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 2890, May 21 | Printed Page 2910, May 21 |
Printed Page 2900 . . . . . Tuesday, May 21, 1996
8. Judicial Department. . . . .

Rotation Travel. . . . .850,000
9. Department of Agriculture

Vehicles and Roof Repairs. . . . .452,000
10. Prosecution Coordination Commission

Judicial Circuit - State Support. . . . .614,053
11. State Board for Technical and

Comprehensive Education

Special Schools. . . . .4,000,000
12. Department of Public Education -

Fringe Equity. . . . .8,500,000
The $8,500,000 allocated to the State Department of Education for Public Education - Fringe Equity must not be expended in Fiscal Year 1995-96, but must be carried forward to Fiscal Year 1996-97 and distributed to school districts in accordance with Section 59-21-170 of the Code of Laws of South Carolina, 1976.
13. Department of Corrections

Vehicles/Maintenance of

Equipment. . . . .2,000,000
14. Forestry Commission

Pine Beetle Eradication. . . . .200,000

H. Cooper Black Field Trial

Area. . . . .100,000
15. Clemson PSA Contractual Services. . . . .300,000
16. USC Law School

Research Materials and Equipment. . . . .330,000
17. Budget and Control Board

Infrastructure Revolving

Loan Fund. . . . .6,866,101
18. Department of Health and

Environmental Control

Midlands Area Rape Crisis Network Rent. . . . .11,538
19. State Department of Education

Instructional Materials. . . . .1,200,000
20. Division of Veterans Affairs -

Office of the Governor

Women in Military Service Memorial. . . . .35,000
21. Department of Health and

Environmental Control

Office of Ocean Resource Management. . . . .125,000

Printed Page 2901 . . . . . Tuesday, May 21, 1996
Of the money appropriated for the Department of Health and Environmental Control, Office of Ocean Resource Management, $90,000 shall be used for the Sullivan's Island Beach Stabilization Project and $35,000 shall be used for the Hamlin Creek Extension Restoration Project.
. . . . .
Total . . . . .90,584,073

SECTION 2. With respect to appropriations in Section 1 of this joint resolution:

(1) Appropriations in Section 1 are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.

(2) Unexpended funds may be carried forward to succeeding fiscal years and used for the same purposes.

SECTION 3. This joint resolution takes effect upon approval by the Governor./

Amend totals and title to conform.

Amendment No. 1

Senator DRUMMOND proposed the following Amendment No. 1 (4425R001.JWD), which was adopted:

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

/SECTION 1. From fiscal year 1994-95 surplus revenues, the following sum is appropriated for the following purpose:

Budget and Control Board

Project Supervisory Committee
State House Renovation. . . . .$10,000,000

SECTION 2. With respect to appropriations in Section 1 of this joint resolution any unexpended funds may be carried forward to succeeding fiscal years and used for the same purposes.

SECTION 3. This joint resolution takes effect upon approval by the Governor./

Amend title to conform.

Senator DRUMMOND explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.

Printed Page 2902 . . . . . Tuesday, May 21, 1996
H. 4425--Ordered to a Third Reading

On motion of Senator DRUMMOND, with unanimous consent, H. 4425 was ordered to receive a third reading on Wednesday, May 22, 1996.

Sense of the Senate Adopted

Senator DRUMMOND moved for a Sense of the Senate that the provisions regarding full day kindergarten in the version of H. 4600 as passed by the Senate be the position of the Senate conferees.

By assent of 30 members, the motion was adopted.

Senator DRUMMOND spoke on the property tax provision in the version of H. 4425 as passed by the Senate.

Senator PASSAILAIGUE spoke on the matter.

Senator HOLLAND spoke on the matter.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Printed Page 2903 . . . . . Tuesday, May 21, 1996
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator LAND argued contra to the Bill.

With Senator LAND retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess until 5:30 P.M.

On motion of Senator DRUMMOND, debate was interrupted by recess with Senator LAND retaining the floor.

RECESS

At 1:52 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 5:30 P.M.

NIGHT SESSION

The Senate reassembled at 5:35 P.M. and was called to order by the PRESIDENT.

RECALLED

H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

Printed Page 2904 . . . . . Tuesday, May 21, 1996
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar.

RECALLED

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

RECALLED

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE

Printed Page 2905 . . . . . Tuesday, May 21, 1996
AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

RECALLED

H. 4991 -- Reps. Cain and Cromer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES FOREST SERVICE TO DENY A PERMIT APPLICATION TO CONDUCT MINERAL PROSPECTING OPERATIONS ON PUBLIC LANDS IN THE UPPER CHAUGA RIVER WATERSHED.

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

There was no objection.

On motion of Senator ALEXANDER, with unanimous consent, the Resolution was ordered placed on the Calendar.

Printed Page 2906 . . . . . Tuesday, May 21, 1996
REPORTS OF STANDING COMMITTEE

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 942 -- Senators Giese, Wilson, Elliott and Reese: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable report on:

H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO

Printed Page 2907 . . . . . Tuesday, May 21, 1996
AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 21, 1996
Mr. President and Senators:

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

H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 22, 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 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.
Very respectfully,
Speaker of the House

Received as information.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Printed Page 2908 . . . . . Tuesday, May 21, 1996
SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY
Printed Page 2909 . . . . . Tuesday, May 21, 1996
FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators GREG SMITH and RANKIN proposed the following amendment (4834R001.GS), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION . A. Section 12-6-1140 of the 1976 Code, as last amended by an act of 1996 bearing ratification number 382, is further amended by deleting the unnumbered item added by Section 2 of that act, which reads:

"( ) Bingo prizes and winnings as allowed under the game of bingo provided in Article 24, Chapter 21 of this title."

B. Article 24, Chapter 21, Title 12 of the 1976 Code, as added by an act of 1996 bearing ratification number 382, is amended by adding:

"Section 12-21-3955. If a nonprofit organization intending to operate a Class AA or B license does not contract with an outside promoter, the organization shall designate a member as the promoter."

C. Section 12-21-4000(5) of the 1976 Code, as added by an act of 1996 bearing ratification number 382, is amended to read:

"(5) Reserved Before the start of play, the caller shall announce to all players the prize to be awarded for that game."

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