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 320, Jan. 31 | Printed Page 340, Jan. 31 |

Printed Page 330 . . . . . Wednesday, January 31, 1996

number of the board. No person licensed under this chapter may charge a client or receive remuneration for professional counseling or marital and family therapy services unless, prior to the performance of those services, the client is furnished a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, the services offered, the fee schedule, the licensee's educational training and professional credentials, the address and telephone number of the board, and such other provisions required by the board."/

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

CARRIED OVER

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

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

On motion of Senator J. VERNE SMITH, the Bill was carried over.

AMENDMENT PROPOSED, CARRIED OVER

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE


Printed Page 331 . . . . . Wednesday, January 31, 1996

VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

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

Amendment No. 1

Senators LAND and SALEEBY proposed the following Amendment No. 1 (S-INS-001):

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

/SECTION______. The last paragraph of Section 38-77-950 as amended by Act 181 of 1993, is further amended to read:

"Total direct cedeable written premiums as used in this section do not include premiums attributable to risks ceded to the South Carolina Reinsurance Facility that do not qualify for the safe driver discount in Section 38-73-760(e) for twenty-four months following October 1, 1993, 1995."

Amend sections to conform.

Amend title to conform.

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

CARRIED OVER

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.

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.


Printed Page 332 . . . . . Wednesday, January 31, 1996

COMMITTEE AMENDMENT ADOPTED, READ THE SECOND TIME WITH NOTICE OF GENERAL AMENDMENTS

S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.

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

The Committee on Transportation proposed the following amendment (DKA\3717CM.95), which was adopted:

Amend the bill, as and if amended, Section 57-3-665, SECTION 1, page 1, by inserting after /facilities/ on line 24 /if considered necessary by the department/.

When amended the section reads:

/"Section 57-3-665. The South Carolina Department of Transportation shall construct and maintain turning lanes used for entering and exiting secondary public education facilities if considered necessary by the department. The construction and maintenance work by the department must be paid for from the state highway fund."/

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

READ THE SECOND TIME WITH NOTICE OF GENERAL AMENDMENTS

S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A


Printed Page 333 . . . . . Wednesday, January 31, 1996

FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.

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

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

CARRIED OVER

S. 742 -- Senator Matthews: A BILL TO AMEND TITLE 59, CHAPTER 127, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO CREATE A SPECIAL SCHOOL DISTRICT AT SOUTH CAROLINA STATE UNIVERSITY, THE FELTON LABORATORY SCHOOL DISTRICT, TO ESTABLISH ITS BOARD AND THE BOARD'S DUTIES AND FUNCTIONS, AND TO PROVIDE FOR FUNDING FOR THE DISTRICT AS PREVIOUSLY APPROPRIATED TO THE FELTON LABORATORY SCHOOL.

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

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

CARRIED OVER

S. 325 -- Senators Hayes and Wilson: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.


Printed Page 334 . . . . . Wednesday, January 31, 1996

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

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

CARRIED OVER

S. 320 -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY BY ORDINANCE IMPOSE A FEE ON THE TRANSFER OF REAL PROPERTY, AND TO PROVIDE CERTAIN CONDITIONS UNDER WHICH THE FEE MAY BE IMPOSED.

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

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

CARRIED OVER

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

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

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

DEBATE ADJOURNED

S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST


Printed Page 335 . . . . . Wednesday, January 31, 1996

ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senator LANDER moved to carry over the Bill.

Senator McCONNELL moved to table the motion to carry over.

The motion to carry over the Bill was laid on the table.

Senator McCONNELL spoke on the Bill.

Senator McCONNELL moved to adjourn debate on the Bill.

Debate was adjourned on the Bill.

RECESS

At 11:55 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purposes of attending the Joint Assembly.

JOINT ASSEMBLY

Election to the Employment Security Commission

At Twelve O'clock Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:


Printed Page 336 . . . . . Wednesday, January 31, 1996

S. 1006 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 31, 1996, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1996.

Senator SALEEBY, on behalf of the Joint Legislative Screening Committee to Review Candidates for the S.C. Employment Security Commission, stated that Mr. John E. Bonaparte, Jr., Mr. C.D. Chamblee, Mr. Samuel R. Foster, Mr. J. William McLeod, Ms. Kathleen Riley, Joseph B. Rosen, Mr. John J. Snow, Jr., and Ms. Carole C. Wells had been screened and found qualified.

Senator SALEEBY placed the names of Mr. John E. Bonaparte, Jr., Mr. C.D. Chamblee, Mr. Samuel R. Foster, Mr. J. William McLeod, Ms. Kathleen Riley, Joseph B. Rosen, and Ms. Carole C. Wells in nomination.

On motion of Senator SALEEBY, the name of Mr. John J. Snow, Jr., was withdrawn from consideration.

Rep. Allison nominated Ms. Carole C. Wells.

Senator HAYES nominated Mr. Samuel R. Foster.

Rep. Felder nominated Mr. J. William McLeod.

The nomination was seconded.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Bonaparte:

TOTAL--0

The following named Senators voted for Mr. Chamblee:

Alexander            Bryan                Drummond
Fair                 Hayes                Martin
McConnell            Mescher              O'Dell
Passailaigue         Richter              Ryberg
Saleeby              Short                Thomas
Waldrep              

Printed Page 337 . . . . . Wednesday, January 31, 1996

TOTAL--16

The following named Senators voted for Mr. Foster:

Alexander            Boan                 Bryan
Cork                 Courtney             Drummond
Elliott              Fair                 Ford
Glover               Hayes                Holland
Jackson              Land                 Lander
Leatherman           Martin               Matthews
McGill               Moore                O'Dell
Passailaigue         Peeler               Rankin
Reese                Rose                 Russell
Ryberg               Saleeby              Setzler
Short                Smith, J.V.          Waldrep
Washington
TOTAL--34

The following named Senators voted for Mr. McLeod:

Boan                 Bryan                Cork
Courson              Courtney             Drummond
Elliott              Ford                 Giese
Glover               Hayes                Holland
Jackson              Land                 Lander
Leatherman           Martin               Matthews
McConnell            McGill               Mescher
Moore                O'Dell               Passailaigue
Peeler               Rankin               Reese
Richter              Rose                 Russell
Ryberg               Saleeby              Setzler
Short                Smith, J.V.          Thomas
Waldrep              Washington           Wilson
TOTAL--39

The following named Senators voted for Ms. Riley:

Courson
TOTAL--1
Printed Page 338 . . . . . Wednesday, January 31, 1996

The following named Senators voted for Mr. Rosen:
Courson             Giese               Jackson
Setzler             Wilson
TOTAL--5

The following named Senators voted for Ms. Wells:

Alexander            Boan                 Cork
Courtney             Elliott              Fair
Ford                 Giese                Glover
Holland              Land                 Lander
Leatherman           Matthews             McConnell
McGill               Mescher              Moore
Peeler               Rankin               Reese
Richter              Rose                 Russell
Smith, J.V.          Thomas               Washington
Wilson
TOTAL--28

On motion of Rep. Felder, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Bonaparte:

Total--0

The following named Representatives voted for Mr. Chamblee:

Allison              Baxley               Brown, G.
Brown, H.            Brown, J.            Cain
Carnell              Cato                 Cooper
Cotty                Dantzler             Davenport
Easterday            Elliott              Fleming
Fulmer               Hallman              Harrell
Harrison             Harvin               Haskins
Herdklotz            Howard               Hutson
Jennings             Keegan               Kelley
Kinon                Kirsh                Knotts
Koon                 Lanford              Limehouse
Littlejohn           Loftis               Marchbanks
Martin               Mason                McAbee

Printed Page 339 . . . . . Wednesday, January 31, 1996

McKay                Meacham              Phillips
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Sharpe               Smith, R.            Stille
Stoddard             Thomas               Townsend
Tripp                Trotter              Tucker
Walker               Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell       
Total--64

The following named Representatives voted for Mr. Foster:

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, G.            Brown, J.
Brown, T.            Byrd                 Canty
Carnell              Cave                 Clyburn
Cobb-Hunter          Cotty                Cromer
Delleney             Elliott              Felder
Gamble               Govan                Harris, J.
Harris, P.           Harvin               Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Inabinett            Jaskwhich
Jennings             Keegan               Kennedy
Keyserling           Kinon                Kirsh
Law                  Lee                  Limbaugh
Martin               McAbee               McCraw
McElveen             McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Quinn
Rhoad                Richardson           Rogers
Scott                Sheheen              Shissias
Simrill              Spearman             Stille
Stoddard             Stuart               Thomas
Tucker               Vaughn               Waldrop
Whatley              Whipper, L.          Whipper, S.
White                Wilder               Williams
Worley               
Total--76


| Printed Page 320, Jan. 31 | Printed Page 340, Jan. 31 |

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