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 880, Feb. 28 | Printed Page 900, Feb. 29 |
Printed Page 890 . . . . . Thursday, February 29, 1996
REPORTS OF STANDING COMMITTEE

Senator SETZLER from the Committee on Education submitted a favorable report on:

S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.

Ordered for consideration tomorrow.

Printed Page 891 . . . . . Thursday, February 29, 1996
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

Ordered for consideration tomorrow.

CONCURRENCE

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

The House returned the Bill with amendments.

On motion of Senator GREG SMITH, 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. 1193 -- Senator Jackson: A CONCURRENT RESOLUTION TO URGE THE AMERICAN BAR ASSOCIATION TO GIVE ITS FAVORABLE CONSIDERATION FOR THE THURGOOD MARSHALL AWARD TO ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED CITIZENS, JUDGE MATTHEW J. PERRY.

Returned with concurrence.

Received as information.

Printed Page 892 . . . . . Thursday, February 29, 1996
RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 29, 1996, at 11:55 A.M. and the following Acts were ratified:

(R258) S. 560 -- Senator Alexander: AN ACT TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.

(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

(R260) S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS AND TO PROVIDE THAT THE GEOGRAPHICAL COORDINATES OF THE HUNLEY'S LOCATION ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.

Printed Page 893 . . . . . Thursday, February 29, 1996
(R261) H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-57 SO AS TO REQUIRE A POST-PODIATRIC MEDICAL FORMAL PRECEPTORSHIP OR RESIDENCY PROGRAM AND TO AUTHORIZE ISSUANCE OF LIMITED LICENSES WHILE IN SUCH PROGRAM; TO AMEND SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO PROVIDE FOR THE ELECTION OF PODIATRIC NOMINEES TO THE BOARD FROM DISTRICTS CREATED IN THE STATE AND TO PROVIDE ELECTION PROCEDURES; TO AMEND SECTION 40-51-40, RELATING TO THE BOARD'S AUTHORITY TO PROMULGATE REGULATIONS, SO AS TO INCLUDE REGULATIONS ESTABLISHING CONTINUING EDUCATION REQUIREMENTS; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATION OF APPLICANTS FOR LICENSURE, SO AS TO EXPAND THE TYPE OF EXAMINATIONS THAT THE BOARD MAY ADMINISTER AND REQUIRE EXAMINATIONS TO BE OFFERED TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCAL LICENSURE AND LICENSURE BY ENDORSEMENT, SO AS TO DELETE PROVISIONS RELATING TO LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO DISPLAY AND RECORDING OF LICENSES, SO AS TO DELETE PROVISIONS REQUIRING RECORDING OF A LICENSE WITHIN THE COUNTY CLERK OF COURT; TO AMEND SECTION 40-51-140, RELATING TO LICENSE RENEWAL FEES, SO AS TO REQUIRE THE BOARD TO ESTABLISH THIS FEE IN REGULATIONS AND TO REQUIRE TWELVE HOURS OF CONTINUING EDUCATION FOR RENEWAL AND PENALTIES FOR FAILURE TO COMPLY; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY PROCEDURES AND GROUNDS FOR DISCIPLINE, SO AS TO REVISE THE THRESHOLD FOR INITIATING THESE PROCEDURES AND UNDER CERTAIN
Printed Page 894 . . . . . Thursday, February 29, 1996
CIRCUMSTANCES TO REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO AUTHORIZE THE BOARD TO OBTAIN RECORDS; TO AMEND SECTION 44-7-70, RELATING TO HEALTH CARE FACILITIES REPORTING TO THE STATE BOARD OF MEDICAL EXAMINERS THE RESULTS OF ACTIONS TAKEN AGAINST A PHYSICIAN'S PRACTICE PRIVILEGES, SO AS TO ALSO REQUIRE SUCH REPORTING ON PODIATRISTS TO THE BOARD OF PODIATRY EXAMINERS; AND TO REPEAL SECTION 40-51-90, RELATING TO PASSING SCORES ON PODIATRY EXAMINATIONS.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.

H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER

Printed Page 895 . . . . . Thursday, February 29, 1996
ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 917 -- Senators Wilson, Lander, Hayes, Reese, Elliott, Alexander and Setzler: A BILL TO AMEND SECTION 56-3-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO ELIMINATE THE THIRTY DOLLAR BIENNIAL FEE.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 1094 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE THE PRECINCT LINES FOR GRAY COURT AND WOODVILLE PRECINCTS.

Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator BRYAN proposed the following amendment (1094R001.JEB), which was adopted:

Amend the bill, as and if amended, page 1, by adding the following beginning on line 20:

"Section 7-7-360. (A) In Laurens County there are the following precincts: Ward 1; Ward 2; Ward 3; Ward 4; Ward 5; Ward 6; Bailey; Trinity Ridge; Wattsville; Barksdale-Narnie; Madden; Clinton No. 1; Clinton No. 2; Joanna; Lydia Mill; Mountville; Jones Store; Owings; Gray Court; Woodville; Cooks Store; Youngs; Long Branch; Cross Hill; Waterloo; Ekom; Mount Olive; Hickory Tavern; Princeton; Brewerton; Clinton Mill; Ora-Lanford; Martins Store-Poplar Springs.

Printed Page 896 . . . . . Thursday, February 29, 1996
(B) Except as otherwise provided below, the The precinct lines defining the above precincts in subsection (A) are as shown on the official map dated January 31, 1991, designated as P-5996 and on file with the Division of Research and Statistical Services of the State Budget and Control Board and as shown on certified copies provided to the State Election Commission and the Board of Voter Registration of the county by the Division of Research and Statistical Services.

The precinct lines defining Wards 1 through 6 are as shown on the official map dated February 26, 1990, prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board which the division shall provide certified copies of to the State Election Commission and the Laurens County Board of Voter Registration."/

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

OBJECTION

S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE REMAINING AMOUNT OF THE LOAN APPROVED BY THE STATE TREASURER AND EXECUTED ON BEHALF OF THE CITY OF CHARLESTON THROUGH THE PATRIOT'S POINT DEVELOPMENT AUTHORITY FROM FUNDS MADE AVAILABLE PURSUANT TO SECTION 51-13-860, EQUAL TO FOUR HUNDRED THOUSAND DOLLARS, MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER.

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

Senator PASSAILAIGUE spoke on the Resolution.

Senator LEATHERMAN objected to further consideration of the Resolution.

CARRIED OVER

H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND

Printed Page 897 . . . . . Thursday, February 29, 1996
DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.

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

H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.

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

READ THE SECOND TIME

H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

On motion of Senator HOLLAND, with unanimous consent, the Bill was read the second time and ordered place on the third reading Calendar.

H. 3339--Ordered to a Third Reading

On motion of Senator HOLLAND, with unanimous consent, H. 3339 was ordered to receive a third reading on Friday, March 1, 1996.

Printed Page 898 . . . . . Thursday, February 29, 1996
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, DEBATE INTERRUPTED

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 15C (3901R033.ELP) proposed by Senators PASSAILAIGUE, DRUMMOND, FORD, GIESE, GLOVER, GREGORY, HOLLAND, JACKSON, LAND, LEVENTIS, MATTHEWS, McCONNELL, McGILL, MESCHER, O'DELL, PATTERSON, RANKIN, REESE, ROSE and WASHINGTON and previously printed in the Journal of Wednesday, February 28, 1996.

Senator LEATHERMAN argued contra to the adoption of the amendment.

Point of Quorum

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

Call of the Senate

Senator McCONNELL 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
Gregory              Hayes                Holland
Printed Page 899 . . . . . Thursday, February 29, 1996
Jackson              Land                 Lander
Leatherman           Martin               Matthews
McConnell            McGill               Mescher
Moore                O'Dell               Passailaigue
Peeler               Rankin               Richter
Russell              Ryberg               Setzler
Short                Smith, G.            Smith, J.V.
Waldrep              Washington           Wilson
A quorum being present, the Senate resumed.

Presence Recorded

Senators PATTERSON, REESE and ROSE recorded their presence subsequent to the Call of the Senate.

Senator LEATHERMAN argued contra to the adoption of the amendment.

OBJECTION

At 12:35 P.M., Senator COURSON asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand adjourned.

Senator MOORE objected.

Senator LEATHERMAN argued contra to the adoption of the amendment.

OBJECTION

At 1:05 P.M., Senator COURSON asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand adjourned.

Senator McCONNELL objected.

Senator LEATHERMAN continued arguing contra to the adoption of the amendment.

OBJECTION

At 1:10 P.M., Senator PEELER asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand in recess until 3:00 P.M.

Senator PATTERSON objected.

| Printed Page 880, Feb. 28 | Printed Page 900, Feb. 29 |
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