1995 Permanent Senate Journal Printed Pages 1070-1079 - South Carolina Legislature Online

Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

Printed Page 1060, Mar. 21 | Printed Page 1080, Mar. 21

Printed Page 1070 . . . . . Tuesday, March 21, 1995

S. 650 -- Senators J. Verne Smith, Giese, Land, Leventis, Martin and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW.

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

S. 651 -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO PROVIDE THAT A NEW FIVE-YEAR PROPERTY TAX EXEMPTION PERIOD FOR PURPOSES OF THE VARIOUS FIVE-YEAR EXEMPTIONS BEGINS FOLLOWING AN ARMS LENGTH SALE OF ASSETS BETWEEN UNRELATED PARTIES AND TO PROVIDE THOSE TRANSACTIONS THAT ARE CONSIDERED TO BE BETWEEN RELATED PARTIES.

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

Printed Page 1071 . . . . . Tuesday, March 21, 1995

S. 652 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-55 SO AS TO ESTABLISH A ONE-YEAR PODIATRY LICENSE FOR PARTICIPATION IN A PRECEPTORSHIP OR ONE-YEAR RESIDENCY PROGRAM AND TO PROVIDE FOR THE LICENSING AND PROGRAM REQUIREMENTS; BY ADDING SECTION 40-51-57 SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS OF A PRECEPTOR PROGRAM AND A RESIDENCY PROGRAM; BY ADDING SECTION 40-51-165 SO AS TO PROVIDE HEARING PROCEDURES WHEN A LICENSEE OR APPLICANT FAILS TO APPEAR AT A HEARING; BY ADDING SECTION 40-51-280 SO AS TO PROVIDE FOR CONSULTATION WITH THE BOARD OF MEDICAL EXAMINERS WHEN THERE IS A DISCIPLINARY MATTER INVOLVING A PODIATRIST; BY AMENDING SECTION 40-51-20, RELATING TO DEFINITIONS, SO AS TO DEFINE ADDITIONAL TERMS; BY AMENDING SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO FURTHER PROVIDE FOR THE ELECTION OF NOMINEES TO THE BOARD; BY AMENDING SECTION 40-51-60, RELATING TO FEES, SO AS TO REQUIRE PODIATRISTS TO ALSO MEET OTHER REQUIREMENTS AS PROVIDED FOR IN CHAPTER 51; BY AMENDING SECTION 40-51-65, AS AMENDED, RELATING TO REQUIREMENTS FOR EXAMINATION, SO AS TO REVISE THESE REQUIREMENTS; BY AMENDING SECTION 40-51-80, RELATING TO EXAMINATIONS, SO AS TO PROVIDE FOR THE EXAMINATIONS THAT MAY BE ADMINISTERED; BY AMENDING SECTION 40-51-90, RELATING TO EXAMINATION SCORES, SO AS TO REVISE THE MINIMUM SCORES ACCEPTED FOR LICENSURE; TO AMEND SECTION 40-51-100, RELATING TO EXAMINATION FEES, SO AS TO PROVIDE PAYMENT AND REEXAMINATION PROCEDURES; BY AMENDING SECTION 40-51-110, RELATING TO LICENSE RECIPROCITY, SO AS TO REQUIRE THREE YEARS RATHER THAN ONE YEAR OF PRACTICE IN ANOTHER STATE; BY AMENDING SECTION 40-51-130, RELATING TO DISPLAY AND RECORDING OF LICENSES, SO AS TO DELETE THE REQUIREMENT THAT A LICENSE BE RECORDED WITH THE CLERK OF COURT; BY AMENDING SECTION 40-51-140, RELATING TO LICENSE RENEWAL, SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF RENEWAL; BY AMENDING SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION, SO AS TO AUTHORIZE

Printed Page 1072 . . . . . Tuesday, March 21, 1995

THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS, ACCESS TO RECORDS AND USE OF RECORDS IN PROCEEDINGS, TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS OR ACCESS TO RECORDS; AND TO PROVIDE FOR THE TERMS OF CURRENT PODIATRY BOARD MEMBERS TO EXPIRE, FOR THE ELECTION OF NEW MEMBERS, AND FOR STAGGERED TERMS.

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

Recalled and Committed

Senator GIESE asked unanimous consent to recall the Bill from the Committee of Labor, Commerce and Industry and commit it to the Committee on Medical Affairs.

There was no objection.

The Bill was committed to the Medical Affairs Committee.

S. 653 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.

Senator LEATHERMAN spoke on the Bill.

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

H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.

Read the first time and referred to the Committee on Medical Affairs.

H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A

Printed Page 1073 . . . . . Tuesday, March 21, 1995

BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.

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

H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.

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

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

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

H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.

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

Printed Page 1074 . . . . . Tuesday, March 21, 1995

H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

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

REPORT OF STANDING COMMITTEE

Senator LAND from the Committee on Transportation polled out H. 3666 with no report:

H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

Poll of the Transportation Committee on H. 3666
Ayes 12; Nays 0; Not Voting 6

AYES

Land              Leatherman       Leventis

O'Dell            Wilson           Smith, G.

Patterson         McGill           Short

Elliott           Waldrop          Rankin

TOTAL--12

Printed Page 1075 . . . . . Tuesday, March 21, 1995

NAYS

TOTAL--0

NOT VOTING
Williams Mescher Passailaigue
Rose Richter Ryberg

TOTAL--6

Objection

Senator GIESE asked unanimous consent to carry the Bill over.

Senator RANKIN objected.

Ordered for consideration tomorrow.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 636 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.

S. 636--Ordered to a Third Reading

On motion of Senator WASHINGTON, S. 636 was ordered to receive a third reading on Wednesday, March 22, 1995.

RECESS

At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Elections

At 12:30 P.M. the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY,

Printed Page 1076 . . . . . Tuesday, March 21, 1995

MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.

Election of a Successor to the Position of
Associate Justice, S.C. Supreme Court

The PRESIDENT announced that nominations were in order to elect a successor to the position of Associate Justice, S.C. Supreme Court.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Honorable Ralph K. Anderson, Jr., the Honorable E.C. Burnett, III, the Honorable Costa M. Pleicones and the Honorable C. Victor Pyle, Jr. had been screened and found qualified.

On motion of Senator McCONNELL, the name of the Honorable C. Victor Pyle, Jr. was withdrawn from consideration.

Motion Adopted

Senator McCONNELL asked unanimous consent to make a motion that a letter from Judge Pyle be printed in the Journal.

Printed Page 1077 . . . . . Tuesday, March 21, 1995

There was no objection.

COMMUNICATION
THE CIRCUIT COURT OF SOUTH CAROLINA
Thirteenth Judicial Circuit

March 21, 1995
The Honorable David H. Wilkins
Speaker, House of Representatives
508 Blatt Building
Columbia, S.C. 29211

Dear Mr. Speaker:

To be a viable candidate for the Supreme Court I must have not only the vote of but the active support of the delegations of the Thirteenth Judicial Circuit. Unfortunately, for reasons that have been addressed in the news media, much of this support has left me. It has also eroded support from other districts that I expected to help. Simply put, I do not have sufficient pledges to make a respectable showing.

I take this opportunity to thank you, Representatives Haskins, McMahand, Rice, Herdklotz, Jaskwhich and Anderson and Senators Smith and Martin for your pledges of support.

It is my sincere belief I would have been a constructive member of the Court helping to build a consensus in these difficult and important times.

Please withdraw my name from consideration as a candidate for the Supreme Court of South Carolina.

Sincerely,
C. Victor Pyle, Jr.

Rep. D. Smith nominated the Honorable E.C. Burnett, III.

Rep. Harvin seconded the nomination.

Rep. Harrison nominated the Honorable Costa Pleicones.

Rep. Baxley nominated the Honorable Ralph K. Anderson.

Rep. Hodges seconded the nomination of Judge Anderson and moved that the nominations be closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

Printed Page 1078 . . . . . Tuesday, March 21, 1995

The following named Senators voted for Mr. Anderson:

Drummond          Elliott          Glover

Land              Leatherman       McGill

Mescher           Rankin           Saleeby

Setzler           Smith, G.

TOTAL--11

The following named Senators voted for Mr. Burnett:

Alexander         Bryan            Courtney

Ford              Hayes            Lander

Martin            Matthews         McConnell

Passailaigue      Peeler           Reese

Russell           Smith, J.V.      Thomas

Washington        Williams

TOTAL--17

The following named Senators voted for Mr. Pleicones:

Cork              Courson          Giese

Gregory           Holland          Jackson

Leventis          Moore            Patterson

Richter           Ryberg           Short

Waldrep           Wilson

TOTAL--14

On motion of Rep. Wilkins, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Anderson:

Askins           Baxley           Brown, G.

Cromer           Harris, J.       Harris, P.

Harvin           Hines            Jennings

Kelley           Kennedy          Koon

Limbaugh         Martin           McElveen

McKay            McTeer           Neilson

Seithel          Thomas           Witherspoon

Worley           Young, J.

Total--23

Printed Page 1079 . . . . . Tuesday, March 21, 1995

The following named Representatives voted for Mr. Burnett:

Allison          Anderson         Bailey

Beatty           Breeland         Brown, H.

Brown, T.        Cain             Canty

Carnell          Cave             Chamblee

Cooper           Dantzler         Delleney

Easterday        Elliott          Fair

Fleming          Fulmer           Govan

Hallman          Harrell          Haskins

Herdklotz        Huff             Inabinett

Klauber          Lanford          Littlejohn

Lloyd            Marchbanks       McCraw

McMahand         Meacham          Moody-Lawrence

Neal             Phillips         Quinn

Rhoad            Rice             Sandifer

Sharpe           Simrill          Smith, D.

Smith, R.        Stoddard         Tripp

Trotter          Vaughn           Waldrop

Walker           Wells            Whatley

Whipper, L.      Whipper, S.      White

Wilder           Wilkins          Wofford

Young, A.

Total--61

The following named Representatives voted for Mr. Pleicones:

Boan             Brown, J.        Byrd

Clyburn          Cobb-Hunter      Cotty

Felder           Gamble           Harrison

Hodges           Howard           Hutson

Keegan           Keyserling       Kirsh

Knotts           Law              Limehouse

Mason            McAbee           Richardson

Riser            Robinson         Rogers

Scott            Sheheen          Shissias

Spearman         Stille           Stuart

Townsend         Tucker           Wilkes

Williams         Wright

Total--35

Printed Page 1060, Mar. 21 | Printed Page 1080, Mar. 21

Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 2:08 P.M.