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

Wednesday, February 7, 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 the words of Psalm 33 (vv.6-12):

"By the word of the Lord were the heavens

made, the starry host by the breath of

His mouth, He gathers the waters of the sea

into jars...

Blessed is the nation whose God is the Lord."
Let us pray.

O God our Father, the Psalmist answers the question of some as to "Whose side is God on" in the chaotic condition that our world has slipped into.

Clearly the Psalmist is trying to tell us to get on God's side for "blessedness."

As we come to the throne-room of the Most High before we take up our tasks for the day, we bring a troubled world to Your Throne of Mercy.

As we send up our petitions, make us willing to pledge as collateral our own agreement to "seek first the Kingdom of God," recalling the promise that "all these things shall be added unto you."

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

December 21, 1995
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

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1996, and to expire July 1, 2000:

6th Congressional District:

Mr. Edwin L. Oxner, CPA, Post Office Drawer 4707, Florence, S.C. 29502

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1990, and to expire July 1, 1996:

6th Congressional District:

Mr. Edwin L. Oxner, CPA, Post Office Drawer 4707, Florence, S.C. 29502 VICE Phillip D. Lowe (resigned)

Referred to the Committee on Fish, Game and Forestry.

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, State Ethics Commission, with term to commence June 30, 1996, and to expire June 30, 2001:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607

Referred to the Committee on Judiciary.

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, State Athletic Commission, with term to commence June 30, 1996, and to expire June 30, 2000:

At-Large:

Mr. John R. Robertson, 1805 Cedarbrook Drive, Columbia, S.C. 29212 VICE Chris G. Hitopoulos

Referred to the General Committee.

Reappointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1996, and to expire May 31, 1999:

Mortgage Banker:

Mr. Joseph C. Reynolds, Carolina First Bank, Post Office Box 12249, Columbia, S.C. 29211

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1995, and to expire June 9, 1998:

Nursing Home Admin./Hosp. Admin:

Mr. William H. Bundy, Chester County Hospital and Nursing Center, Inc., Post Office Box 2001, Chester, S.C. 29706

Referred to the Committee on Medical Affairs.

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

January 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

Statewide Appointment

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1996, and to expire July 27, 1999:

3rd Congressional District:

Mr. Jeffrey W. Childress, Dixie Tool, Inc., Post Office Box 407, Easley, S.C. 29641

Referred to the Committee on Labor, Commerce and Industry.

Doctor of the Day

Senator GIESE introduced Dr. C. Tucker Weston of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MATTHEWS, at 12:15 P.M., Senator WASHINGTON was granted a leave of absence until 4:00 P.M., Thursday, February 8, 1996.

Leave of Absence

On motion of Senator WALDREP, at 1:20 P.M., Senator O'DELL was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator ELLIOTT, at 1:25 P.M., Senator SHORT was granted a leave of absence for the balance of the day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1108 -- Senators Fair, Bryan, Setzler, Richter and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE UPON REQUEST OF A SPECIFIED NUMBER OF SCHOOL SUPERINTENDENTS.

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

S. 1109 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 27, 1996, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to a current total of 143,700 people; and

Whereas, the county's total estimated property valuation exceeded 173 million dollars last year; and

Whereas, gross retail sales in York County have doubled since 1987 and increased over eleven percent during the past year to an estimated 2.2 billion dollars; and

Whereas, a total of thirteen new companies, some nationally known, announced plans to locate to York County in 1995, providing a total investment over 268 million dollars; and three existing industries expanded last year for a total investment of over 175 million dollars; and

Whereas, a total of 1,213 new jobs were created in York County last year; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased over sixteen percent last year, and accommodations tax collections increased over ten percent also last year. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments and declare February 27, 1996, "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the six chambers in York County.

Referred to the Committee on Invitations.

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

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

H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: A BILL TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY ORDER THE CHILD'S PARENTS TO REIMBURSE THE COURT-APPOINTED ATTORNEY OR THE INDIGENT DEFENSE FUND.

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

H. 4515 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.

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

REPORTS OF STANDING COMMITTEES

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

S. 799 -- Senators Bryan, Giese and Wilson: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCURRENT JURISDICTION OF FAMILY COURTS AND MAGISTRATE AND MUNICIPAL COURTS FOR CERTAIN VIOLATIONS BY JUVENILES, SO AS TO INCLUDE VIOLATIONS OF LITTER LAWS.

Ordered for consideration tomorrow.

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

H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

Ordered for consideration tomorrow.

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

H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Invitations Accepted

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

An invitation from S.C. Vocational Association and S.C. Vocational Directors Association to attend a morning drop-in in #208 Blatt Building on Thursday, February 15, 1996, from 9:00 until 11:30 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

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

An invitation from The Electric Cooperatives of S.C. to attend a reception at the Adam's Mark Hotel on Tuesday, February 20, 1996, from 6:00 until 7:30 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

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

An invitation from S.C. Funeral Directors Association to attend a reception at the Capital City Club on Tuesday, February 20, 1996, from 7:30 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

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

An invitation from S.C. School for the Deaf and Blind to attend a luncheon in #221 Blatt Building on Wednesday, February 21, 1996, immediately upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

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

An invitation from Manufactured Housing Institute of S.C. to attend a reception at the Capital City Club on Wednesday, February 21, 1996, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

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

An invitation from Taxpayers' Groups to attend a morning reception in #208 Blatt Building on Thursday, February 22, 1996, from 9:00 until 10:00 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

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

An invitation from York County Council of Chambers and "York County Day" Planning Committee to attend a reception at the Adam's Mark Hotel on Tuesday, February 27, 1996, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

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

An invitation from Municipal Association of S.C. to attend a reception at the Adam's Mark Hotel on Wednesday, February 28, 1996, from 6:00 until 7:30 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

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

An invitation from Arc of S.C. and Others to attend a drop-in in #208 Blatt Building on Thursday, February 29, 1996, from 9:00 until 11:00 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson                   Peeler                    Wilson
Patterson                 Russell                   O'Dell
McGill

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews                  Passailaigue              Rose

TOTAL--3

Message from the House

Columbia, S.C., February 6, 1996

Mr. President and Senators:

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

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 6, 1996

Mr. President and Senators:

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

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

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

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON A SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.

S. 1105--Ordered to a Third Reading

On motion of Senator MARTIN, S. 1105 was ordered to receive a third reading on Thursday, February 8, 1996.

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

MOTION WITHDRAWN

S. 1038 -- Senators Richter, Gregory, Thomas, Rose, Ryberg, Mescher, Martin, Wilson, Boan, Courtney, Peeler, Alexander, Waldrep and Setzler: A BILL TO AMEND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ADJOURN SINE DIE EACH YEAR NOT LATER THAN 5:00 P.M. ON THE FIRST THURSDAY IN MAY AND TO REQUIRE THE ANNUAL GENERAL APPROPRIATION BILL TO BE GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES NO LATER THAN THE LAST DAY OF FEBRUARY.

Senator RICHTER moved to recall the Bill from the Committee on Judiciary.

Senator McCONNELL spoke on the motion.

Senator COURSON spoke on the motion.

Senator DRUMMOND spoke on the motion.

Senator HOLLAND spoke on the motion.

Senator BRYAN spoke on the motion.

Senator RICHTER spoke on the motion.

Senator HOLLAND moved to table the motion to recall.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 17; Nays 19

AYES

Bryan                     Courtney                  Drummond
Elliott                   Ford                      Glover
Holland                   Jackson                   Land
Lander                    Matthews                  McConnell
McGill                    Moore                     Passailaigue
Reese                     Smith, J.V.               

TOTAL--17

NAYS

Boan                      Courson                   Fair
Giese                     Gregory                   Hayes
Leatherman                Leventis                  Martin
Mescher                   Peeler                    Richter
Rose                      Russell                   Ryberg
Setzler                   Thomas                    Waldrep
Wilson                    

TOTAL--19

PAIRED

Alexander   (Present) Nay

Saleeby   (Absent) Aye

The Senate refused to table the motion to recall. The question then was the motion to recall the Bill from the Committee on Judiciary.

Senator HOLLAND spoke on the motion.

Senator MOORE spoke on the motion.

Senator HOLLAND spoke on the motion.

On motion of Senator RICHTER, with unanimous consent, the motion to recall the Bill from the Committee on Judiciary was withdrawn.

RECALLED FROM LEGISLATIVE COUNCIL
CARRIED OVER

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

On motion of Senator GREG SMITH the Bill was recalled from Legislative Council.

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

There was no objection.

Senator GREG SMITH moved to reconsider the vote whereby the Senate concurred in the House amendments.

Senator CORK moved to carry over the Bill.

The Bill was carried over.

LOCAL APPOINTMENTS
Confirmations

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

Reappointments, Chester County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:

Mr. Marion B. Kee, 518 Peggy's Drive, Richburg, S.C. 29729

Mrs. Margaret C. Franklin, 40 Pendleton Street, Great Falls, S.C. 29055

Ms. Mary Ann Small-Wylie, 606 Ebony Grove Lane, Chester, S.C. 29706

Mrs. Martha F. Love-Gregory, Post Office Box 181, Chester, S.C. 29706

MOTION ADOPTED

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lucille P. Horton of Bethune, S.C.

ADJOURNMENT

At 1:25 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Monday, June 29, 2009 at 1:57 P.M.