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

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| Printed Page 530, Feb. 6 | Printed Page 550, Feb. 6 |
Printed Page 540 . . . . . Tuesday, February 6, 1996
Susan Kaye Davis

R. Scott Dover

Dale L. DuTremble

Tom J. Ervin

Clifford F. Gaddy, Jr.

Ruben L. Gray

Ernest Hamilton

Douglas L. Hinds

William L. Howard

Thomas E. Huff

Deadra L. Jefferson

Robert N. Jenkins, Sr.

Alvin D. Johnson

Susan I. Johnson

Selma T. Jones

Howard P. King

John W. Kittredge

Jack A. Landis

Wallace K. Lightsey

Bobby H. Mann, Jr.

J. C. Nicholson, Jr.

Regan A. Pendleton

O. Grady Query

Wyatt T. Saunders

Joseph D. Shine

Charles B. Simmons, Jr.

David A. Soderlund, Sr.

James A. Spruill, III

H. Samuel Stilwell

Jean H. Toal

James C. Williams, Jr.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Representative F. Greg Delleney, Jr., Vice-Chairman
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Senator John R. Russell
/s/Representative Ralph W. Canty
/s/Representative William Douglas Smith
/s/Representative L. Hunter Limbaugh

Printed Page 541 . . . . . Tuesday, February 6, 1996
The following candidate was found qualified by a majority of the Committee:

Thomas C. Dillard
Respectfully submitted,
/s/Representative F. Greg Delleney, Jr., Vice-Chairman
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Representative Ralph W. Canty
/s/Representative William Douglas Smith

Thomas C. Dillard was found not qualified by a minority of the Committee.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Senator John R. Russell
/s/Representative L. Hunter Limbaugh

The following candidate was found qualified by a majority of the Committee[1]:

Brenda Reddix-Smalls
Respectfully submitted,
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Representative Ralph W. Canty
/s/Representative William Douglas Smith

Brenda Reddix-Smalls was found not qualified by a minority of the Committee.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Senator John R. Russell

On motion of Rep. D. SMITH, the report was ordered printed in the Journal.

------------------------------------------

[1] Representatives Delleney and Limbaugh did not participate in the determination of qualification for Brenda Reddix-Smalls.

Printed Page 542 . . . . . Tuesday, February 6, 1996
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1875
Promulgated by Department of Health and Human Services
Article 3. Medicaid: Fair Hearings
Received by Lt. Governor January 25, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 25, 1996

Document No. 1881
Promulgated by Department of Health and Human Services
Medicaid: Medical Institution Vendor Payments
Received by Lt. Governor January 25, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 25, 1996

Document No. 1910
Promulgated by Commissioners of Pilotage for the Port of Charleston
Control of vessels during docking and undocking operations; Increase in registration fees.
Received by Lt. Governor January 31, 1996
Referred to Senate Committee on Transportation
120 day review expiration date May 31, 1996

Motion to Ratify Adopted

At 12:15 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:30 P.M.

There was no objection and a message was sent to the House accordingly.

Doctor of the Day

Senator WILSON introduced Dr. Jerry Rothstein of Columbia, S.C., Doctor of the Day.

Printed Page 543 . . . . . Tuesday, February 6, 1996
INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1097 -- Senators Lander, Alexander and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1098 -- Senator Moore: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES, SO AS TO PROVIDE THAT WHEN A DUE DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE PAYMENT DEADLINE IS EXTENDED TO THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING THE SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

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

S. 1099 -- Senator Ford: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT NO TRANSACTION INVOLVING PROPERTY OWNED BY OR TITLED IN THE NAME OF THE STATE OF SOUTH CAROLINA OR A STATE AGENCY IS ALLOWED BETWEEN A STATE AGENCY AND A PRIVATE ENTITY IF IN THE AGGREGATE THE PROPERTY IS TWENTY-FIVE MILLION DOLLARS OR MORE IN VALUE, UNLESS APPROVED BY A MAJORITY OF VOTERS VOTING IN A STATEWIDE REFERENDUM; AND TO PROVIDE DEFINITIONS OF "PRIVATE ENTITY", "STATE AGENCY", AND "TRANSACTION".

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

S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

Printed Page 544 . . . . . Tuesday, February 6, 1996
ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS, COMMISSIONS, AND JUDICIAL OFFICES IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.

Senator LEVENTIS spoke on the Bill.

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

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

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

S. 1102 -- Senator Holland: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE OATH; TO AMEND SECTION 7-15-385, RELATING TO THE MARKING OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT AN APPLICANT WHO CANNOT SIGN HIS NAME BECAUSE OF ILLITERACY OR A HANDICAP MAY INSTEAD MAKE HIS MARK; AND TO AMEND SECTION 7-15-420, RELATING TO RECEIPT, TABULATION, AND REPORTING OF

Printed Page 545 . . . . . Tuesday, February 6, 1996
ABSENTEE BALLOTS, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE RETURN-ADDRESSED ENVELOPE.

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

S. 1103 -- Senator Leventis: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

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

S. 1104 -- Senator Gregory: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE LICENSED OR HAVE THEIR LICENSE RENEWED, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE ISSUANCE OR RENEWAL OF A DRIVER'S LICENSE OR OF A BEGINNER'S PERMIT.

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

S. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON A SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.

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

Printed Page 546 . . . . . Tuesday, February 6, 1996
S. 1106 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON WEDNESDAY, FEBRUARY 14, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1996; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 7, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 8, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 9, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 11, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 12, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 13, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1996; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1996; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE
Printed Page 547 . . . . . Tuesday, February 6, 1996
ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 1996.

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

S. 1107 -- Senator Matthews: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THE STATE'S MOST PROMINENT COLLEGE PRESIDENTS, DR. LEONARD E. DAWSON, UPON TEN YEARS OF OUTSTANDING SERVICE AND LEADERSHIP AT VOORHEES COLLEGE.

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

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

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

H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the General Committee.

H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

Printed Page 548 . . . . . Tuesday, February 6, 1996
CONCURRENCE

S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.

The House returned the Bill with amendments.

On motion of Senator ROSE, 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.

HOUSE CONCURRENCE

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.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1085 -- Senators Wilson, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, 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, Greg Smith, J. Verne Smith, Thomas, Waldrep and Washington: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO CURRENT AND FORMER MEMBERS AND STAFF OF THE STATE ETHICS

Printed Page 549 . . . . . Tuesday, February 6, 1996
COMMISSION UPON THE TWENTIETH ANNIVERSARY OF ITS CREATION.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1086 -- Senators Glover, Jackson, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION IN REMEMBRANCE OF RONALD E. MCNAIR AND THE SIX OTHER MEMBERS OF THE CHALLENGER SPACE SHUTTLE CREW, ON THE OCCASION OF THE TENTH ANNIVERSARY OF THE TRAGIC EXPLOSION OF THE CHALLENGER SPACE SHUTTLE.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1087 -- Senator Passailaigue: A CONCURRENT RESOLUTION CONGRATULATING THE GRACE EPISCOPAL CHURCH OF CHARLESTON, SOUTH CAROLINA, ON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY, FEBRUARY 18, 1996.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1095 -- Senator O'Dell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND ADMIRATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING AND DISTINGUISHED SERVICE OF DR. E. F. MATHIS, SR. UPON THE OCCASION OF HIS RETIREMENT FROM MT. ZION BAPTIST CHURCH AND TO WISH HIM MANY HAPPY AND FULFILLING YEARS.

Returned with concurrence.

Received as information.

| Printed Page 530, Feb. 6 | Printed Page 550, Feb. 6 |
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