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 330, Jan. 31 | Printed Page 350, Feb. 1 |

Printed Page 340 . . . . . Wednesday, January 31, 1996

The following named Representatives voted for Mr. McLeod:
Anderson             Askins               Bailey
Baxley               Boan                 Breeland
Brown, H.            Brown, J.            Brown, T.
Byrd                 Cain                 Canty
Carnell              Cato                 Cave
Clyburn              Cobb-Hunter          Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Elliott
Felder               Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harris, P.
Harrison             Harvin               Haskins
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jaskwhich            Jennings             Kelley
Kennedy              Keyserling           Kinon
Knotts               Koon                 Lanford
Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Martin               Mason
McAbee               McCraw               McElveen
McKay                McMahand             McTeer
Moody-Lawrence       Neal                 Neilson
Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Rogers               Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Smith, D.
Smith, R.            Spearman             Stuart
Townsend             Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Whatley              Whipper, S.
White                Wilder               Wilkins
Williams             Witherspoon          Wofford
Worley               Wright               Young
Young-Brickell       
Total--106


Printed Page 341 . . . . . Wednesday, January 31, 1996

The following named Representatives voted for Ms. Riley:
Total--0

The following named Representatives voted for Mr. Rosen:

Cromer               Gamble               Govan
Hodges               Rogers               Shissias
Smith, D.
Total--7

The following named Representatives voted for Ms. Wells:

Allison              Anderson             Askins
Bailey               Boan                 Breeland
Brown, G.            Brown, H.            Brown, T.
Byrd                 Cain                 Canty
Cato                 Cave                 Clyburn
Cobb-Hunter          Dantzler             Davenport
Delleney             Easterday            Felder
Fleming              Fulmer               Hallman
Harrell              Harris, J.           Harrison
Haskins              Herdklotz            Hines, J.
Hines, M.            Hutson               Inabinett
Jaskwhich            Keegan               Kelley
Kennedy              Kirsh                Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McCraw               McElveen
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Quinn                Rhoad
Rice                 Riser                Robinson
Sandifer             Scott                Seithel
Sharpe               Sheheen              Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Tripp
Trotter              Waldrop              Walker
Whatley              Whipper, L.          Whipper, S.
White                Wilder               Wilkins

Printed Page 342 . . . . . Wednesday, January 31, 1996

Williams             Witherspoon          Wofford
Worley               Wright               Young
Young-Brickell       
Total--94

RECAPITULATION

Total number of Senators voting. . . . .41
Total number of Representatives voting. . . . .118
Grand Total. . . . .159
Necessary to a choice. . . . .80
Of which Mr. Bonaparte received. . . . .0
Of which Mr. Chamblee received. . . . .80
Of which Mr. Foster received. . . . .110
Of which Mr. McLeod received. . . . .145
Of which Ms. Riley received. . . . .1
Of which Mr. Rosen received. . . . .12
Of which Ms. Wells received. . . . .122

Whereupon, the PRESIDENT announced that the Honorable Samuel R. Foster, the Honorable J. William McLeod and the Honorable Carole C. Wells were duly elected to the South Carolina Employment Security Commission for the terms prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:42 P.M., the Senate resumed.

STATEWIDE APPOINTMENTS

Confirmations

Having received a favorable report from the Committee on Judiciary, on motion of Senator HOLLAND, the following appointments were confirmed in open session:

Reappointment, Director of the Department of Public Safety, with term to commence February 1, 1996, and to expire February 1, 2000:

Mr. B. Boykin Rose, Director, Department of Public Safety, 5400 Broad River Road, Columbia, S.C. 29210


Printed Page 343 . . . . . Wednesday, January 31, 1996

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence April 27, 1995, and to expire April 27, 1997:

Chairman:

The Honorable Thomas M. Marchant, III, Post Office Box 816, Greenville, S.C. 29602 VICE Vernon F. Dunbar (resigned)

Reappointment, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

1st Congressional District:

Mr. Darrel W. Givens, 82 Brisbane Drive, Charleston, S.C. 29407

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

At-Large:

Mr. G. Bryan Lyndon, 3001 Barefoot Trail, Anderson, S.C. 29621

Having received a favorable report from the General Committee, on motion of Senator WILSON, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

1st Congressional District:

Ms. E. Lynn W. Smith, 1284 Calais Drive, Mt. Pleasant, S.C. 29464 VICE Clay W. Evatt, Jr./Elvin D. Tirrell (resigned)

Initial Appointments, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with terms to commence September 15, 1995, and to expire at the pleasure of the Governor:

County Officer:

Mr. James C. Brown, Richland County Veterans Affairs Officer, 2020 Hampton Street, Columbia, S.C. 29204

Mr. George O. Blevins, Greenville County Veterans Affairs Officer, 301 University Ridge, Suite 5900, Greenville, S.C. 29601-3660

Veterans Organization:

Mr. Jack M. Tiller, 501 Meadow Brook Road, Columbia, S.C. 29223-2910


Printed Page 344 . . . . . Wednesday, January 31, 1996

MOTION ADOPTED

On motion of Senators PASSAILAIGUE and MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. F. Gerald Moody of Moncks Corner, S.C., former football coach at both Wando High School and Berkeley High School and inductee to the South Carolina Athletic Coaches Association Hall of Fame.

ADJOURNMENT

At 12:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 345 . . . . . Thursday, February 1, 1996

Thursday, February 1, 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 again, this time, Psalm 68 (v.35):

"Awesome is God in His sanctuary,

the God of Israel;

He gives power and strength

to His people.

Blessed be God!"
Let us pray.

Lord of the Universe, forgive us when we think of You in insignificant terms, like some old tolerant grandfather off in some clouds.

Lord, we're still discovering galaxies with our most powerful telescopes, so far out that it has taken eons for the light of their suns to come within reach of our instruments.

We cannot fathom the end of your creation. Truly the psalmist is right to remind us that "AWESOME IS GOD."

Teach us of Your IMMINENCE, especially the AWESOMENESS with which we say "Our Father!"

Amen!

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

Doctor of the Day

Senator LEATHERMAN introduced Dr. William N. Boulware of Florence, S.C., Doctor of the Day.

Leave of Absence

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

Point of Personal Interest

Senator LEVENTIS rose to a Point of Personal Interest.


Printed Page 346 . . . . . Thursday, February 1, 1996

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

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.

Having reconsidered the vote whereby the Senate concurred in the House amendments, the bill was taken up for immediate consideration.

Senators COURTNEY and HOLLAND proposed the following amendment (JUD0272.002), which was adopted:

Amend the bill, as and if amended, beginning on page 1, beginning on line 29, in Section 7-13-190(B), as contained in SECTION 1, by striking line 29 through line 6 on page 2 and inserting therein the following:

/(B) In partisan elections, whether seeking nomination by political party primary, or political party convention, or by petition, filing by all these candidates shall open for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. If seeking nomination by petition, filing by these candidates shall open for the office at noon on the eleventh Tuesday after the vacancy occurs for a period to close seven days later at noon. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15(1) and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-15(2)(3) 7-11-70.

A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to the general election, the special election shall be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day./.

Amend title to conform.


Printed Page 347 . . . . . Thursday, February 1, 1996

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

RECALLED, READ THE SECOND TIME

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 SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

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

The Resolution was read the second time and ordered placed on the third reading Calendar.

H. 4491--Ordered to a Third Reading

On motion of Senator PEELER, H. 4491 was ordered to receive a third reading on Friday, February 2, 1996.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE


Printed Page 348 . . . . . Thursday, February 1, 1996

ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.

Senator SETZLER spoke on the Bill.

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

S. 1090 -- Senator Ryberg: A BILL TO AMEND SECTION 12-60-2550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF PROPERTY TAX UNDER APPEAL AND REFUNDS AND PAYMENTS AFTER FINAL DETERMINATION, SO AS TO PROVIDE THAT A TAXPAYER MAY PAY TAX ON REAL PROPERTY, THE VALUE OF WHICH IS UNDER APPEAL, BASED ON EIGHTY PERCENT OF THE REASSESSED VALUE OR ONE HUNDRED PERCENT OF THE VALUE APPLICABLE FOR THE PRIOR PROPERTY TAX YEAR, WHICHEVER RESULTS IN A LOWER TAX LIABILITY ON THE PROPERTY.

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

S. 1091 -- Senator Ryberg: A BILL TO AMEND SECTION 1-30-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY SHALL BE ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 13-1-10 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO TRANSFER TO THE DEPARTMENT THE FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY AND


Printed Page 349 . . . . . Thursday, February 1, 1996

TO ESTABLISH THE JOBS-ECONOMIC DEVELOPMENT DIVISION WITHIN THE DEPARTMENT; TO AMEND SECTION 13-1-20 OF THE 1976 CODE, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO ADD THE PURPOSE OF PROMOTION AND DEVELOPMENT OF THE BUSINESS AND ECONOMIC WELFARE OF THE STATE THROUGH THE DEVELOPMENT OF AND ASSISTANCE TO SMALL BUSINESSES; TO AMEND SECTION 13-1-1710 OF THE 1976 CODE, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT THE DIRECTOR OF THE JOBS-ECONOMIC DEVELOPMENT DIVISION SHALL BE A MEMBER OF THE COUNCIL RATHER THAN THE CHAIRMAN OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY; TO AMEND CHAPTER 1, TITLE 13 OF THE 1976 CODE BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE JOBS-ECONOMIC DEVELOPMENT DIVISION WITHIN THE DEPARTMENT OF COMMERCE; AND TO REPEAL CHAPTER 43, TITLE 41 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY.

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

S. 1092 -- Senator Moore: A BILL TO AMEND SECTION 23-35-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES CONCERNING THE SALE OR STORAGE OF FIREWORKS, SO AS TO AUTHORIZE A CIVIL PENALTY FOR VIOLATIONS OF CHAPTER 35 OF TITLE 23.

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

S. 1093 -- Senators Fair, Waldrep, Ford, Land, McGill, Matthews and Washington: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL MOTOR VEHICLE LICENSE PLATE AUTHORIZED FOR PURPLE HEART RECIPIENTS, SO AS TO REDUCE THE FEE FOR THE PLATE TO THAT REQUIRED FOR A STANDARD LICENSE PLATE.

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

S. 1094 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 350 . . . . . Thursday, February 1, 1996

VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE THE PRECINCT LINES FOR GRAY COURT AND WOODVILLE PRECINCTS.

Read the first time and ordered placed on the local and uncontested Calendar without reference.


| Printed Page 330, Jan. 31 | Printed Page 350, Feb. 1 |

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