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 280, Jan. 25 | Printed Page 300, Jan. 30 |
Printed Page 290 . . . . . Tuesday, January 30, 1996
Statewide Appointments

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1996, and to expire June 30, 2002:

At-Large:

Ms. Ann M. Mickle, 2223 Lincoln Street, Columbia, S.C. 29201 VICE Mary Montgomery Elliott

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Public Service Authority, with term to commence May 19, 1992, and to expire May 19, 1999:

1st Congressional District:

Mrs. Juanita W. Brown, 2311 Portside Way, Charleston, S.C. 29407 VICE W. Melvin Brown (deceased)

Referred to the General Committee.

Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 1996, and to expire June 30, 2000:

5th Congressional District:

Mrs. Judy M. Hamrick, 202 Union Street, Gaffney, S.C. 29340

Referred to the General Committee.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1901
Promulgated by Department of Health and Environmental Control
NPDES Permits
Received by Lt. Governor January 24, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 24, 1996

Doctor of the Day

Senator LEATHERMAN introduced Dr. Steve Imbeau of Florence, S.C., Doctor of the Day.

Printed Page 291 . . . . . Tuesday, January 30, 1996
Point of Personal Interest

Senator LANDER rose to a Point of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1069 -- Senators Wilson and Leventis: A BILL TO ENACT THE "SAFE DRIVER'S RESPONSIBILITY ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-738 SO AS TO PROVIDE THAT A LICENSED DRIVER SHALL RECEIVE ONE SAFE DRIVER CREDIT FOR EACH YEAR IN WHICH HE RECEIVES NO POINTS UNDER SECTION 56-1-720, PROVIDE FOR A MAXIMUM NUMBER OF SAFE DRIVER CREDITS, PROVIDE FOR A REDUCTION IN THE MOTOR VEHICLE INSURANCE RECOUPMENT FEE BASED ON SAFE DRIVER CREDITS, LIMIT THE IMPOSITION OF MERIT RATING PLAN POINTS OR SURCHARGE POINTS, AND PROVIDE A PROCEDURE FOR THE ATTACHMENT OF LIABILITY INSURANCE COVERAGE DIRECTLY TO AN INSURED'S DRIVER'S LICENSE, RATHER THAN HIS MOTOR VEHICLE, AND FOR THE PRESENTATION OF PROOF OF SUCH COVERAGE, THE SUSPENSION OF THE DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, AND RELATED MATTERS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1070 -- Senator Rose: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD TO DEVELOP A UNIFORM GRADING SYSTEM WHICH MUST BE USED IN ALL ELEMENTARY AND SECONDARY SCHOOLS OF THE PUBLIC SCHOOL SYSTEM OF THIS STATE BEGINNING WITH SCHOOL YEAR 1996-97.

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

S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY

Printed Page 292 . . . . . Tuesday, January 30, 1996
CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

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

S. 1072 -- Senators Matthews, Washington, Ford and Glover: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR HANDICAPPED PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN ACCORDANCE WITH FEDERAL HOUSING LAW.

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

S. 1073 -- Senator McGill: A BILL TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.

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

S. 1074 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO ALLOW UNDER CERTAIN CONDITIONS THE PURCHASE OF CERTAIN LEASEHOLD PROPERTY FROM A PUBLIC UTILITY AT THE 1980 APPRAISED VALUE OF THE PROPERTY AND DEFINE "PUBLIC UTILITY" FOR THE PURPOSES OF THIS SECTION.

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

S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.

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

Printed Page 293 . . . . . Tuesday, January 30, 1996
S. 1076 -- Senators Martin, Drummond, Ford, O'Dell, Mescher, Courson, Leatherman, Peeler, McGill, Reese, Ryberg, Alexander, Leventis, Cork, Gregory, Russell and Lander: A BILL TO AMEND SECTION 15-36-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO PROVIDE THAT A PERSON IS LIABLE UNDER THIS SECTION WHENEVER A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR A DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IS GRANTED IN FAVOR OF A PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS; TO AMEND SECTION 15-36-20, RELATING TO FACTORS SUPPORTING A FINDING THAT AN ACTION WAS PURSUED FOR A PROPER PURPOSE, TO PROVIDE A PURPOSE SHALL NOT BE FOUND IF A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR A DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IS GRANTED IN FAVOR OF THE PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS; AND TO AMEND SECTION 15-36-40, RELATING TO THE BURDEN OF PROVING THAT AN ACTION IS FRIVOLOUS, TO PROVIDE THAT THE GRANTING OF A MOTION TO DISMISS FOR FAILURE TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, A MOTION FOR SUMMARY JUDGMENT, A MOTION FOR DIRECTED VERDICT, OR A MOTION FOR AN INVOLUNTARY NONSUIT IN FAVOR OF THE PERSON SEEKING AN ASSESSMENT OF THE FEES AND COSTS SHALL SATISFY THE BURDEN PROVIDED FOR IN THIS SECTION.

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

S. 1077 -- Senator Ryberg: A BILL TO AMEND SECTION 40-75-40 OF THE 1976 CODE, RELATING TO INVESTIGATIONS AND ENFORCEMENT POWERS OF THE BOARD, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 40-75-70 OF THE 1976 CODE, RELATING TO THE CRIME OF FALSELY CLAIMING A GRANT OF LICENSE TO ACT AS A PROFESSIONAL COUNSELOR OR MARITAL AND FAMILY THERAPIST, SO AS TO ALSO MAKE IT UNLAWFUL TO USE CERTAIN ACRONYMS, TO ACT AS A LICENSED PROFESSIONAL COUNSELOR, LICENSED

Printed Page 294 . . . . . Tuesday, January 30, 1996
ASSOCIATE COUNSELOR, OR LICENSED MARITAL AND FAMILY THERAPIST WITHOUT FIRST OBTAINING A LICENSE ISSUED BY THE BOARD, AND TO OBTAIN OR ATTEMPT TO OBTAIN A LICENSE UNDER THIS CHAPTER BY PRESENTING FALSE OR FORGED EVIDENCE OF QUALIFICATIONS OR OTHER FRAUDULENT REPRESENTATION, AND TO INCREASE THE PENALTIES; TO AMEND CHAPTER 75, TITLE 40, BY ADDING SECTION 40-75-95, SO AS TO PROVIDE EXEMPTIONS TO THE LICENSE REQUIREMENT; TO AMEND SECTION 40-75-140 OF THE 1976 CODE, RELATING TO THE DISPLAY OF THE LICENSE ISSUED UNDER CHAPTER 75, SO AS TO REQUIRE THE LICENSE TO BE DISPLAYED AT EACH LOCATION AT WHICH THE LICENSEE PRACTICES HIS PROFESSION RATHER THAN ONLY IN HIS PLACE OF PRACTICE; TO AMEND SECTION 40-75-160 OF THE 1976 CODE, RELATING TO COMPLAINTS AND INVESTIGATIONS BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ALSO INVESTIGATE PERSONS WHO HAVE UNLAWFULLY ASSUMED TO ACT AS A LICENSEE AND TO RECODIFY CERTAIN PROVISIONS PREVIOUSLY CODIFIED IN SECTION 40-75-40; TO AMEND CHAPTER 75, TITLE 40 OF THE 1976 CODE, BY ADDING SECTION 40-75-165 SO AS TO REQUIRE THE BOARD BY REGULATION TO ESTABLISH METHODS OF NOTIFYING SERVICE RECIPIENTS OF HOW TO DIRECT COMPLAINTS TO THE BOARD; AND TO AMEND SECTION 40-75-200 OF THE 1976 CODE, RELATING TO A CLIENT'S RIGHT TO DISCLOSURE OF LICENSEE'S PROFESSIONAL QUALIFICATIONS, SO AS TO REQUIRE THE DISCLOSURE TO BE MADE PRIOR TO IMPOSITION OF A FEE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1078 -- Senator Land: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING DR. ALICE STUCKEY GRAVES, ONE OF LEE COUNTY'S OUTSTANDING CITIZENS, FOR HER ACCOMPLISHMENTS AND HER CONTRIBUTIONS TO THE SUCCESS OF HER COMMUNITY.

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

H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH

Printed Page 295 . . . . . Tuesday, January 30, 1996
CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

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

H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.

Read the first time and referred to the Committee on Fish, Game and Forestry.

Printed Page 296 . . . . . Tuesday, January 30, 1996
H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.

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

H. 4284 -- Reps. McAbee and Harrison: A BILL TO AMEND SECTION 15-49-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A NAME CHANGE, SO AS TO REQUIRE THE PERSON TO SUBMIT A CERTIFIED COPY OF HIS BIRTH CERTIFICATE AND TO PROHIBIT PETITIONING FOR A NAME CHANGE IF THE PERSON IS INCARCERATED, ON PROBATION, OR PAROLE.

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

H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4491 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL

Printed Page 297 . . . . . Tuesday, January 30, 1996
SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

REPORTS OF STANDING COMMITTEE

Invitations Accepted

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

An invitation from S.C. Broadcasters Association to attend a breakfast reception in #208 Blatt Bldg. on Thursday, February 1, 1996, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         McGill
TOTAL--8

NAYS
TOTAL--0




NOT VOTING

Matthews             Rose

TOTAL--2



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


An invitation from S.C. Pest Control Association to attend a reception at the Sheraton Hotel on Tuesday, February 6, 1996, from 6:30 until 8:00 P.M.



Printed Page 298 . . . . . Tuesday, January 30, 1996




Poll of the Invitations Committee




Ayes 8; Nays 0; Not Voting 2




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         McGill

TOTAL--8




NAYS


TOTAL--0




NOT VOTING

Matthews             Rose

TOTAL--2



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


An invitation from S.C. Congress of Parents and Teachers to attend a breakfast drop-in in #208 Blatt Bldg. on Wednesday, February 7, 1996, from 7:00 until 9:00 A.M.



Poll of the Invitations Committee




Ayes 8; Nays 0; Not Voting 2




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         McGill

TOTAL--8




NAYS




TOTAL--0




Printed Page 299 . . . . . Tuesday, January 30, 1996




NOT VOTING


Matthews             Rose

TOTAL--2



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


An invitation from Town House Association, Inc., to attend an oyster roast/Beaufort stew at the Clarion Town House on Wednesday, February 7, 1996, from 6:00 until 8:00 P.M.



Poll of the Invitations Committee




Ayes 8; Nays 0; Not Voting 2




AYES


Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         McGill

TOTAL--8




NAYS


TOTAL--0




NOT VOTING

Matthews             Rose

TOTAL--2



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


An invitation from S.C. Farm Bureau Federation to attend a dinner at the Moore Bldg. (Fairgrounds) on Tuesday, February 13, 1996, from 6:00 until 7:15 P.M.




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 | Printed Page 300, Jan. 30
 | 




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