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 290, Jan. 30 | Printed Page 310, Jan. 31 |

Printed Page 300 . . . . . 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 Justice Fellowship to attend a breakfast at the Capital City Club on Wednesday, February 14, 1996, from 7:30 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 301 . . . . . 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 S.C. Association of Counties to attend a reception at the Embassy Suites on Wednesday, February 14, 1996, from 6:00 until 7:30 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

CONCURRENCE

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION.

The House returned the Bill with amendments.


Printed Page 302 . . . . . Tuesday, January 30, 1996

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

S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.

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.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE


Printed Page 303 . . . . . Tuesday, January 30, 1996

PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

THIRD READING BILL

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

S. 823 -- Senators Wilson, Stilwell, Jackson, Martin and Lander: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL COURT MAY ORDER RESTITUTION IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 922 -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.

Senator WILSON explained the Bill.


Printed Page 304 . . . . . Tuesday, January 30, 1996

SECOND READING BILLS

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 1067 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTH OF JANUARY, 1996, BY THE STUDENTS OF ANY SCHOOL OF SCHOOL DISTRICT 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 1067--Ordered to a Third Reading

On motion of Senator REESE, S. 1067 was ordered to receive a third reading on Wednesday, January 31, 1996.

H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

H. 3161--Ordered to a Third Reading

On motion of Senator REESE, H. 3161 was ordered to receive a third reading on Wednesday, January 31, 1996.

H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn and D. Smith: A BILL TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.

H. 4473--Ordered to a Third Reading

On motion of Senator REESE, H. 4473 was ordered to receive a third reading on Wednesday, January 31, 1996.


Printed Page 305 . . . . . Tuesday, January 30, 1996

ADOPTED

S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

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

ADOPTED

H. 4446 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DANIEL A. LUDWIG OF MINNESOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 20, 1996.

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

CARRIED OVER

S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.

On motion of Senator GIESE, the Bill was carried over.

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL


Printed Page 306 . . . . . Tuesday, January 30, 1996

SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

On motion of Senator GIESE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator DRUMMOND, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

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

On motion of Senator DRUMMOND, the Bill was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING,


Printed Page 307 . . . . . Tuesday, January 30, 1996

DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.

On motion of Senator DRUMMOND, the Bill was carried over.

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

AMENDMENT PROPOSED, CARRIED OVER

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

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


Printed Page 308 . . . . . Tuesday, January 30, 1996

Amendment No. 1

Senator McCONNELL proposed the following Amendment No. 1 (JUD0144.002):

Amend the bill, as and if amended, page 1, line 26, in Section 7-5-30, as contained in SECTION 1, by striking line 26 in its entirety and inserting therein the following:

/shall must be at a building located in the county and at the county seat whenever possible and practical, and they shall must/

Amend title to conform.

On motion of Senator DRUMMOND, the Bill was carried over.

LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Colleton County Delegation, the following appointments were confirmed in open session:

Reappointments, Colleton County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

Ms. Eva R. Huggins, Route 2, Box 54-I, Yemassee, S.C. 29945

Ms. Lorraine W. Green, Post Office Box 586, Walterboro, S.C. 29488

MOTION ADOPTED

On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Frank Howard, former football coach and Athletic Director of Clemson University, Clemson, S.C.

ADJOURNMENT

At 12:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 309 . . . . . Wednesday, January 31, 1996

Wednesday, January 31, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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, hear the Psalmist who gives us a word for every age... Psalm 27 (v. 11) (NRSV):

"Teach me Your way, O Lord,

and lead me on a level path..."
Let us pray.

Our Father, we beseech Your blessing upon our long-time friend, Leroy Cain, who is having open heart surgery this morning at Richland Memorial. Guide, we pray, the hands of the surgeons that they may be Your instruments for Leroy's healing.

We daily sense the responsibility of our decisions in this Chamber, the consequences of which are felt throughout our countrysides, our towns, and our beloved State.

As we express our own ideas, and take our own personal positions on issues, we know there are those who may differ with us.

Help us to listen to each other, if, perhaps, we may learn from each other.

But, most of all, we pray that each of us may be humble enough to realize that there may be a higher position than the ones we espouse... even Yours, Lord!

Amen.

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

Leave of Absence

On motion of Senator PASSAILAIGUE, at 11:00 A.M., Senator GREGORY was granted a leave of absence for today.

RECALLED FROM LEGISLATIVE COUNCIL

CONCURRENCE RECONSIDERED

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH


Printed Page 310 . . . . . Wednesday, January 31, 1996

CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION.


| Printed Page 290, Jan. 30 | Printed Page 310, Jan. 31 |

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