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 3470, May 30 | Printed Page 3490, May 30 |

Printed Page 3480 . . . . . Thursday, May 30, 1996

H. 5085 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE HONORABLE SCOTT HEAD RICHARDSON FOR OUTSTANDING AND DISTINGUISHED SERVICE IN THE HOUSE OF REPRESENTATIVES UPON LEARNING HE WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND EXTENDING BEST WISHES AS HE EMBARKS ON NEW ENDEAVORS AND CHALLENGES.

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

H. 5086 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION HONORING THE HONORABLE DOUGLAS EVANS McTEER, JR., OF HAMPTON COUNTY FOR HIS DEDICATED AND DISTINGUISHED EIGHTEEN YEARS OF CONTINUOUS SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ON THE OCCASION OF HIS RETIREMENT FROM THIS LEGISLATIVE BODY.

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

H. 5087 -- Rep. Cooper: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, TO ACCEPT THE PROVISIONS OF AN ACT OF 1996 (S.1162) AS THE STATUTORY AUTHORITY APPLYING TO TANDEM AXLE WEIGHTS AND GROSS WEIGHTS OF VEHICLES OPERATED ON THE INTERSTATE HIGHWAYS OF SOUTH CAROLINA, AND TO RESOLVE THAT THE STATE OF SOUTH CAROLINA SHALL CONTINUE TO ENFORCE ALL OTHER FEDERAL BRIDGE FORMULA REQUIREMENTS FOR VEHICLES OPERATING BETWEEN 75,185 AND 80,000 POUNDS OF GROSS WEIGHT.

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

H. 5088 -- Reps. Townsend and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO THE HONORABLE MICHAEL F. JASKWHICH OF GREENVILLE COUNTY ON THE ANNOUNCEMENT OF HIS RETIREMENT AND TO THANK HIM FOR HIS DEDICATED LEADERSHIP QUALITIES AND EFFORTS ON BEHALF OF THE CITIZENS OF THE STATE OF SOUTH CAROLINA.


Printed Page 3481 . . . . . Thursday, May 30, 1996

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

H. 5089 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 187 BETWEEN S.C. 24 AND U.S. 29 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE C. D. CHAMBLEE, OF ANDERSON.

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

H. 5090 -- Rep. Cain: A CONCURRENT RESOLUTION TO RECOGNIZE WALHALLA HIGH SCHOOL IN OCONEE COUNTY FOR THE HONOR OF BEING SELECTED AS A "NEW AMERICAN HIGH SCHOOL" FROM AMONG THREE HUNDRED SCHOOLS NOMINATED NATIONWIDE, AND TO CONGRATULATE AND COMMEND MR. JOHN H. HOSTETLER, PRINCIPAL OF WALHALLA HIGH SCHOOL, FOR HIS OUTSTANDING LEADERSHIP AND FOR THE DEDICATION AND COMMITMENT TO EXCELLENCE DEMONSTRATED BY MR. HOSTETLER AND HIS FACULTY IN ATTAINING THIS EXCEPTIONAL ACHIEVEMENT.

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

H. 5091 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION TO THANK OUR FRIEND AND COLLEAGUE, THE HONORABLE WILLIAM D. "BILLY" KEYSERLING FOR HIS UNWAVERING COMMITMENT AND LOYAL SERVICE TO THE HOUSE OF REPRESENTATIVES AND TO EXTEND BEST WISHES ON THE OCCASION OF HIS RETIREMENT FROM THE GENERAL ASSEMBLY.

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

H. 5092 -- Rep. Rice: A CONCURRENT RESOLUTION COMMENDING OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JAMES GEORGE "JIM" MATTOS OF GREENVILLE COUNTY, FOR HIS TEN YEARS OF DEDICATED AND OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES AND EXTENDING TO HIM AND HIS FAMILY BEST WISHES FOR HAPPINESS AND SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.


Printed Page 3482 . . . . . Thursday, May 30, 1996

Whereas, for ten years as a member of the House of Representatives, The Honorable James George "Jim" Mattos of Greenville County worked diligently for the betterment of the people of District 26 (Greenville and Pickens counties) and South Carolina; and

Whereas, Jim Mattos was born in Spartanburg and earned a Bachelor of Arts degree from Furman University in 1955 and a Master's degree in Education from Clemson University in 1972; and

Whereas, Jim served in the United States Army with distinction from 1955-57; and

Whereas, he was a teacher and coach at Berea High School for many years; and

Whereas, in 1978 Jim was honored by being selected as South Carolina Teacher of the Year; and

Whereas, during his career in the House of Representatives, he served on the Joint Committee on Mental Health and Mental Retardation and as Chairman of the Operations and Management Committee and Chairman of the Ways and Means Health and Human Services Subcommittee; and

Whereas, he was well respected in the General Assembly for his commitment to many worthy causes. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly commend our former colleague in the General Assembly, The Honorable James George "Jim" Mattos of Greenville County, for his ten years of dedicated and outstanding service to the people of South Carolina while a member of the House of Representatives and extend to him and his family best wishes for happiness and success in all of their future endeavors.

Be it further resolved that a copy of this resolution be forwarded to The Honorable James George Mattos.

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

H. 5093 -- Reps. Felder, Lanford, Carnell and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON RECEIVING RENEWAL ACCREDITATION ON ITS PUBLIC HEALTH PROGRAM BY THE COMMUNITY HEALTH ACCREDITATION PROGRAM, INC.

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


Printed Page 3483 . . . . . Thursday, May 30, 1996

H. 5094 -- Reps. Townsend and Stille: A CONCURRENT RESOLUTION TO CONGRATULATE CRESCENT HIGH SCHOOL "LADY TIGERS" SOFTBALL TEAM ON CAPTURING THE 1996 CLASS AA STATE SOFTBALL CHAMPIONSHIP.

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

REPORT OF STANDING COMMITTEE

Senator COURSON from the Committee on Invitations polled out S. 1437 favorable:

S. 1437 -- Senator Courson: A SENATE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE GRESSETTE BUILDING ON NOVEMBER 13, 1996, AND THE USE OF THE SENATE CHAMBER ON NOVEMBER 14 AND 15, 1996, FOR ITS ANNUAL MEETING.

Poll of the Invitations Committee on S. 1437

Ayes 8; Nays 0; Not Voting 2

AYES
Courson              Peeler               Wilson
Matthews             Russell              O'Dell
Passailaigue         McGill
TOTAL--8

NAYS
TOTAL--0

NOT VOTING
Patterson Rose
TOTAL--2

Adopted

On motion of Senator COURSON, with unanimous consent, the Senate Resolution was taken up for immediate consideration and adopted.

NONCONCURRENCE

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO


Printed Page 3484 . . . . . Thursday, May 30, 1996

AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

The House returned the Bill with amendments.

Senator LANDER moved to nonconcur with the House amendments.

Senator LEVENTIS argued contra to the motion.

Senator SHORT argued in favor of the motion to nonconcur.

Senator LANDER spoke on the motion.

Senator LANDER moved to nonconcur in the House amendments.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 20; Nays 19

AYES
Alexander           Boan                Bryan
Courtney            Fair                Giese
Hayes               Holland             Hutto
Land                Lander              Martin
McGill*             Peeler              Reese
Russell             Ryberg              Setzler
Short               Smith, J.V.         
TOTAL--20

NAYS
Cork                 Courson              Ford
Glover*              Gregory*             Jackson
Leventis             Matthews             McConnell
Mescher              Moore                O'Dell
Passailaigue         Rankin               Rose

Printed Page 3485 . . . . . Thursday, May 30, 1996

Smith, G.            Waldrep              Washington
Wilson               
TOTAL--19

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

CONFERENCE REPORT ADOPTED

H. 4600 -- GENERAL APPROPRIATION BILL

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator DRUMMOND spoke on the report.

Senator PASSAILAIGUE spoke on the report.

ACTING PRESIDENT PRESIDES

At 6:00 p.m., Senator MARTIN assumed the Chair.

Senator PASSAILAIGUE spoke on the report.

Senator DRUMMOND moved that the Report of the Committee of Conference be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 1

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Ford
Giese               Glover              Gregory
Hayes               Holland             Hutto
Jackson             Land                Lander
Leatherman          Leventis            Martin
Matthews            McConnell           McGill
Mescher             Moore               O'Dell

Printed Page 3486 . . . . . Thursday, May 30, 1996

Passailaigue        Patterson           Peeler
Rankin              Reese               Richter
Rose                Russell             Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Thomas
Waldrep             Washington          Wilson
TOTAL--45

NAYS
Fair
TOTAL--1

The Report of the Committee of Conference to H. 4600 was adopted and incorporated by reference in document (DKA\3784HTC.96), and a message was sent to the House accordingly.

Statement by Senator FAIR

I wish to be recorded as voting "no" on the budget because of the provision to fund full-day kindergarten. The following research data clearly indicates that children test at higher levels for readiness for first grade if they attend half-day kindergarten. Please note the research data comes from the State Department of Education.

Message from the House

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

H. 4600 -- GENERAL APPROPRIATION BILL
Very respectfully,
Speaker of the House

H. 4600--Enrolled for Ratification

The Report of the Committee of Free Conference having been adopted by both Houses, 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.


Printed Page 3487 . . . . . Thursday, May 30, 1996

CONFERENCE REPORT ADOPTED

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator DRUMMOND spoke on the report.

Senator DRUMMOND moved that the Report of the Committee of Conference be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 1

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Ford
Giese               Glover              Gregory
Hayes               Holland             Hutto
Jackson             Land                Lander
Leatherman          Leventis            Martin
Matthews            McConnell           McGill
Mescher             Moore               O'Dell
Passailaigue        Patterson           Peeler
Rankin              Reese               Richter
Rose                Russell             Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Thomas
Waldrep             Washington          Wilson
TOTAL--45

NAYS
Fair
TOTAL--1


Printed Page 3488 . . . . . Thursday, May 30, 1996

The Report of the Committee of Conference to H. 4602 was adopted as follows (JIC\6109HTC.96), and a message was sent to the House accordingly:

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 29, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1995-96 the following amounts:

(1) Federal Retiree Settlement. . . . .11,500,000

(2) Catawba Indian Settlement. . . . .2,500,000

(3) Budget & Control Board-

State House Renovation. . . . .4,530,422

(4) State Election Commission-

1996 General Election Expenses. . . . .1,435,190

(5) Department of Public Education-

Instructional Materials. . . . .13,602,951

(6) The South Carolina School for

The Deaf and The Blind-

Facility and Equipment Upgrade. . . . .350,000

(7) Budget & Control Board-

Public Education Technology. . . . .10,000,000

(8) Commission on Higher Education-

Formula Funding. . . . .33,700,000

Funds appropriated for the Higher Education formula shall be used only for nonrecurring purposes.

(9) University of South Carolina-

Institute of Public Affairs. . . . .300,000


Printed Page 3489 . . . . . Thursday, May 30, 1996

(10) South Carolina Department of

Labor, Licensing and Regulation-

Fire Academy-Equipment and

Dry Hydrants. . . . .450,000

The Department of Labor, Licensing and Regulation is directed to coordinate with the Low Country Resource Conservation and Development Council to distribute the funds provided herein for the purchase of materials associated with the installation of Dry Fire Hydrants.

(11) John De La Howe School-

Building Maintenance. . . . .65,000

(12) Human Affairs Commission-

Computer Upgrade. . . . .24,000

(13) Wil Lou Gray-

Dorm Furniture and Equipment. . . . .165,000

(14) Wil Lou Gray-

Replace Telephone System. . . . .50,000

(15) Department of Agriculture-

Horticulture Building. . . . .200,000

(16) Department of Natural Resources-

(a) Game-Construction/Renovate Facilities. . . . .509,775

(b) Marine Resources - Equipment. . . . .300,000

(c) Water Resources - Equipment. . . . .154,000

(d) Geology Equipment and Vehicles. . . . .53,520

(17) Clemson Public Service Activities-

Plant Industries Research Complex and

Other. . . . . 600,000
Total Capital Reserve Fund

Appropriation. . . . .80,489,858

SECTION 2. This joint resolution takes effect thirty days after the completion of the 1995-96 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Amend title to conform.

/s/Senator John Drummond .......... /s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith .......... /s/Rep. William D. Boan
/s/Senator Ty Courtney .......... /s/Rep. Alfred B. Robinson, Jr.

On Part of the Senate. .......... On Part of the House.


| Printed Page 3470, May 30 | Printed Page 3490, May 30 |

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