED VALUE OF THE PROPERTY AND DEFINE "PUBLIC UTILITY" FOR THE PURPOSES OF THIS SECTION.

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

S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.

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

S. 1076 -- Senators Martin, Drummond, Ford, O'Dell, Mescher, Courson, Leatherman, Peeler, McGill, Reese, Ryberg, Alexander, Leventis, Cork, Gregory, Russell and Lander: A BILL TO AMEND SECTION 15-36-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO PROVIDE THAT A PERSON IS LIABLE UNDER THIS SECTION WHENEVER A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR A DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IS GRANTED IN FAVOR OF A PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS; TO AMEND SECTION 15-36-20, RELATING TO FACTORS SUPPORTING A FINDING THAT AN ACTION WAS PURSUED FOR A PROPER PURPOSE, TO PROVIDE A PURPOSE SHALL NOT BE FOUND IF A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR A DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IS GRANTED IN FAVOR OF THE PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS; AND TO AMEND SECTION 15-36-40, RELATING TO THE BURDEN OF PROVING THAT AN ACTION IS FRIVOLOUS, TO PROVIDE THAT THE GRANTING OF A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IN FAVOR OF THE PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS SHALL SATISFY THE BURDEN PROVIDED FOR IN THIS SECTION.

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

S. 1077 -- Senator Ryberg: A BILL TO AMEND SECTION 40-75-40 OF THE 1976 CODE, RELATING TO INVESTIGATIONS AND ENFORCEMENT POWERS OF THE BOARD, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 40-75-70 OF THE 1976 CODE, RELATING TO THE CRIME OF FALSELY CLAIMING A GRANT OF LICENSE TO ACT AS A PROFESSIONAL COUNSELOR OR MARITAL AND FAMILY THERAPIST, SO AS TO ALSO MAKE IT UNLAWFUL TO USE CERTAIN ACRONYMS, TO ACT AS A LICENSED PROFESSIONAL COUNSELOR, LICENSED ASSOCIATE COUNSELOR, OR LICENSED MARITAL AND FAMILY THERAPIST WITHOUT FIRST OBTAINING A LICENSE ISSUED BY THE BOARD, AND TO OBTAIN OR ATTEMPT TO OBTAIN A LICENSE UNDER THIS CHAPTER BY PRESENTING FALSE OR FORGED EVIDENCE OF QUALIFICATIONS OR OTHER FRAUDULENT REPRESENTATION, AND TO INCREASE THE PENALTIES; TO AMEND CHAPTER 75, TITLE 40, BY ADDING SECTION 40-75-95, SO AS TO PROVIDE EXEMPTIONS TO THE LICENSE REQUIREMENT; TO AMEND SECTION 40-75-140 OF THE 1976 CODE, RELATING TO THE DISPLAY OF THE LICENSE ISSUED UNDER CHAPTER 75, SO AS TO REQUIRE THE LICENSE TO BE DISPLAYED AT EACH LOCATION AT WHICH THE LICENSEE PRACTICES HIS PROFESSION RATHER THAN ONLY IN HIS PLACE OF PRACTICE; TO AMEND SECTION 40-75-160 OF THE 1976 CODE, RELATING TO COMPLAINTS AND INVESTIGATIONS BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ALSO INVESTIGATE PERSONS WHO HAVE UNLAWFULLY ASSUMED TO ACT AS A LICENSEE AND TO RECODIFY CERTAIN PROVISIONS PREVIOUSLY CODIFIED IN SECTION 40-75-40; TO AMEND CHAPTER 75, TITLE 40 OF THE 1976 CODE, BY ADDING SECTION 40-75-165 SO AS TO REQUIRE THE BOARD BY REGULATION TO ESTABLISH METHODS OF NOTIFYING SERVICE RECIPIENTS OF HOW TO DIRECT COMPLAINTS TO THE BOARD; AND TO AMEND SECTION 40-75-200 OF THE 1976 CODE, RELATING TO A CLIENT'S RIGHT TO DISCLOSURE OF LICENSEE'S PROFESSIONAL QUALIFICATIONS, SO AS TO REQUIRE THE DISCLOSURE TO BE MADE PRIOR TO IMPOSITION OF A FEE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1078 -- Senator Land: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING DR. ALICE STUCKEY GRAVES, ONE OF LEE COUNTY'S OUTSTANDING CITIZENS, FOR HER ACCOMPLISHMENTS AND HER CONTRIBUTIONS TO THE SUCCESS OF HER COMMUNITY.

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

H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

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.

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

H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.

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

H. 4284 -- Reps. McAbee and Harrison: A BILL TO AMEND SECTION 15-49-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A NAME CHANGE, SO AS TO REQUIRE THE PERSON TO SUBMIT A CERTIFIED COPY OF HIS BIRTH CERTIFICATE AND TO PROHIBIT PETITIONING FOR A NAME CHANGE IF THE PERSON IS INCARCERATED, ON PROBATION, OR PAROLE.

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

H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4491 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE 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.

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

REPORTS OF STANDING COMMITTEE
Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Broadcasters Association to attend a breakfast reception in #208 Blatt Bldg. on Thursday, February 1, 1996, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Pest Control Association to attend a reception at the Sheraton Hotel on Tuesday, February 6, 1996, from 6:30 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Congress of Parents and Teachers to attend a breakfast drop-in in #208 Blatt Bldg. on Wednesday, February 7, 1996, from 7:00 until 9:00 A.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Town House Association, Inc., to attend an oyster roast/Beaufort stew at the Clarion Town House on Wednesday, February 7, 1996, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Farm Bureau Federation to attend a dinner at the Moore Bldg. (Fairgrounds) on Tuesday, February 13, 1996, from 6:00 until 7:15 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Justice Fellowship to attend a breakfast at the Capital City Club on Wednesday, February 14, 1996, from 7:30 until 9:00 A.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Association of Counties to attend a reception at the Embassy Suites on Wednesday, February 14, 1996, from 6:00 until 7:30 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
Passailaigue              McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Rose

TOTAL--2

CONCURRENCE

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION.

The House returned the Bill with amendments.

On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.

The House returned the Bill with amendments.

On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

THIRD READING BILL

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

S. 823 -- Senators Wilson, Stilwell, Jackson, Martin and Lander: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL COURT MAY ORDER RESTITUTION IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 922 -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.

Senator WILSON explained the Bill.

SECOND READING BILLS

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 1067 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTH OF JANUARY, 1996, BY THE STUDENTS OF ANY SCHOOL OF SCHOOL DISTRICT 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE 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.

S. 1067--Ordered to a Third Reading

On motion of Senator REESE, S. 1067 was ordered to receive a third reading on Wednesday, January 31, 1996.

H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

H. 3161--Ordered to a Third Reading

On motion of Senator REESE, H. 3161 was ordered to receive a third reading on Wednesday, January 31, 1996.

H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn and D. Smith: A BILL TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.

H. 4473--Ordered to a Third Reading

On motion of Senator REESE, H. 4473 was ordered to receive a third reading on Wednesday, January 31, 1996.

ADOPTED

S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

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

ADOPTED

H. 4446 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DANIEL A. LUDWIG OF MINNESOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 20, 1996.

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

CARRIED OVER

S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.

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

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.

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

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

AMENDMENT PROPOSED, CARRIED OVER

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

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

Amendment No. 1

Senator McCONNELL proposed the following Amendment No. 1 (JUD0144.002):

Amend the bill, as and if amended, page 1, line 26, in Section 7-5-30, as contained in SECTION 1, by striking line 26 in its entirety and inserting therein the following:

/shall must be at a building located in the county and at the county seat whenever possible and practical, and they shall must/

Amend title to conform.

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

LOCAL APPOINTMENTS
Confirmations

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

Reappointments, Colleton County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

Ms. Eva R. Huggins, Route 2, Box 54-I, Yemassee, S.C. 29945

Ms. Lorraine W. Green, Post Office Box 586, Walterboro, S.C. 29488

MOTION ADOPTED

On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Frank Howard, former football coach and Athletic Director of Clemson University, Clemson, S.C.

ADJOURNMENT

At 12:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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