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 2870, May 21 | Printed Page 2890, May 21 |

Printed Page 2880 . . . . . Tuesday, May 21, 1996

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.

There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.

H. 4973--Ordered to a Third Reading

On motion of Senator LAND, H. 4973 was ordered to receive a third reading on Wednesday, May 22, 1996.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1424 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND MRS. KAY BLACK, A TEACHER WITH LEXINGTON SCHOOL DISTRICT TWO, FOR HER DISTINGUISHED TWENTY-EIGHT YEAR CAREER IN EDUCATION UPON HER RETIREMENT.

The Senate Resolution was adopted.

S. 1425 -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE DR. KAILASH MATHUR FOR HIS DISTINGUISHED ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE ORANGEBURG COMMUNITY, THE STATE, AND THE NATION.

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

S. 1426 -- Senator Fair: A CONCURRENT RESOLUTION TO CONGRATULATE THE INTERNATIONAL OLYMPIC COMMITTEE AND THE UNITED STATES OLYMPIC COMMITTEE FOR THEIR EXTRAORDINARY WORK WITH REGARD TO THE OLYMPIC GAMES AND WITH REGARD TO THE HOLDING OF THE 1996


Printed Page 2881 . . . . . Tuesday, May 21, 1996

SUMMER GAMES IN ATLANTA, GEORGIA, AND TO REQUEST THESE COMMITTEES AND THEIR MEMBERS AND PARTICIPANTS TO REFRAIN FROM GETTING INVOLVED IN DOMESTIC AMERICAN POLITICS.

Whereas, the members of the General Assembly have appreciated over the years the fine work of the International Olympic Committee and the United States Olympic Committee in regard to the Olympic Games; and

Whereas, in 1996, the Summer Olympic Games will be held in Atlanta, Georgia, which surely will be a great occasion for all concerned; and

Whereas, the members of the General Assembly also believe, however, that neither the International Olympic Committee, the United States Olympic Committee, or any member or participant thereof should get involved in domestic American politics and, by this resolution, respectfully request them to refrain from this activity; and

Whereas, the members of the General Assembly, however, would like to publicly welcome to the United States the athletes from all over the world who will begin arriving to participate in the 1996 Summer Games. Now, therefore,

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

That the members of the General Assembly hereby congratulate the International Olympic Committee and the United States Olympic Committee for its extraordinary work with regard to the Olympic Games and with regard to the holding of the 1996 Summer Games in Atlanta, Georgia, and request these committees and their members and participants to refrain from getting involved in domestic American politics.

Be it further resolved that a copy of this resolution be forwarded to the International Olympic Committee and the United States Olympic Committee.

Referred to the Committee on Invitations.

S. 1427 -- Senators Fair, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO CONGRATULATE UNIVERSITY OF SOUTH CAROLINA HEAD BASEBALL COACH JUNE RAINES ON HIS OUTSTANDING TWENTY-YEAR CAREER AS THE GAMECOCK'S HEAD COACH


Printed Page 2882 . . . . . Tuesday, May 21, 1996

AND TO WISH HIM THE VERY BEST IN HIS NEW POSITION WITH THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC DEPARTMENT.

The Senate Resolution was adopted.

H. 5036 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION TO HONOR THE HONORABLE CEBRON DANIEL "C.D." CHAMBLEE OF ANDERSON FOR HIS TRULY OUTSTANDING SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THE ANNOUNCEMENT OF HIS RETIREMENT.

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

H. 5037 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JOHN W. TUCKER, JR., OF ANDERSON COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS TWELVE YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA.

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

H. 5038 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DECISION OF THE HONORABLE PATRICK BRADLEY HARRIS OF ANDERSON COUNTY NOT TO OFFER FOR REELECTION AFTER TWENTY-EIGHT YEARS OF CONTINUOUS SERVICE IN THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS ON THE OCCASION OF HIS RETIREMENT.

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

H. 5040 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE HIS EXCELLENCY TENG HUI LEE, PRESIDENT OF TAIWAN, REPUBLIC OF CHINA, UPON HIS UPCOMING INAUGURATION ON MAY 20, 1996, WHICH MARKS THE FIRST INAUGURATION OF A FREELY ELECTED PRESIDENT OF TAIWAN.

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


Printed Page 2883 . . . . . Tuesday, May 21, 1996

H. 5042 -- Rep. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING JAMES WILLIAM MCNEILL III OF AIKEN COUNTY FOR BEING CHOSEN THE 1995-96 TEACHER OF THE YEAR.

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

H. 5044 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION COMMENDING JANE DAVIS GRIFFIN, DIRECTOR OF THE LEXINGTON COUNTY PUBLIC LIBRARY SYSTEM, FOR HER MANY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF LEXINGTON COUNTY AND WISHING HER MUCH HAPPINESS FOLLOWING HER RETIREMENT.

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

H. 5047 -- Reps. Robinson, Trotter and Rice: A CONCURRENT RESOLUTION TO THANK THE HONORABLE CLAUDE VANCE MARCHBANKS FOR HIS LEADERSHIP, DEDICATED SERVICE, AND HIS UNWAVERING COMMITMENT TO THE GENERAL ASSEMBLY AND TO EXTEND BEST WISHES IN ALL HIS FUTURE ENDEAVORS.

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

H. 5048 -- Reps. J. Brown and Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE M. MCLAUGHLIN FOR BEING ELECTED AS THE FIRST AFRICAN-AMERICAN SOUTH CAROLINA DEPARTMENT COMMANDER OF THE AMERICAN LEGION AND TO EXTEND BEST WISHES FOR MUCH CONTINUED SUCCESS IN HIS FUTURE ENDEAVORS.

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

H. 5049 -- Reps. J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. WILLIAM LARK FOR BEING ELECTED THE FIRST AFRICAN-AMERICAN STATE COMMANDER OF THE VETERANS OF FOREIGN WARS FOR THE STATE OF SOUTH CAROLINA AND TO ACKNOWLEDGE HIS OTHER OUTSTANDING ACHIEVEMENTS.

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


Printed Page 2884 . . . . . Tuesday, May 21, 1996

H. 5050 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING ELECTRIC CITY PRINTING COMPANY OF ANDERSON ON BEING AWARDED THE CONTRACTS TO PRINT COMPETITION NUMBERS FOR THE 1996 OLYMPICS AND FOR THE 1996 ATLANTA PARALYMPIC GAMES.

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

REPORTS OF STANDING COMMITTEES

Senator SALEEBY from the Committee on Banking and Insurance polled out H. 4396 with no report:

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.

Poll of the Banking and Insurance Committee on H. 4396

Ayes 11; Nays 0; Not Voting 7

AYES
Saleeby              McConnell            Setzler
Matthews             Courtney             Patterson
Passailaigue         Reese                Russell
Jackson              Rankin
TOTAL--11

NAYS
TOTAL--0

NOT VOTING
Leatherman Courson Thomas Rose Hayes Elliott Martin
TOTAL--7


Printed Page 2885 . . . . . Tuesday, May 21, 1996

Ordered for consideration tomorrow.

Senator WILSON from the General Committee submitted a favorable with amendment report on:

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.

Ordered for consideration tomorrow.

CONCURRENCE

S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.

The House returned the Bill with amendments.

On motion of Senator PEELER, 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. 1084 -- Judiciary Committee: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BEER AND WINE, BY ADDING CHAPTERS 2, 4, 6, 8, 10, AND 12 SO AS TO PROVIDE FOR THE REGULATION, TRANSPORTATION, POSSESSION, CONSUMPTION, LICENSING, SALE, AND PENALTIES REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND TO MAKE CERTAIN TECHNICAL CHANGES; BY ADDING SECTION 12-33-245 SO AS TO PROVIDE FOR THE RATE AT WHICH MINIBOTTLES MUST BE TAXED; BY ADDING SECTION 12-33-475 SO AS TO PROVIDE FOR THE TAX EXEMPTION OF ALCOHOLIC LIQUORS SOLD TO THE UNITED STATES GOVERNMENT INSTRUMENTALITY FOR MILITARY PURPOSES; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO THE DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL


Printed Page 2886 . . . . . Tuesday, May 21, 1996

GOVERNMENT FUND, SO AS TO CHANGE A CODE REFERENCE; AND TO REPEAL CHAPTERS 1, 3, 5, 7, 9, 11, AND 13 OF TITLE 61, RELATING TO GENERAL PROVISIONS REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND LICENSES, ALCOHOLIC BEVERAGE CONTROL ACT, REGULATION OF THE TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES; IMPORTATION OF ALCOHOLIC BEVERAGES, BEER, WINE, ALE, PORTER, ALCOHOL; AND NUISANCES AND ENFORCEMENT.

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

H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.

The House returned the Bill with amendments.

On motion of Senator McCONNELL, 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. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN


Printed Page 2887 . . . . . Tuesday, May 21, 1996

AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.

The House returned the Bill with amendments.

Senator LAND explained the amendments.

On motion of Senator LAND, 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.

HOUSE CONCURRENCE

S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1420 -- Senators Courson, Holland, Saleeby, Land, Setzler, McConnell, Moore, Bryan, Thomas, Wilson, Passailaigue, Hayes, Courtney, Cork, Gregory, Rankin, Richter, Greg Smith, Waldrep, Boan, Fair and Hutto: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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


Printed Page 2888 . . . . . Tuesday, May 21, 1996

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.

H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH


Printed Page 2889 . . . . . Tuesday, May 21, 1996

CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.

H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.

THIRD READING BILL

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

S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD4589.001), which was adopted:

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


| Printed Page 2870, May 21 | Printed Page 2890, May 21 |

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