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 960, Mar. 6 | Printed Page 980, Mar. 7 |
Printed Page 970 . . . . . Wednesday, March 6, 1996
Amendment No. 16B proposed by Senator PASSAILAIGUE, in favor of Amendments Nos. 35, 36 and 37, and in favor of giving the Bill third reading, as amended.

Senator DRUMMOND was recognized.

On motion of Senator DRUMMOND, debate was interrupted by the Executive Session, and upon lifting of the veil of secrecy, the Senate stood adjourned.

Statement by Senator LANDER

I was unable to stay for the final hour of the Senate's Thursday, February 29, 1996, session, as I had to leave to attend a committee meeting on the Palmetto Municipal Power Association legislation. Had I been present, I would have voted to support passage of Senator Passailaigue's amendment which would allow the people of South Carolina to vote on these important matters.

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. Louise M. Hill, 157 Grove Street, Charleston, S.C. 29403

EXECUTIVE SESSION

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS

Confirmations

Having been reported favorably from Executive Session, on motion of Senator SALEEBY, with unanimous consent, the following appointments were confirmed:

Reappointment, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:

Consumer:

Printed Page 971 . . . . . Wednesday, March 6, 1996
Mr. Kenneth A. Boiter, Interstate/Johnson Lane, Post Office Box 652, Spartanburg, S.C. 29304-0652

Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:

Licensed Consumer Finance:

Mr. William F. Sachs, 1412 Kathwood Drive, Columbia, S.C. 29206 VICE Derial L. Ogburn

Initial Appointment, Director of the Department of Insurance, with term to commence July 1, 1995, and to expire at the pleasure of the Governor:

Mr. Lee P. Jedziniak, Director, Department of Insurance, 1612 Marion Street, Columbia, S.C. 29201

Reappointment, Board of Financial Institutions, with term to commence June 30, 1993, and to expire June 30, 1997:

Consumer Financial Institution:

Mrs. Ruth B. Looper, 5 Saluda Lake Circle, Greenville, S.C. 29611

Reappointment, Board of Financial Institutions, with term to commence June 30, 1996, and to expire June 30, 2000:

Credit Union League:

Mr. F.M.C. Fralix, President, South Carolina State Credit Union, 800 Huger Street, Columbia, S.C. 29201

Member, Board of Financial Institutions, with term to expire June 30, 1996:

Credit Union League:

Mr. F.M.C. Fralix, President, South Carolina State Credit Union, 800 Huger Street, Columbia, S.C. 29201 VICE James L. Faile (retired) Senate Confirmation: Required at this legislative session

Reappointment, Commission on Consumer Affairs, with term to commence September 1, 1994, and to expire September 1, 1998:

At-Large:

Ms. DeAnna S. Trout, Post Office Box 995, Moncks Corner, S.C. 29461

Having been reported favorably from Executive Session, on motion of Senator WILSON, with unanimous consent, the following appointment was confirmed:

Printed Page 972 . . . . . Wednesday, March 6, 1996
Initial Appointment, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with term to commence September 15, 1995, and to expire at the pleasure of the Governor:

County Officer:

Mr. Robert C. Weaver, Jr., Calhoun County Veterans Affairs Officer, Courthouse Annex, Room 119, 117 Liberty Street, St. Matthews, S.C. 29135

MOTION ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Senator RANKIN's aunt, Ms. Esta Norris Rankin of Allsbrook, S.C.

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns, it stand adjourned to meet tomorrow at 10:00 A.M., which motion was adopted.

ADJOURNMENT

At 7:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *

Printed Page 973 . . . . . Thursday, March 7, 1996
Thursday, March 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 Jesus in John's Gospel, Chapter 13 (vv.16-17) (NRSV):

"Very truly, I tell you, servants are not

greater than their master, nor are messen-

gers greater than the one who sent them.

If you know these things, you are blessed

if you do them."
Let us pray.

We thank You, Lord, for the revelation that happiness and peace of mind come not from knowledge alone, but from putting knowledge into action... sometimes called "obedience."

Grant, O Lord, that we do not let our knowledge and experience of the truth lie, as Coleridge once said,

"Bed-ridden in the dormitory of the soul,

Side by side with the most despised

and exploded errors."

So, may we this day be doers of Your will... and let us pick up the happiness that we find along this path, through Christ our Lord.

Amen.

Point of Quorum

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

The Senate resumed.

Call of the Senate

Senator BRYAN 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                Glover               Gregory
Printed Page 974 . . . . . Thursday, March 7, 1996
Hayes                Jackson              Land
Lander               Leatherman           Leventis
Martin               Matthews             McConnell
McGill               Mescher              Moore
O'Dell               Passailaigue         Patterson
Peeler               Richter              Rose
Ryberg               Setzler              Short
Smith, G.            Smith, J.V.          Thomas
Waldrep              Washington           Wilson
A quorum being present, the Senate resumed.

Presence Recorded

Senators RUSSELL, ELLIOTT, REESE and HOLLAND recorded their presence subsequent to the Call of the Senate.

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

VETO OVERRIDDEN

(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.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 6, 1996
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 804, R. 259, 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.

This veto is based upon my belief that S. 804, R. 259 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

Printed Page 975 . . . . . Thursday, March 7, 1996
For the above reason, I am vetoing S. 804, R. 259 of 1996.

Sincerely,
David M. Beasley

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

Senator ROSE 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
Reese               Richter             Rose
Russell             Ryberg              Saleeby
Setzler             Short               Smith, G.
Smith, J.V.         Thomas              Waldrep
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.





Printed Page 976 . . . . . Thursday, March 7, 1996




Doctor of the Day



Senator GIESE introduced Dr. Annette Lynn of Columbia, S.C., Doctor of the Day.



INTRODUCTION OF BILLS AND RESOLUTIONS



The following were introduced:


S. 1232 -- Senator J. Verne Smith:  A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WRITTEN APPLICATION FOR REGISTRATION TO VOTE, SO AS TO MAKE A PERSON'S SOCIAL SECURITY NUMBER NOT OPEN TO PUBLIC INSPECTION, PROVIDE THAT AN ELECTION OFFICIAL MAY NOT DISQUALIFY A PROSPECTIVE VOTER FOR FAILURE TO PROVIDE HIS SOCIAL SECURITY NUMBER ON THE APPLICATION, AND PROVIDE A PROCEDURE FOR PROCESSING THE APPLICATION OF A PERSON WHO OBJECTS TO PROVIDING HIS SOCIAL SECURITY NUMBER.


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


S. 1233 -- Senator Ford:  A BILL TO AMEND SECTION 2-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY REQUIREMENTS OF CANDIDATES FOR THE HOUSE OF REPRESENTATIVES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; AND TO ADD SECTION 2-1-62, SO AS TO PROVIDE QUALIFICATIONS FOR A CANDIDATE FOR THE SENATE AND HOUSE OF REPRESENTATIVES.


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


S. 1234 -- Senator McConnell:  A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAMILY COURT'S EXCLUSIVE JURISDICTION, SO AS TO AUTHORIZE THE FAMILY COURT TO ISSUE ORDERS CONCERNING THE GUARDIANSHIP OF MINORS; SECTION 62-1-302, RELATING TO THE SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO CLARIFY THAT THE FAMILY COURT HAS JURISDICTION TO DETERMINE ISSUES OF GUARDIANSHIP; SECTION 62-5-201, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION TO DETERMINE THE GUARDIANSHIP 



Printed Page 977 . . . . . Thursday, March 7, 1996



OF MINORS; AND TO REPEAL TITLE 21, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS.


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


S. 1235 -- Senator McConnell:  A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAMILY COURT'S EXCLUSIVE JURISDICTION, SO AS TO ALLOW EXPUNGEMENT OF A MINOR'S RECORD PURSUANT TO SECTIONS 20-7-1335, 17-1-40, 17-22-150, 34-11-90, AND 44-53-450.


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


S. 1236 -- Senators McConnell and Ryberg:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-287 SO AS TO PROVIDE A PROCEDURE FOR A FREEHOLDER OWNING PROPERTY IN A MUNICIPALITY TO PETITION ANY MUNICIPALITY TO ANNEX THAT PROPERTY IF IT IS CONTIGUOUS AND PROVIDE FOR THE ASSUMPTION OF DEBT BY THE RECEIVING MUNICIPALITY.


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


S. 1237 -- Senators Land and McGill:  A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.


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


S. 1238 -- Senator J. Verne Smith:  A BILL TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THAT CERTAIN LICENSE PLATES FROM THIS STATE OR ANOTHER STATE MUST NOT BE ATTACHED TO THE OUTSIDE FRONT OF A VEHICLE, AND TO PROVIDE PENALTIES.


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


S. 1239 -- Senators Thomas, J. Verne Smith, Bryan, Fair and Boan:  A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO 



Printed Page 978 . . . . . Thursday, March 7, 1996



REDUCE THE AREA TO ONLY INCLUDE SPARTANBURG COUNTY WITHIN THE ENVIRONS AREA, TO CHANGE THE NAME OF THE ENVIRONS PLANNING COMMISSION, AND DELETE FROM THE MEMBERSHIP OF THE COMMISSION MEMBERS REPRESENTING GREENVILLE COUNTY AND THE CITY OF MAULDIN.


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


S. 1240 -- Senators Moore, Ryberg and Setzler:  A SENATE RESOLUTION TO CONGRATULATE MR. AND MRS. SAM WOODRING OF NORTH AUGUSTA UPON THEIR RECEIPT OF THE AIKEN COUNTY OUTSTANDING OLDER AMERICAN AWARD.


The Senate Resolution was adopted.


S. 1241 -- Senator Passailaigue:  A BILL TO AMEND SECTION 37-5-111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CURE OF DEFAULT, SO AS TO PROVIDE PROCEDURES FOR CREDITORS TO FOLLOW WHEN REPOSSESSING GOODS THAT ARE SUBJECT TO AN INSTALLMENT CONTRACT UPON DEFAULT BY THE CONSUMER.


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


S. 1242 -- Senator McConnell:  A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; 



Printed Page 979 . . . . . Thursday, March 7, 1996



BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.


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


H. 4713 -- Rep. G. Brown:  A CONCURRENT RESOLUTION COMMENDING THE LEE COUNTY SECTION OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED, ON ITS TENTH ANNIVERSARY OF SERVICE TO SOUTH CAROLINA, AND RECOGNIZING THE ACCOMPLISHMENTS OF DR. DOROTHY IRENE HEIGHT, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED.


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



REPORT OF STANDING COMMITTEE



Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:


H. 3897 -- Rep. Sharpe:  A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.


Ordered for consideration tomorrow.



HOUSE CONCURRENCE



S. 1230 -- Senators O'Dell and Bryan:  A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND FORMER COLLEAGUE, THE HONORABLE MILFORD "DOLLY" COOPER, FOR HIS SERVICE TO THE PEOPLE OF THE PIEDMONT COMMUNITY IN ANDERSON COUNTY AS HE CLOSES THE 



Printed Page 980 . . . . . Thursday, March 7, 1996



DOORS OF THE PIEDMONT ECONOMY STORE FIFTY-SEVEN YEARS AFTER HE OPENED IT FOR BUSINESS.






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