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 2080, Apr. 30 | Printed Page 2100, Apr. 30 |
Printed Page 2090 . . . . . Tuesday, April 30, 1996
The amendment was adopted.

Amendment No. 20

Senators SETZLER and PASSAILAIGUE proposed the following Amendment No. 20 (SBD\97.006), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18C, The Citadel, page 505, Proviso 18C.1, line 1 by striking lines 1 through 2 and inserting the following:
the Women's Leadership Program as established in Part II of the act by any court of competent jurisdiction and the appropriation authorization shall revert to the General Fund.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 14A

Senator McCONNELL proposed the following Amendment No. 14A (4600R206.GFM), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18C, The Citadel, page 505, after line 2, by adding a new proviso to read:

/18C. Funds appropriated in Item 50, Section 2 of Act 146 of 1995, for The Citadel's Women's Leadership Program, shall be carried forward to be used in fiscal year 1996-97 for the same purposes authorized in Act 146 of 1995 and as amended./

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 18

Senator SETZLER proposed the following Amendment No. 18 (SBD\97.004), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 517, Proviso 19A.39, by striking line 35 and inserting the following:

Printed Page 2091 . . . . . Tuesday, April 30, 1996
Project and Professional Development Schools for prospective teachers.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 19

Senator SETZLER proposed the following Amendment No. 19 (SBD\97.005), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 519, line 43, by adding a new proviso to read:

19A. (SDE-EIA: XK-Select Committee) Of the funds appropriated in Part IA, Section 19S.K. for the Select Committee, $7,352 must be provided to fund the Charleston MARE Program. The Department of Education must provide a report of the MARE Program to the Select Committee by February 1. Information to be reported shall be determined by the Select Committee.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 4

Senator PASSAILAIGUE proposed the following Amendment No. 4 (4600R528.ELP), which was tabled:

Amend the bill, as and if amended, Part IB, Section 20, ETV, page 520, after Proviso 20.6, line 24, by inserting:
/(ETV: WSCI-Charleston) ETV shall use a portion of the funds appropriated in Section 20 of Part 1A of this Act to operate and fund WSCI in Charleston at a level no less than the amount funded during FY95-96./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

Printed Page 2092 . . . . . Tuesday, April 30, 1996
The amendment was laid on the table.

Recorded Vote

Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.

Amendment No. 24

Senator SETZLER proposed the following Amendment No. 24 (SBD\97.010), which was adopted:

Amend the bill, as and if amended, Part IB, Section 21, Wil Lou Gray Opportunity School, page 521, line 2, by inserting a new proviso to read:

21. The Trustees of the Wil Lou Gray Opportunity School may carry out improved forestry practices on the timber holdings of the school property and apply the revenues derived from them and any other revenue source on the property for the further improvement and development of the school forest and other school purposes.
Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 33A

Senator WASHINGTON proposed the following Amendment No. 33A (4600R004.MW), which was adopted:

Amend the bill, as and if amended, Part IB, Section 69, page 561, by adding after line 18 an appropriately numbered new proviso to read as follows:

/69. (Johns Island Connector - approval) Notwithstanding any other provision of law to the contrary, the final project plans for the location and construction of the Johns Island Connector in Charleston County must be submitted to the county governing body for its review. The county governing body shall have 90 days from the time it receives the plans to review the plan. If the county governing body does not agree with the plans it shall state its reasons therefor which reasons shall be considered by the Commission of the Department of Transportation in any revisions of the final plans./

Renumber sections to conform.

Amend title to conform.

Printed Page 2093 . . . . . Tuesday, April 30, 1996
Senator WASHINGTON explained the amendment.

Senator WASHINGTON moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 50A

Senator MOORE proposed the following Amendment No. 50A (715.VRC), which was adopted:

Amend the bill, as and if amended, Part IB, Section 69, Department of Transportation, page 561, by adding a new proviso to read:

/69. (Heritage Corridor Signs) Of the funds appropriated herein, $100,000 must be used by the Department for fabricating and installing Heritage Corridor signs for those counties affected by this Corridor./

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 17

Senator SETZLER proposed the following Amendment No. 17 (SBD\97.003), which was adopted:

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 580, Proviso 72.72, line 36 by striking lines 36 through 38 and inserting the following:

feasibility study as to the most efficient means of providing school transportation services. The Department of Education shall not proceed with solicitations for proposals without prior approval by the General Assembly.

Amend sections, totals and title to conform

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Printed Page 2094 . . . . . Tuesday, April 30, 1996
Amendment No. 26

Senator FAIR proposed the following Amendment No. 26 (JIC\5925HTC.96), which was tabled:

Amend the bill, as and if amended, Part IA, SECTION 3A, Leg. Dept.-The Senate, page 0001, by inserting immediately after line 37:

COLUMN 7 COLUMN 8

/Children's Committee 110,000 110,000

(2) (2)/

Amend sections, totals and title to conform.

Senator FAIR explained the amendment.

Senator FAIR moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 45

Senator DRUMMOND proposed the following Amendment No. 45 (507.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 3B, HOUSE OF REPRESENTATIVES, page 0010, line 24 by striking: /A. Capital Projects Oversight/

and inserting: /A. Joint Bond Review/

Amend further, on page 0010, line 30

by striking: /TOTAL CAPITAL PROJECTS OVERSIGHT/

and inserting: /TOTAL JOINT BOND REVIEW/

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 49

Senator LAND proposed the following Amendment No. 49 (800.REM), which was adopted:

Amend the bill, as and if amended, Part IA, Section 17A, BUDGET & CONTROL BOARD DIVISION OF EXECUTIVE DIRECTOR, page 68, line 10 by:

Printed Page 2095 . . . . . Tuesday, April 30, 1996
COLUMN 7 COLUMN 8

STRIKING: 12,504 12,504

( ) ( )

INSERTING: 22,504 22,504

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 17A, BUDGET & CONTROL BOARD DIVISION OF EXECUTIVE DIRECTOR, page 68, line 23 by:

COLUMN 7 COLUMN 8

STRIKING: 290,602 290,602

( ) ( )

INSERTING: 280,602 280,602

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Call of the Senate

At 12:12 P.M., Senator COURSON, with unanimous consent, 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            McConnell           McGill
Mescher             Moore               Passailaigue
Patterson           Peeler              Rankin
Reese               Richter             Rose
Russell             Ryberg              Saleeby
Setzler             Short               Smith, G.
Smith, J.V.         Thomas              Waldrep
Washington          Wilson
Printed Page 2096 . . . . . Tuesday, April 30, 1996
Presence Recorded

Senator O'DELL recorded his presence subsequent to the Call of the Senate.
A quorum being present, the Senate resumed.

ACTING PRESIDENT PRESIDES

At 12:42 P.M., Senator MARTIN assumed the Chair.

Amendment No. 59

Senator MESCHER proposed the following Amendment No. 59 (4600R211.WCM), which was tabled:

Amend the bill, as and if amended, Part 1A, Section 50, page(s) 416, column(s) 7 and 8, by adding after line 5, the following:

/Cooper River Corridor Project100,000100,000/

Amend sections, totals and title to conform.

Senator MESCHER explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Motion Adopted

At 1:00 P.M., Senator DRUMMOND asked unanimous consent to make a motion that the Lieutenant Governor be granted authorization to ratify Acts and upon completion of the Ratification of Acts, that the Senate would stand in recess until 2:35 P.M.

There was no objection and the motion was adopted.

Debate was interrupted.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 30, 1996, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R296) S. 68 -- Senators McConnell, Rose and O'Dell: AN ACT TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE TECHNICAL EXPERTS IN THE DEFINITION OF "EMPLOYEE".

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(R297) S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: AN ACT TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.

(R298) S. 421 -- Senator Rose: AN ACT TO AMEND SECTIONS 4-20-20, 4-20-40, 4-20-60, AND 4-20-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL, TO PROVIDE THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN THE COUNTY AND A MUNICIPALITY ANY PORTION OF WHICH IS LOCATED IN THE DISTRICT, TO PROVIDE FOR BORROWING BY THE DISTRICT BY MEANS OTHER THAN BONDED INDEBTEDNESS WITH THE APPROVAL OF THE GOVERNING BODY OF THE COUNTY AND PROVIDE FOR THE RESTRICTIONS ON THIS BORROWING, AND TO REVISE THE MANNER IN WHICH DISTRICT BOUNDARIES MAY BE ALTERED.

(R299) S. 598 -- Senator Bryan: AN ACT TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO INCLUDE AS MISCONDUCT, DISPENSING, PRESCRIBING, ADMINISTERING, OR OBTAINING DRUGS FOR ANY USE OTHER THAN ONE APPROPRIATE FOR THE PRACTICE OF DENTISTRY, AND TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO THESE RECORDS AND TO AUTHORIZE USE OF THEM IN PROCEEDINGS AND TO PROVIDE SANCTIONS FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO THESE RECORDS.

Printed Page 2098 . . . . . Tuesday, April 30, 1996
(R300) S. 614 -- Senator McConnell: AN ACT TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

(R301) S. 688 -- Senator Greg Smith: AN ACT TO AMEND SECTION 50-13-1750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.

(R302) S. 922 -- Senator Wilson: AN ACT 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.

(R303) S. 991 -- Senator Saleeby: AN ACT TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC

Printed Page 2099 . . . . . Tuesday, April 30, 1996
NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION, AND TO ADD LANGUAGE TO THE DEFINITION OF "FALSE STATEMENT AND MISREPRESENTATION"; TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION"; AND TO AMEND SECTION 38-55-580, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND IMMUNITY FROM LIABILITY ARISING OUT OF PROVIDING INFORMATION CONCERNING FALSE STATEMENTS OR MISREPRESENTATIONS TO AN AUTHORIZED AGENCY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IN ADDITION TO THE IMMUNITY GRANTED IN THIS SECTION, PERSONS IDENTIFIED AS DESIGNATED EMPLOYEES WHOSE RESPONSIBILITIES INCLUDE THE INVESTIGATION AND DISPOSITION OF CLAIMS RELATING TO SUSPECTED FRAUDULENT INSURANCE ACTS MAY SHARE INFORMATION RELATING TO PERSONS SUSPECTED OF COMMITTING FRAUDULENT INSURANCE ACTS WITH OTHER DESIGNATED EMPLOYEES EMPLOYED BY THE SAME OR OTHER INSURERS WHOSE RESPONSIBILITIES INCLUDE THE INVESTIGATION AND DISPOSITION OF CLAIMS RELATING TO FRAUDULENT INSURANCE ACTS UNDER CERTAIN CONDITIONS.

(R304) S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.

(R305) S. 1016 -- Senator Martin: AN ACT TO AMEND SECTION 16-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 2100 . . . . . Tuesday, April 30, 1996
RELATING TO THE OFFENSES OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING AND REFUSING TO LEAVE THE PREMISES OF ANOTHER PERSON ON REQUEST, SO AS TO DELETE THE REQUIREMENT THAT THE WARNING REQUIRED BY THIS SECTION FOR THE OFFENSE OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING MUST HAVE BEEN MADE WITHIN THE PRECEDING SIX MONTHS.

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