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 870, Feb. 28 | Printed Page 890, Feb. 29 |
Printed Page 880 . . . . . Wednesday, February 28, 1996
Reappointments, John de la Howe School Board of Trustees, with terms to commence April 1, 1995, and to expire April 1, 2000:

At-Large:
Mr. Sylvester E. Williams, III, 205 Briggs Avenue, Greenwood, S.C. 29649

Ms. Elizabeth M. Dillbeck, Post Office Box 1473, McCormick, S.C. 29835

Initial Appointment, John de la Howe School Board of Trustees, with term to commence April 1, 1993, and to expire April 1, 1998:

At-Large:
Ms. Diane J. Brock, 213 Polaris Street, Anderson, S.C. 29621 VICE Hugh Z. Graham

Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointments were confirmed in open session:

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)

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

4th Congressional District:
George G. Graham, D.D.S., 225 East Wood Street, Spartanburg, S.C. 29303
6th Congressional District:

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

Having received a favorable report from the Committee on Transportation, the following appointment was confirmed in open session:

Reappointment, South Carolina State Ports Authority, with term to commence February 13, 1996, and to expire February 13, 2003:

At-Large:

Mr. Gayle O. Averyt, Post Office Box 1365, Columbia, S.C. 29202

Printed Page 881 . . . . . Wednesday, February 28, 1996
MOTION ADOPTED

On motion of Senator GREG SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable A.E. Barnhill, Jr. of the Pleasant Hill Community, S.C.

ADJOURNMENT

At 5:25 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 882 . . . . . Thursday, February 29, 1996
Thursday, February 29, 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 words of St. Paul to the Corinthians, Chapter 12 (v.8)(NRSV):

"Three times I appealed to the Lord about

this thorn in the flesh... this messenger

of Satan... tormenting me. But he said

to me, `My grace is sufficient for you,

for power is made perfect in weakness'."
Let us pray.

Father, we do not read, either in the Old Testament or the New, where we are promised an easy life. But over and over we read about "cross-bearing"... "self-control"... and those other words "My grace is sufficient for you."

So, we do not pray, today, that You will take away our problems, but that You will make us equal to the strain of our tasks.

When we are right, and doubts assail us, help us to hear the words "My grace... stand firm."

When worry grips us and paralyzes our reason, or when problems get in the way of faith and trust, may we remember the words "My grace... carry on... power is made perfect in weakness."

Amen.

Point of Quorum

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

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             Elliott              Fair
Ford                 Giese                Glover
Printed Page 883 . . . . . Thursday, February 29, 1996
Gregory              Hayes                Holland
Jackson              Lander               Leatherman
Martin               Matthews             McConnell
McGill               Mescher              Moore
O'Dell               Passailaigue         Peeler
Rankin               Richter              Russell
Ryberg               Saleeby              Setzler
Short                Smith, G.            Smith, J.V.
Waldrep              Washington           Wilson
A quorum being present, the Senate resumed.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 20, 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

Local Appointment

Reappointment, Charleston County Voter Registration Board, with term to commence March 15, 1996, and to expire March 15, 1998:

Ms. Pearl M. Crawford, 41 Vincent Drive, Mount Pleasant, S.C. 29464

Doctor of the Day

Senator SETZLER introduced Dr. David Gatti of Columbia, S.C., Doctor of the Day.

Printed Page 884 . . . . . Thursday, February 29, 1996
Motion to Ratify Adopted

At 11:40 A.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 11:55 A.M.

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

Point of Personal Privilege

Senator RANKIN rose to a Point of Personal Privilege.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1194 -- Senator Reese: A BILL TO AMEND SECTION 38-71-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, DISCONTINUANCE, AND REPLACEMENT, SO AS TO PROVIDE THAT RENEWAL FOR GROUP HEALTH INSURANCE POLICIES SHALL OCCUR SIXTY DAYS BEFORE THE RENEWAL EFFECTIVE DATE.

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

S. 1195 -- Education Committee: 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 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

Printed Page 885 . . . . . Thursday, February 29, 1996
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 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
Printed Page 886 . . . . . Thursday, February 29, 1996
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.

Objection

Senator SETZLER asked unanimous consent to make a motion to make the Bill a Special Order.

Senator PASSAILAIGUE objected.

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

S. 1196 -- Senator Setzler: A BILL TO AMEND SECTION 59-6-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION, SO AS TO ADD THE CHAIRMAN OF THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE CHAIRMAN OF THE SENATE EDUCATION COMMITTEE, OR THEIR DESIGNEES, AS MEMBERS OF THE PARTNERSHIP.

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

S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO

Printed Page 887 . . . . . Thursday, February 29, 1996
REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1198 -- Senator Alexander: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE SCOPE OF THEIR DUTIES.

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

S. 1199 -- Senator Wilson: A BILL TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER SYSTEMS IN COUNTIES, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS THAT ARE NOT EMPLOYED BY A PUBLIC DEFENDER CORPORATION ARE NOT REQUIRED TO RESIDE IN THE COUNTIES IN WHICH THEY SERVE.

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

S. 1200 -- Senators Boan, Greg Smith, Martin, Rankin, McConnell, Rose, Fair, Washington, Peeler, Ford, Bryan, O'Dell, Glover and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-703, SO AS TO PROVIDE THAT AN INDIVIDUAL EMPLOYED BY THE STATE, ITS AGENCIES, OR ANY OF ITS AFFILIATES WHO HAS DIRECTLY PARTICIPATED IN THE NEGOTIATION, SALE, OR APPROVAL OF STATE ASSETS IS PROHIBITED FROM PERSONALLY BENEFITING FROM SUCH TRANSACTION OR ACCEPTING A POSITION WITH

Printed Page 888 . . . . . Thursday, February 29, 1996
THE ENTITY OR ENTITIES WHO PURCHASED OR LEASED SUCH STATE ASSETS.

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

S. 1201 -- Senator Martin: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 10 SO AS TO ENACT THE "RESIDENTIAL PROPERTY DISCLOSURE ACT OF 1996."

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

S. 1202 -- Senators J. Verne Smith, Drummond, Land, Martin, Leventis, Reese, Ryberg, Greg Smith and Fair: 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.

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

S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, 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 Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE

Printed Page 889 . . . . . Thursday, February 29, 1996
WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.

Senator WASHINGTON spoke on the Joint Resolution.

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

S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

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

S. 1205 -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE AMY HIGHTOWER OF BAMBERG-ERHARDT HIGH SCHOOL UPON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD.

The Senate Resolution was adopted.

S. 1206 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, 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 Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF MR. ERNEST HENDERSON, SR., TRAINING INSTRUCTOR FOR THE TUSKEGEE AIRMEN.

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

H. 4687 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION CONGRATULATING CMI INDUSTRIES, INC., ON ITS CENTENNIAL CELEBRATION.

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

H. 4691 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF WALTER SHERARD

Printed Page 890 . . . . . Thursday, February 29, 1996
MCADAMS OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

| Printed Page 870, Feb. 28 | Printed Page 890, Feb. 29 |
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