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 690, Feb. 14 | Printed Page 710, Feb. 15 |
Printed Page 700 . . . . . Wednesday, February 14, 1996
MOTION ADOPTED

On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Anne E. Kibler of Newberry, S.C.

ADJOURNMENT

At 2:20 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 701 . . . . . Thursday, February 15, 1996
Thursday, February 15, 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, we read that St. Paul also had a hard time. Listen... with election year at hand: Acts, Chapter 23(vv.9-11)(NRSV):

"Then a great clamor arose, and certain

scribes of the Pharisees' group stood up

and contended, `We find nothing wrong with

this man. What if a spirit or an angel

has spoken to him?' When the dissension became

violent, the tribune, fearing that they would

tear Paul to pieces, ordered the soldiers to

go down, take him by force, and bring him

into the barracks.

That night the Lord stood near him and

said, `Keep up your courage'."
Let us pray.

Our Father, we thank You for the gift of self-government. The process gets tough sometimes.

In this disturbing and baffling world of swift and shifting change, as we take our place beside those who find life hard and its burdens heavy, may we hear anew the words of the old hymn:

"Fear not, I am with thee,

O be not dismayed!

For I am thy God and

Will still give thee aid."
Amen.

Point of Quorum

Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Printed Page 702 . . . . . Thursday, February 15, 1996
Call of the Senate

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

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Fair                 Ford
Giese                Gregory              Hayes
Holland              Jackson              Land
Lander               Leventis             Martin
Matthews             McConnell            McGill
Mescher              Moore                O'Dell
Passailaigue         Patterson            Peeler
Rankin               Richter              Rose
Ryberg               Setzler              Short
Smith, G.            Smith, J.V.          Thomas
Washington           Wilson
The Senate resumed.

Presence Recorded

Senator REESE recorded his presence subsequent to the Call of the Senate.

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

Message from the House

Columbia, S.C., February 14, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 230, H. 3161 by a vote of 8 to 0:

(R230) H. 3161 -- Rep. Littlejohn: AN ACT TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.
Very respectfully,
Speaker of the House

Printed Page 703 . . . . . Thursday, February 15, 1996
VETO OVERRIDDEN

(R230) H. 3161 -- Rep. Littlejohn: AN ACT TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

The veto of the Governor was taken up for immediate consideration.

Senator COURTNEY moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Ayes 44; Nays 0

AYES
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
Smith, G.           Smith, J.V.         Thomas
Washington          Wilson
TOTAL--44

NAYS
TOTAL--0







Printed Page 704 . . . . . Thursday, February 15,
1996



The necessary two-thirds vote having been received, the veto of the Governor was overridden,
and a message was sent to the House accordingly.



Message from the House



Columbia, S.C., February 14, 1996


Mr. President and Senators:


The House respectfully informs your Honorable Body that it has overridden the veto by the
Governor on R. 237, H. 4473 by a vote of 9 to 0:


(R237) H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee,
Vaughn and D. Smith:  AN ACT TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING
TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO
AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND
DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE
COMMISSIONERS.

Very respectfully,

Speaker of the House



VETO OVERRIDDEN



(R237) H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee,
Vaughn and D. Smith:  AN ACT TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING
TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO
AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND
DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE
COMMISSIONERS.


The veto of the Governor was taken up for immediate consideration.


Senator COURTNEY moved that the veto of the Governor be overridden.


The question was put:  Shall the Act become law, the veto of the Governor to the contrary
notwithstanding?


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



Ayes 44; Nays 0




Printed Page 705 . . . . . Thursday, February 15,
1996




AYES


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
Smith, G.           Smith, J.V.         Thomas
Washington          Wilson              

TOTAL--44




NAYS


TOTAL--0



The necessary two-thirds vote having been received, the veto of the Governor was overridden,
and a message was sent to the House accordingly.



Leave of Absence



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



Leave of Absence



At 11:50 A.M., Senator THOMAS requested a leave of absence until adjournment at 11:55 A.M.



Point of Personal Interest



Senator RYBERG rose to a Point of Personal Interest.



Point of Personal Interest



Senator BRYAN rose to a Point of Personal Interest.





Printed Page 706 . . . . . Thursday, February 15,
1996




Point of Personal Interest



Senator DRUMMOND rose to a Point of Personal Interest.



S. 275--CONFERENCE COMMITTEE APPOINTED




Message from the House



Columbia, S.C., February 15, 1996


Mr. President and Senators:


The House respectfully informs your Honorable Body that it insists upon the amendments
proposed by the House to:


S. 275 -- Senator Greg Smith:  A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE
OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW,
THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS
IN GEORGETOWN COUNTY.

asks for a Committee of Conference, and has appointed Reps. Witherspoon, Riser and Thomas of
the committee on the part of the House.


Very respectfully,

Speaker of the House


Whereupon, the PRESIDENT appointed Senators GREG SMITH, ELLIOTT and RANKIN of
the Committee of Conference on the part of the Senate and a message was sent to the House
accordingly.



INTRODUCTION OF BILLS AND RESOLUTIONS



The following were introduced:


S. 1145 -- Senators Setzler, Washington, Moore, Cork, Bryan, Drummond, Lander, Courson,
Giese and Wilson:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER
EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION
OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF
INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION
SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE
HIGHER EDUCATION SYSTEM IN 



Printed Page 707 . . . . . Thursday, February 15,
1996



THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION
IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS
TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE
INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE
INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO
AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF
PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW
OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN
WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS
DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD
TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO
THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO
AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND
MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT
THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN
INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION
TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE
WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY
1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS,
REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL
MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT
EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION
59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL
BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE
THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE
APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO
PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN
INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO
AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION
AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER
IN WHICH AN INSTITUTIONS' FACILITIES AND REAL 



Printed Page 708 . . . . . Thursday, February 15,
1996



PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND
CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND
ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE
APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC
SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND
FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION
59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND
GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO
AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST
SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.


Senator SETZLER spoke on the Bill.



Objection



Senator SETZLER asked unanimous consent to make a motion that the Bill be placed on the
Calendar without reference.


Senator McCONNELL objected.


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


S. 1146 -- Senators Lander, McConnell, Wilson, Russell, Boan, O'Dell, Elliott, Fair, Ryberg,
Passailaigue, Moore, Leatherman, Washington, Rose, Mescher, Jackson, Waldrep, Bryan, Reese,
Leventis, Ford, Glover, Land, Matthews, McGill, Courson, Setzler, Peeler, Short, Rankin and
Holland:  A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX
APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING,
AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT
FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO
AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE
SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON
COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES
BEGINNING JULY 1, 1997.


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





Printed Page 709 . . . . . Thursday, February 15,
1996



S. 1147 -- Senator Hayes:  A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO
RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE
THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE
PROVIDED TO THE LESSOR OR RENTER.


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


S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and
Giese:  A BILL TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE BUDGET
AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE STATE
BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR
UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY
INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER
PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH
POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75,
RELATING TO STATE FUNDS BEING WITHHELD FROM COUNTIES AND
MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS
TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO
PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN
DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO
DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND
CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX
DISTRIBUTIONS.


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


S. 1149 -- Senator Rose:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE
CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO
CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES
APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER; TO REQUIRE
EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE
CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND
CAREGIVERS; TO ALLOW TEMPORARY EMPLOYMENT PENDING 



Printed Page 710 . . . . . Thursday, February 15,
1996



RESULTS OF THE REVIEW; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS
APPLY ONLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE
CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR
RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO THE CHILD OR
CHILDREN WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON
LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND WHO IS IN
THE PRESENCE OF THE CHILD OR CHILDREN TO WHOM CARE IS PROVIDED AT
ALL TIMES DURING WHICH THE CARE IS PROVIDED; TO WAIVE FINGERPRINT
REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN A DAY CARE CENTER FOR
THE TWO YEARS PRIOR TO THIS ACT'S EFFECTIVE DATE; TO AMEND SECTIONS
20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS
AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL,
REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES
FOR WHICH LICENSES, APPROVALS, AND REGISTRATIONS MAY NOT BE ISSUED
AND TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING
TO EMPLOYMENT IN DAY CARE CENTERS; AND TO AMEND SECTION 20-7-2905, AS
AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO
REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU
OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE
REVIEWS.


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






 | Printed Page 690, Feb. 14
 | Printed Page 710, Feb. 15
 | 




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