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 2210, May 1 | Printed Page 2230, May 2 |

Printed Page 2220 . . . . . Wednesday, May 1, 1996

E. Except as otherwise stated, this section takes effect July 1, 1996. /

Amend sections, totals and title to conform.

Senator COURTNEY explained the amendment.

Senator COURTNEY moved that the amendment be adopted.

The amendment was adopted.

Leave of Absence

At 7:05 P.M., Senator SHORT requested a leave of absence for the balance of the week.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.

Clerk's Statement and Correction

A review of Amendment No. 79 adopted on April 30, 1996, revealed that it contained a scrivener's error. The reference in Item E to "July 1, 1996" has been changed to read "July 1, 1997." In subitem F, the following phrase has been deleted: ", except as provided in subsection E".

LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Georgetown County Delegation, the following appointment was confirmed in open session:

Reappointment, Georgetown County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable William Barry McCall, Post Office Box 1830, Pawleys Island, S.C. 29585

Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:

Reappointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable David W. Coker, 4050 Bridgeview Drive, Suite 200, North Charleston, S.C. 29405


Printed Page 2221 . . . . . Wednesday, May 1, 1996

Having received a favorable report from the Kershaw County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Kershaw County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Ms. Delores D. Leonard, Post Office Box 184, Camden, S.C. 29020 VICE Roosevelt Osborne (resigned)

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Moubray Beaty of Rock Hill, S.C.

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns, it stand adjourned to meet tomorrow at 10:30 A.M., which motion was adopted.

ADJOURNMENT

At 7:08 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:30 A.M.

* * *


Printed Page 2222 . . . . . Thursday, May 2, 1996

Thursday, May 2, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:30 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, the words recorded by St. Matthew are apt also for our time, Chapter 24 (vv. 12-14):

"And because of the increase of lawlessness

the love of many will grow cold. But the

one who endures to the end will be saved.

And this good news of the kingdom will be

proclaimed throughout the world, as a tes-

timony to all the nations; and then the end

will come."
Let us pray.

O Lord God, grant that as we come to You in our prayer, we may look beyond these walls.

As we behold the comet with a tail 10 million miles long that will not come this way again for another 18,000 years, help us to see You by faith, the Creator, in shining splendor, and glimpse for a fleeting moment the holiness of our God as Moses did on Mt. Sinai.

Then let us come back to our mundane duties, never quite free from the influence of the divine vision, the presence and the power we experience in the moment of our adoration.

Lord, may our love for You and our people never grow cold, and give us patience and perseverance to run the race that means victory for our people... in the Name of Christ.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator RANKIN introduced Dr. Tom Whitaker of Myrtle Beach, S.C., Doctor of the Day.


Printed Page 2223 . . . . . Thursday, May 2, 1996

Leave of Absence

At 10:30 A.M., Senator GIESE requested a leave of absence beginning at 3:30 P.M today until Monday morning.

Statement by Senator GIESE

I requested leave to attend the NCSL meeting in Austin, Texas, to fulfill my responsibilities as Chairman of the Developmental Disabilities Task Force.

Leave of Absence

At 10:30 A.M., Senator LANDER requested a leave of absence beginning at 10:45 A.M. until 1:00 P.M.

Leave of Absence

On motion of Senator RANKIN, at 11:00 A.M., Senator COURSON was granted a leave of absence from 11:30 A.M. - 2:00 P.M.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.


Printed Page 2224 . . . . . Thursday, May 2, 1996

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT


Printed Page 2225 . . . . . Thursday, May 2, 1996

OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.


Printed Page 2226 . . . . . Thursday, May 2, 1996

Message from the House

Columbia, S.C., May 1, 1996

Mr. President and Senators:

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

H. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

RECALLED

H. 4743 -- Reps. Cotty, Sheheen, Riser and Witherspoon: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO CHANGE THE METHOD BY WHICH A CANDIDATE FOR WATERSHED DIRECTOR BECOMES QUALIFIED.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection.

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


Printed Page 2227 . . . . . Thursday, May 2, 1996

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.

The House returned the Bill with amendments.

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

There was no objection.

Senator HAYES proposed the following amendment (JUD0507.003), which was adopted:

Amend the bill, as and if amended, page 2, line 36, in Section 40-17-55(D), as contained in SECTION 1, by striking line 36 in its entirety and inserting therein the following:

/(A)(1), (7), and that part of (4) which does allow a pardon."/

Amend title to conform.

Senator HAYES explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

S. 1315--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 1, 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. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND


Printed Page 2228 . . . . . Thursday, May 2, 1996

BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Very respectfully,
Speaker of the House

On motion of Senator MOORE, the Senate insisted upon its amendments to S. 1315 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators WASHINGTON, CORK and RYBERG of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1406 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF THE DARLINGTON HIGH SCHOOL TEAM WHICH CAPTURED THE "LIFESMARTS...THE ULTIMATE CONSUMER CHALLENGE" NATIONAL TITLE IN A CONTEST HELD ON APRIL 22-23, 1996 AT L.G. LINE HIGH SCHOOL IN WASHINGTON, D.C.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following was introduced:

S. 1407 -- Senator Wilson: A BILL TO DIRECT THE CODE COMMISSIONER TO CHANGE REFERENCES OF "REGISTER OF MESNE CONVEYANCES" TO "REGISTER OF LAND CONVEYANCES" AT SUCH TIME AND IN SUCH MANNER AS MAY BE TIMELY AND COST-EFFECTIVE.

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

H. 4985 -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION T. BURNSIDE OF HOPKINS, RICHLAND COUNTY, MEMBER AT LARGE OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES BOARD, FOR BEING NAMED A 1996 JEFFERSON AWARD RECIPIENT IN RECOGNITION OF HIS OUTSTANDING PUBLIC SERVICE.

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


Printed Page 2229 . . . . . Thursday, May 2, 1996

H. 4987 -- Reps. Wells, Allison, Davenport, Lanford, Lee, Littlejohn, McCraw, Phillips, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, MR. WALTER S. MONTGOMERY, SR., OF SPARTANBURG, UPON HIS DEATH.

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

H. 4988 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION THANKING KEN SHULL, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF LEXINGTON MEDICAL CENTER SINCE 1988, FOR HIS OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EXCELLENCE IN THE HEALTH CARE DELIVERY SYSTEM IN THE MIDLANDS.

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

H. 4990 -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF JOHN DELLENEY "JOHNNY" LOVE OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4992 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON THE OCCASION OF ITS THIRTIETH ANNIVERSARY.

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

H. 4993 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF RETIRED COLONEL ALFRED JUDSON PLOWDEN, JR., OF SUMMERTON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE


Printed Page 2230 . . . . . Thursday, May 2, 1996

30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.


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