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 890, Feb. 29 | Printed Page 910, Mar. 5 |

Printed Page 900 . . . . . Thursday, February 29, 1996

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

OBJECTION

At 1:12 P.M., Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.

Senator McCONNELL objected.

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

Leave of Absence

At 1:15 P.M., Senator HAYES requested a leave of absence for the balance of the day.

Point of Quorum

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

The Senate resumed.

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

Point of Quorum

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

The Senate resumed.

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

ACTING PRESIDENT PRESIDES

At 1:43 P.M., Senator PATTERSON assumed the Chair.

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

Leave of Absence

At 1:45 P.M., Senator MESCHER requested a leave of absence to attend a meeting.


Printed Page 901 . . . . . Thursday, February 29, 1996

Point of Interest

Senate Reapportionment

With Senator LEATHERMAN retaining the floor, Senator MOORE rose to a Point of Personal Interest and announced that the Special Three-Judge Panel in the matter of Smith v. Beasley had issued an Order denying the Plaintiff's motion for a preliminary injunction to delay filing in primaries for the 1996 election cycle.

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

Leave of Absence

At 1:47 P.M., Senator J. VERNE SMITH requested a leave of absence for the balance of the day.

OBJECTION

At 1:48 P.M., Senator LANDER asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand adjourned, and requested a roll call vote.

Senator WASHINGTON objected.

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

PRESIDENT PRESIDES

At 1:50 P.M., the PRESIDENT assumed the Chair.

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

OBJECTION

At 2:17 P.M., Senator DRUMMOND asked unanimous consent to make a motion that the Senate recede from business for thirty minutes.

Senator LEATHERMAN objected.

OBJECTION

At 2:19 P.M., Senator BRYAN asked unanimous consent to make a motion, with Senator LEATHERMAN retaining the floor, that the Senate stand adjourned and requested a roll call vote.

Senator PATTERSON objected.


Printed Page 902 . . . . . Thursday, February 29, 1996

Point of Quorum

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

The Senate resumed.

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

Point of Quorum

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

Call of the Senate

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

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Elliott              Ford
Giese                Glover               Gregory
Jackson              Leatherman           Martin
Matthews             McConnell            McGill
Moore                O'Dell               Passailaigue
Patterson            Peeler               Rankin
Reese                Rose                 Russell
Ryberg               Setzler              Short
Smith, G.            Wilson               
A quorum being present, the Senate resumed.

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

Senator LEATHERMAN moved that the Senate stand adjourned.

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

Ayes 1; Nays 33

AYES
Cork                
TOTAL--1

Printed Page 903 . . . . . Thursday, February 29, 1996

NAYS
Alexander            Boan                 Bryan
Courson              Courtney             Drummond
Elliott              Fair                 Ford
Giese                Glover               Gregory
Jackson              Land                 Leatherman
Martin               Matthews             McConnell
McGill               Moore                O'Dell
Passailaigue         Patterson            Peeler
Rankin               Reese                Rose
Russell              Ryberg               Setzler
Short                Smith, G.            Wilson
TOTAL--33

The Senate refused to adjourn.

Senator MOORE moved to lay Amendment No. 15C on the table.

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

Ayes 4; Nays 30

AYES
Alexander           Cork                Elliott
Martin              
TOTAL--4

NAYS
Boan                 Bryan                Courson
Courtney             Fair                 Ford
Giese                Glover               Gregory
Jackson              Land                 Leatherman
Matthews             McConnell            McGill
Mescher*             Moore                O'Dell
Passailaigue         Patterson            Peeler
Rankin               Reese                Rose
Russell              Ryberg               Setzler
Smith, G.            Washington*          Wilson
TOTAL--30


Printed Page 904 . . . . . Thursday, February 29, 1996

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Senate refused to table the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

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

Ayes 31; Nays 5

AYES
Alexander           Boan                Courson
Courtney            Elliott             Fair
Ford                Giese               Glover
Gregory             Jackson             Land
Leatherman          Matthews            McConnell
McGill              Mescher*            Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Reese
Rose                Russell             Setzler
Short               Smith, G.           Washington
Wilson              
TOTAL--31

NAYS
Bryan                Cork                 Drummond
Martin               Ryberg               
TOTAL--5

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was adopted.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.


Printed Page 905 . . . . . Thursday, February 29, 1996

LOCAL APPOINTMENT

Confirmation

Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:

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

MOTION ADOPTED

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of a very courageous young South Carolinian, Master Ryan Crout of Gilbert, S.C.

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 1, 1996, it stand adjourned to meet next Tuesday, March 5, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 2:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *


Printed Page 906 . . . . . Friday, March 1, 1996

Friday, March 1, 1996

(Local 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 ACTING PRESIDENT, Senator WILSON.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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.

(By prior motion of Senator HOLLAND, with unanimous consent)

ADJOURNMENT

At 11:10 A.M., on motion of Senator COURSON, the Senate adjourned to meet next Tuesday, March 5, 1996, at 12:00 Noon.

* * *


Printed Page 907 . . . . . Tuesday, March 5, 1996

Tuesday, March 5, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 Psalmist's supplication for Mercy in Psalm 123 (vv. 1-2) (NRSV):

"To You I lift up my eyes,

O You who are enthroned in the heavens!

As the eyes of servants

look to the hand of their master..."
Let us pray.

O Thou the God that is above this world but yet so much a part of this earth on which mankind is placed: HEAR OUR MORNING PRAYER!

Most of us are heavily involved in political campaigns... our own... and of others.

The physical drain is great! Renew our stamina, O Lord!

The mental strain is great! Equip us, O Lord, with intellectual resources we didn't know we had.

The financial strain is great! Since we'd like to serve, support us by Your mercy.

The stress on our families is great! Provide for their needs because they love us!

We are known as "public servants"! We'd like to be known as "servants of God."

Have mercy!

Amen!

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


Printed Page 908 . . . . . Tuesday, March 5, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 22, 1996
Mr. President and Members of the Senate:

Due to the resignation of the appointee, I respectfully request withdrawal from your consideration the reappointment below.

Respectfully,
David M. Beasley

Withdrawal of Statewide Appointment

Reappointment, Jobs Economic Development Authority, with term to commence June 27, 1995, and to expire June 27, 1998:

1st Congressional District:

Mr. Andrew J. Combs, Number 10 Michele Manor, Hanahan, S.C. 29406

Referred to the Committee on Labor, Commerce and Industry.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1207 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, TO DEFINE CERTAIN TERMS, INCLUDING "MEDICAL LITERATURE", AND TO PROVIDE FOR RELATED MATTERS.

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

S. 1208 -- Senator Mescher: A BILL TO AMEND SECTION 59-39-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PARTICIPATION IN


Printed Page 909 . . . . . Tuesday, March 5, 1996

INTERSCHOLASTIC ACTIVITIES, SO AS TO PROVIDE THAT A STUDENT WHO HAS NOT PASSED AT LEAST FOUR ACADEMIC COURSES MAY PARTICIPATE IN AN INTERSCHOLASTIC ACTIVITY IF THE STUDENT NEEDS FEWER THAN FOUR UNITS TO RECEIVE A HIGH SCHOOL DIPLOMA AND THE STUDENT HAS PASSED ALL OF THE ACADEMIC COURSES WHICH HE HAS TAKEN DURING THE APPLICABLE SEMESTER.

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

S. 1209 -- Senator Richter: A JOINT RESOLUTION TO RESCIND AND REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING TO DAVID TRUESDELL AN EXCLUSIVE RIGHT TO PLANT OYSTERS ON A TRACT OF MARSHLAND AT THE NORTHEAST END OF SULLIVAN'S ISLAND.

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

S. 1210 -- Senators Jackson, Holland, Drummond, Land, Matthews and Glover: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE EXECUTIVE DIRECTOR TO DELETE THE NAME OF ANY ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS AND ALSO FAILED TO VOTE IN ANY OTHER ELECTION WHICH MIGHT HAVE BEEN HELD IN THE PRECINCT IN WHICH HE IS REGISTERED WITHIN THE PERIOD OF TIME INTERVENING BETWEEN THE TWO GENERAL ELECTIONS; AND TO AMEND SECTION 7-3-30 RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE THE PROVISION REQUIRING THE COUNTY BOARD OF VOTER REGISTRATION, UPON APPEAL OF THE VOTER, TO RESTORE THE NAME OF A PERSON WHOSE NAME WAS DELETED SOLELY BECAUSE HE FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS.

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

S. 1211 -- Senator Ryberg: A BILL TO AMEND SECTION 5-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR A MUNICIPALITY TO FURNISH ANY OF


Printed Page 910 . . . . . Tuesday, March 5, 1996

ITS SERVICES OUTSIDE THE CORPORATE LIMITS, SO AS TO PROHIBIT A MUNICIPALITY WHICH HAS EXTENDED FIRE PROTECTION SERVICES TO NONRESIDENT HOMEOWNERS PURSUANT TO A CONTRACTUAL AGREEMENT WHICH DID NOT REQUIRE REFRAINMENT FROM OPPOSITION TO ANNEXATION AS A CONDITION OF RECEIPT OF FIRE PROTECTION SERVICES FROM SUBSEQUENTLY IMPOSING SUCH CONDITION UPON THE NONRESIDENT HOMEOWNER OR A SUBSEQUENT PURCHASER.

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


| Printed Page 890, Feb. 29 | Printed Page 910, Mar. 5 |

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