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 3390, May 29 | Printed Page 3410, May 30 |

Printed Page 3400 . . . . . Wednesday, May 29, 1996

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

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

AMENDED, DEBATE INTERRUPTED

H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.

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

Senator BRYAN spoke on the Bill.

Amendment No. 1

Senator WASHINGTON proposed the following Amendment No. 1 (4443R002.MW), which was adopted:

Amend the bill, as and if amended, on page 4, line 24, by inserting after /staff/ and before the /./ the following:


Printed Page 3401 . . . . . Wednesday, May 29, 1996

/; however, if it is a converted charter school, it shall in its discretion hire non-certified teachers in a ratio of up to ten percent of its entire teacher staff/

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Amendment No. 3

Senator PATTERSON proposed the following Amendment No. 3 (S-EDUC\4443.09), which was adopted:

Amend the bill, as and if amended, on page 11, line 8 by deleting:

/, and may extend the leave for up to five years at the employee's request./.

Amend title to conform.

The amendment was adopted.

Amendment No. 5

Senator PATTERSON proposed the following Amendment No. 5 (4443R001.KP), which was adopted:

Amend the bill, as and if amended, on page 4, line 24, by inserting after the word /staff/ the following:

/These non-certified teachers must be working toward certification in education./

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator PATTERSON spoke on the Bill.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.


Printed Page 3402 . . . . . Wednesday, May 29, 1996

LOCAL APPOINTMENTS

Confirmations

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

Reappointments, Laurens County Magistrate, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Paul Dean Lyles, Route 4, Box 90, Laurens, S.C. 29360-9452

Honorable Oscar L. Tribble, Route 7, Box 2069, Laurens, S.C. 29360

ADJOURNMENT

At 7:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 3403 . . . . . Thursday, May 30, 1996

Thursday, May 30, 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 a word from Jeremiah, Chapter 23 (v. 28):

"Let the prophet who has a dream

tell the dream, but

Let him who has my word

speak my word faithfully,

What has straw in common with wheat?

says the Lord."
Let us pray.

Our Father and our God, You have spoken to us through the prophets: we know that straw is fit only to be cast onto the ground for cattle to walk on and lie upon, and that wheat is for bread, and strength, and life for the children of mankind.

Help us, at this stage in our General Assembly, to be able to decide between the essential and the inconsequential, between the shadow and the substance, between the glitter and the real gold.

Where we are led by empty dreams, give us a firm word, the right decisions, and courage to speak out.

As we make our plans for the remainder of this session, give us a sense of values and perspective.

May we not overlook any important cause crying for help, nor weaken any program by failing to take the needed action.

We pray in the name of the Giver of Life and Light.

Amen.

Point of Quorum

At 11:05 A.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.


Printed Page 3404 . . . . . Thursday, May 30, 1996

Call of the Senate

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Boan                 Bryan
Cork                 Courson              Fair
Ford                 Giese                Gregory
Hayes                Holland              Hutto
Land                 Lander               Leatherman
Leventis             Martin               Matthews
McConnell            McGill               Mescher
Moore                O'Dell               Passailaigue
Patterson            Peeler               Rankin
Richter              Rose                 Russell
Ryberg               Setzler              Short
Smith, G.            Thomas               Waldrep
Wilson               
A quorum being present, the Senate resumed.

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

ACTING PRESIDENT PRESIDES

At 11:10 A.M., Senator MARTIN assumed the Chair.

Doctor of the Day

Senator CORK introduced Dr. Oswald Mikell of Beaufort, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MATTHEWS, at 11:40 A.M., Senator WASHINGTON was granted a leave of absence for the balance of the day.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that


Printed Page 3405 . . . . . Thursday, May 30, 1996

the title thereof be changed to that of an Act, and that it be enrolled for ratification:

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

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

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.


Printed Page 3406 . . . . . Thursday, May 30, 1996

H. 3730--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

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

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.
Very respectfully,
Speaker of the House

On motion of Senator PEELER, the Senate insisted upon its amendments to H. 3730 and asked for a Committee of Conference.

Senator PEELER spoke on the motion.

Whereupon, the PRESIDENT appointed Senators PEELER, COURTNEY and BRYAN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.


Printed Page 3407 . . . . . Thursday, May 30, 1996

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

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

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 AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Littlejohn, Allison and Townsend of the Committee of Conference on the part of the House on:

H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:


Printed Page 3408 . . . . . Thursday, May 30, 1996

The House respectfully informs your Honorable Body that it has receded from its amendment to:

H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
Very respectfully,
Speaker of the House

Received as information.

H. 4627--Enrolled for Ratification

The House having receded from their amendments, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 29, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Jennings, Baxley and J. Young of the Committee of Conference on the part of the House on:

H. 4803 -- Reps. Harrison and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR


Printed Page 3409 . . . . . Thursday, May 30, 1996

MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.
Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION CARRIED OVER

H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

The Senate proceeded to the order of business for the Introduction of Bills and Resolutions.


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