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 550, Feb. 6 | Printed Page 570, Feb. 7 |

Printed Page 560 . . . . . Tuesday, February 6, 1996

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

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

Point of Personal Privilege

Senator GLOVER rose to a Point of Personal Privilege.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.

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


Printed Page 561 . . . . . Tuesday, February 6, 1996

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lindsay Waldrop of Rock Hill, S.C.

ADJOURNMENT

At 1:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 562 . . . . . Wednesday, February 7, 1996

Wednesday, February 7, 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 words of Psalm 33 (vv.6-12):

"By the word of the Lord were the heavens

made, the starry host by the breath of

His mouth, He gathers the waters of the sea

into jars...

Blessed is the nation whose God is the Lord."
Let us pray.

O God our Father, the Psalmist answers the question of some as to "Whose side is God on" in the chaotic condition that our world has slipped into.

Clearly the Psalmist is trying to tell us to get on God's side for "blessedness."

As we come to the throne-room of the Most High before we take up our tasks for the day, we bring a troubled world to Your Throne of Mercy.

As we send up our petitions, make us willing to pledge as collateral our own agreement to "seek first the Kingdom of God," recalling the promise that "all these things shall be added unto you."

Amen.

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


Printed Page 563 . . . . . Wednesday, February 7, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

December 21, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointments

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1996, and to expire July 1, 2000:

6th Congressional District:

Mr. Edwin L. Oxner, CPA, Post Office Drawer 4707, Florence, S.C. 29502

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1990, and to expire July 1, 1996:

6th Congressional District:

Mr. Edwin L. Oxner, CPA, Post Office Drawer 4707, Florence, S.C. 29502 VICE Phillip D. Lowe (resigned)

Referred to the Committee on Fish, Game and Forestry.


Printed Page 564 . . . . . Wednesday, February 7, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 2, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, State Ethics Commission, with term to commence June 30, 1996, and to expire June 30, 2001:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 10, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointments

Initial Appointment, State Athletic Commission, with term to commence June 30, 1996, and to expire June 30, 2000:

At-Large:

Mr. John R. Robertson, 1805 Cedarbrook Drive, Columbia, S.C. 29212 VICE Chris G. Hitopoulos


Printed Page 565 . . . . . Wednesday, February 7, 1996

Referred to the General Committee.

Reappointment, South Carolina Real Estate Appraisers Board, with term to commence May 31, 1996, and to expire May 31, 1999:

Mortgage Banker:

Mr. Joseph C. Reynolds, Carolina First Bank, Post Office Box 12249, Columbia, S.C. 29211

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1995, and to expire June 9, 1998:

Nursing Home Admin./Hosp. Admin:

Mr. William H. Bundy, Chester County Hospital and Nursing Center, Inc., Post Office Box 2001, Chester, S.C. 29706

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 15, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1996, and to expire July 27, 1999:

3rd Congressional District:

Mr. Jeffrey W. Childress, Dixie Tool, Inc., Post Office Box 407, Easley, S.C. 29641

Referred to the Committee on Labor, Commerce and Industry.


Printed Page 566 . . . . . Wednesday, February 7, 1996

Doctor of the Day

Senator GIESE introduced Dr. C. Tucker Weston of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MATTHEWS, at 12:15 P.M., Senator WASHINGTON was granted a leave of absence until 4:00 P.M., Thursday, February 8, 1996.

Leave of Absence

On motion of Senator WALDREP, at 1:20 P.M., Senator O'DELL was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator ELLIOTT, at 1:25 P.M., Senator SHORT was granted a leave of absence for the balance of the day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1108 -- Senators Fair, Bryan, Setzler, Richter and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE UPON REQUEST OF A SPECIFIED NUMBER OF SCHOOL SUPERINTENDENTS.

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

S. 1109 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 27, 1996, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to a current total of 143,700 people; and

Whereas, the county's total estimated property valuation exceeded 173 million dollars last year; and

Whereas, gross retail sales in York County have doubled since 1987 and increased over eleven percent during the past year to an estimated 2.2 billion dollars; and


Printed Page 567 . . . . . Wednesday, February 7, 1996

Whereas, a total of thirteen new companies, some nationally known, announced plans to locate to York County in 1995, providing a total investment over 268 million dollars; and three existing industries expanded last year for a total investment of over 175 million dollars; and

Whereas, a total of 1,213 new jobs were created in York County last year; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased over sixteen percent last year, and accommodations tax collections increased over ten percent also last year. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments and declare February 27, 1996, "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the six chambers in York County.

Referred to the Committee on Invitations.

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

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

H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: A BILL TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY ORDER THE CHILD'S PARENTS TO REIMBURSE THE COURT-APPOINTED ATTORNEY OR THE INDIGENT DEFENSE FUND.

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


Printed Page 568 . . . . . Wednesday, February 7, 1996

H. 4515 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.

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

REPORTS OF STANDING COMMITTEES

Senator BRYAN from the Committee on Judiciary submitted a favorable report on:

S. 799 -- Senators Bryan, Giese and Wilson: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCURRENT JURISDICTION OF FAMILY COURTS AND MAGISTRATE AND MUNICIPAL COURTS FOR CERTAIN VIOLATIONS BY JUVENILES, SO AS TO INCLUDE VIOLATIONS OF LITTER LAWS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

Ordered for consideration tomorrow.

Senator CORK from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.

Ordered for consideration tomorrow.


Printed Page 569 . . . . . Wednesday, February 7, 1996

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Vocational Association and S.C. Vocational Directors Association to attend a morning drop-in in #208 Blatt Building on Thursday, February 15, 1996, from 9:00 until 11:30 A.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell
McGill
TOTAL--7

NAYS
TOTAL--0

NOT VOTING
Matthews Passailaigue Rose
TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from The Electric Cooperatives of S.C. to attend a reception at the Adam's Mark Hotel on Tuesday, February 20, 1996, from 6:00 until 7:30 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell
McGill
TOTAL--7

| Printed Page 550, Feb. 6 | Printed Page 570, Feb. 7 |

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