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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Local Appointment

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. J. Michael Frazier, 731 Bucksport Road, Conway, S.C. 29527

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 7, 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

Local Appointments

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

Mrs. Dodie W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302

Mr. George F. Abernathy, 908 Iron Ore Road, Spartanburg, S.C. 29303

Received as information.

REGULATION WITHDRAWN

The following was received:

Document No. 1876
Promulgated by South Carolina Law Enforcement Division
Sex Offender Registry
Received by Lt. Governor October 10, 1995
Referred to Senate Committee on Judiciary
Withdrawn May 9, 1996

Printed Page 2631 . . . . . Tuesday, May 14, 1996
REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1912
Promulgated by Department of Labor, Licensing and Regulation, Board of Professional Engineers and Land Surveyors
Continued Professional Development for License Renewal
Received by Lt. Governor March 19, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date July 17, 1996
Revised Expiration Date July 18, 1996

Doctor of the Day

Senator SETZLER introduced Dr. Fred McElveen of West Columbia, S.C., Doctor of the Day.

Leave of Absence

At 12:58 P.M., Senator BRYAN requested a leave of absence from 1:00 - 2:00 P.M.

Motion to Ratify Adopted

At 12:27 P.M., Senator J. VERNE SMITH asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.

There was no objection and a message was sent to the House accordingly.

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.

The House returned the Bill with amendments.

Senator GREG SMITH proposed the following amendment (944R005.GS), which was adopted:

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

Printed Page 2632 . . . . . Tuesday, May 14, 1996
/SECTION 1. (A)(1) Except for those instances exempted in (B), in all cases where appointments to offices, boards, and commissions are made by or upon the recommendation of the House Delegation, the Senate Delegation, or the Joint Legislative Delegation of Georgetown County, or by any other member or combination of members of the General Assembly by reason of their representing all or a portion of Georgetown County, all said appointments must be made by or upon the recommendation of a majority of the members of the governing body of Georgetown County if, and to the extent that, the governing body of Georgetown County by ordinance or resolution agrees to accept the responsibility and the authority for making those appointments and notifies the Code Commissioner and the Secretary of State of its acceptance. All appointments and recommendations must be made without regard to race, religion, color, sex, or national origin.

(2) The application of subsection (A) includes, but is not limited to:

Name. . . . .Authority

(1) Forestry Board. . . . .Section 48-33-50

(2) Veterans Affairs. . . . .Section 25-11-40

(3) County Department of

Social Services. . . . .Section 43-3-10

(4) Transportation

Committee. . . . .Section 12-27-400

(5) Department of

Disabilities and

Special Needs. . . . .Section 44-20-375

(6) Foster Care

Review Board. . . . .Section 20-7-2385

(7) Mental Health

Center Board. . . . .Section 44-15-60

(8) Horry-Georgetown

Commission for

Technical Education. . . . .Section 59-53-810

. . . . .Section 59-53-840

(9) Economic Opportunity

Commission. . . . .Section 4-31-330

(10) Georgetown Pilotage

Commission. . . . .Section 54-15-10

(11) Murrell's Inlet-Garden City

Fire District. . . . .Act 876 of 1966

(12) Waccamaw Regional

Planning Council. . . . .Section 6-7-110

Printed Page 2633 . . . . . Tuesday, May 14, 1996
(13) Board of Elections

& Registration. . . . .Act 591 of 1995

(B) The appointment of magistrates as provided in Section 22-1-10 and the appointment of members of the Georgetown Water and Sewer District as provided for in Act 733 of 1957 are unaffected by the provisions of this act.

SECTION 2. Authority for levy of taxes or approval of budgets or millage levels for all offices, boards, and commissions referenced in Section 1 above is vested in the governing body of Georgetown County.

SECTION 3. The devolution of powers provided for in this act shall occur only if, and to the extent that, the county governing body by ordinance or resolution agrees to accept the action and notifies the Code Commissioner of its acceptance. The Code Commissioner shall keep a list of such notifications and shall include the information in the statutory notes in each cumulative supplement and revised volume of the Code of Laws of South Carolina. The Code Commissioner is empowered and directed to modify all code sections which are inconsistent with this act and to indicate in the notes following a code section any action accepted by a county governing body by ordinance or resolution.

SECTION 4. This act takes effect upon approval by the Governor./.

Renumber sections to conform.

Amend title to conform.

Senator GREG SMITH explained the amendment.

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

S. 1315--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

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 BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

On motion of Senator WASHINGTON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Printed Page 2634 . . . . . Tuesday, May 14, 1996
Senator WASHINGTON spoke on the report.

On motion of Senator WASHINGTON, the Report of the Committee of Conference to S. 1315 was adopted as follows:

S. 1315--Conference Report

The General Assembly, Columbia, S.C., May 8, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

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 BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 1-1-10 of the 1976 Code is amended to read:

"Section 1-1-10. The sovereignty and jurisdiction of this State extends to all places within its bounds, which are hereby declared to be as follows:

The northern line beginning at a point at the low-water mark of the Atlantic Ocean on the eastern shore of Bird Island, runs in a northwest direction through monuments established at latitude 33.° 51´ 07.8792" N., longitude 78° 32´ 32.6210" W., at latitude 33° 51´ 36.4626" N., longitude 78° 33´ 06.1937" W., and at latitude 33° 51´ 50.7214" N., longitude 78° 33´ 22.9448" W., (coordinates based on North American Datum 1927), following existing monuments to a stake in a meadow; thence, in a direction due west, a distance of sixty-two miles, to a point where it intersects the Charleston Road (at sixty-one miles) near the Waxhaw Creek; thence N. 2° 12 1 /2´ E. eight miles to a gum tree on the southeastern corner of the Catawba Indian Reservation as laid out in 1764; thence following the eastern and northern boundary lines of said Catawba Indian Reservation to where such northern boundary line crosses the thread of the Catawba River; thence up the thread of said river to the confluence of the north and south forks thereof; thence west to a stone on Tyron Mountain marked "S. C. and N. C., September 15th, 1815"; thence from said stone set up and marked "S. C. and N. C., September 15,

Printed Page 2635 . . . . . Tuesday, May 14, 1996
1815" west four miles and ninety poles to a stone marked "S. C. and N. C."; thence S. 25° W. 118 poles to a chestnut tree on the top of a ridge dividing the waters of the north fork of the Pacolet River from the waters of the north fork of the Saluda River; thence along the various courses of said ridge (agreeably to the plat and survey of the commissioners and surveyors accompanying their report, dated November 2, 1815) to the ridge that divides the Saluda waters from those of Green River; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up where said river joins the ridge which divides the eastern and western waters which is marked "S. C. and N. C., September 28th, A.D. 1815"; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up on that part of it which is intersected by the Cherokee boundary line, run in the year 1797, and which stone is marked "S. C. and N. C., 1813"; and from the said last-mentioned stone on the top of said ridge, at the point of intersection aforesaid, a direct line S. 68 1/4° W. 20 miles and 11 poles to the thirty-fifth degree of north latitude at the rock in the east bank of the Chattooga River marked "Latitude thirty-five degrees, A.D. 1813" which line, from the termination of the line of 1772 to the Chattooga River, is in all a distance of twenty-four miles and one hundred and eighty-nine poles.

The lateral seaward boundary between North Carolina and South Carolina from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a continuation of the North Carolina-South Carolina boundary line as described by monuments located at latitude 33° 51´ 50.7214" N., longitude 78° 33´ 22.9448" W., at latitude 33° 51´ 36.4626" N., longitude 78° 33´ 06.1937" W., and at latitude 33° 51´ 07.8792" N., longitude 78° 32´ 32.6210" W., (coordinates based on North American Datum 1927), in a straight line projection of said line to the seaward limits of the states' territorial jurisdiction, such line to be extended on the same bearing insofar as a need for further delimitation may arise.

From the state of Georgia, this State is divided by the Savannah River, from its entrance into the ocean at the point where the northern edge of the navigable channel of the Savannah River intersects the seaward limit of the state's territorial jurisdiction; thence generally along the northern edge of the navigable channel up the Savannah River; thence along the northern edge of the sediment basin to the Tidegate; thence to the confluence of the Toogaloo Tugaloo and Seneca Rivers; thence up the Toogaloo Tugaloo River to the confluence of the Tallulah and the Chattooga Rivers; thence up the Chattooga River to the 35th parallel of

Printed Page 2636 . . . . . Tuesday, May 14, 1996
north latitude, which is the boundary of North Carolina, the line being midway between the banks of said respective rivers when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described. And when the rivers are broken by islands of natural formation which, under the Treaty of Beaufort, are reserved to the state of Georgia, the line is midway between the island banks and the South Carolina banks when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described.
On the east the State is bounded by the Atlantic Ocean, from the mouth of the Savannah River to the northern boundary, near the mouth of Little River, including all islands.
The boundary between Georgia and South Carolina along the lower reaches of the Savannah River, and the lateral seaward boundary, is more particularly described as follows:

Beginning at a point where the thread of the northernmost branch of the Savannah River equidistant between its banks intersects latitude 32° 07´ 00" N., (North American Datum 1983-86), located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the Savannah River on Hutchinson Island and on the mainland of South Carolina including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island;

Proceeding thence easterly down the thread of the northernmost channel of the Savannah River known as the Back River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island;

Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;

Proceeding thence southeasterly down the thread of the Savannah River equidistant from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until reaching the northwestern (farthest upstream) boundary of the `Back River Sediment Basin', as defined in the `Annual Survey-1992, Savannah Harbor, Georgia, U. S. Coastal Highway, No. 17 to the Sea', U. S. Army Corps

Printed Page 2637 . . . . . Tuesday, May 14, 1996
of Engineers, Savannah District as amended by the Examination Survey-1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 112/107, (hereinafter the `Channel Chart');

Proceeding thence along the said northwestern boundary to its intersection with the northern boundary of the Back River Sediment Basin; thence southeasterly until said northern boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (latitude 32° 05´ 01.440" N., longitude 081° 02´ 17.252" W., North American Datum (NAD) 1983-86);

Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (latitude 32° 05´ 17.168" N., longitude 081° 01´ 34.665" W., NAD 1983-86), Fort Jackson Range through point SR-32 (latitude 32° 05´ 30.133" N., longitude 081° 01´ 17.750" W., NAD 1983-86), the Bight Channel through points SR-31 (latitude 32° 05´ 55.631" N., longitude 081° 01´ 02.480" W., NAD 1983-86), SR-30 (latitude 32° 06´ 06.272" N., longitude 081° 00´ 44.802" W., NAD 1983-86), SR-29 (latitude 32° 06´ 09.053" N., longitude 081° 00´ 31.887" W., NAD 1983-86), SR-28 (latitude 32° 06´ 08.521" N., longitude 081° 00´ 15.498" W., NAD 1983-86), and SR-27 (latitude 32° 06´ 01.565" N., longitude 080° 59´ 58.406" W., NAD (1983-86), Upper Flats Range through points SR-26 (latitude 32° 05´ 41.698" N., longitude 080° 59´ 31.968" W., NAD 1983-86) and SR-25 (latitude 32° 05´ 02.819" N., longitude 080° 59´ 12.644" W., NAD 1983-86), Lower Flats Range through points SR-24 (latitude 32° 04´ 46.375" N., longitude 080° 59´ 00.631" W., NAD 1983-86), SR-23 (latitude 32° 04´ 40.209" N., longitude 080° 58´ 49.947" W., NAD 1983-86), SR-22 (latitude 32° 04´ 28.679" N., longitude 080° 58´ 18.895" W., NAD 1983-86), and SR-21 (latitude 32° 04´ 22.274" N., longitude 080° 57´ 34.449" W., NAD 1983-86), Long Island Crossing Range through points SR-20 (latitude 32° 04´ 13.042" N., longitude 080° 57´ 14.511" W., NAD 1983-86), and SR-19 (latitude 32° 02´ 30.984" N., longitude 080° 55´ 30.308" W., NAD 1983-86) and New Channel Range following the northern boundary of the Rehandling Basin and the northern boundary of the Oyster Bed Island Turning Basin back to the northern edge of the main navigational channel, thence through points SR-17 (latitude 32° 02´ 07.661" N., longitude 080° 53´ 39.379" W., NAD 1983-86) and SR-16 (latitude 32° 02´ 07.533" N., longitude 080° 53´ 31.663" W., NAD 1983-86), to a point at latitude 32° 02´ 08" N., longitude 080° 53´ 25" W., NAD 1983-86 (now marked by Navigational Buoy "24") near the eastern end of Oyster Bed Island;

Printed Page 2638 . . . . . Tuesday, May 14, 1996
Proceeding thence from a point at latitude 32° 02´ 08" N., longitude 080° 53´ 25" W., NAD 1983-86 (now marked by Navigational Buoy R "24") on a true azimuth of 0° 0´ 0" (true north) to the mean low low-water line of Oyster Bed Island; thence easterly along the said mean low low-water line of Oyster Bed Island to the point at which the said mean low low-water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall;

Proceeding thence easterly along the mean low low-water line of the southern edge of the Oyster Bed Island Training Wall to its eastern end; thence continuing the same straight line to its intersection with the Jones Island Range line;

Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;

Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart, via Jones Island Range and Bloody Point Range, to a point at latitude 31° 59´ 48.0" N., longitude 080° 47´ 01.5" W., NAD 1983-86 (now marked by Navigational Buoy "6"); and finally,

Proceeding from a point at latitude 31° 59´ 48.0" N., longitude 080° 47´ 01.5" W., NAD 1983-86 (now marked by Navigational Buoy "6") extending southeasterly to the federal-state boundary on a true azimuth of 104 degrees (bearing of S76°E), which describes the line being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970.

Should the need for further delimitation arise, the boundary shall further extend southeasterly on above-described true azimuth of 104 degrees (bearing of S76°E).

Provided, further, that nothing in this section shall in any way be considered to govern or affect in any way the division between the states of the remaining assimilative capacity that is, the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described in this section."

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

Amend title to conform.

/s/McKinley Washington .......... /s/James H. Hodges
/s/Holly A. Cork .......... /s/James S. Klauber
/s/W. Greg Ryberg .......... /s/W. Jeffrey Young

On Part of the Senate. .......... On Part of the House.

Printed Page 2639 . . . . . Tuesday, May 14, 1996
, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 14, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
Very respectfully,
Speaker of the House

Received as information.

RECALLED

H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK

Printed Page 2640 . . . . . Tuesday, May 14, 1996
LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.

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