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 1110, Mar. 22 | Printed Page 1130, Mar. 22 |

Printed Page 1120 . . . . . Wednesday, March 22, 1995

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

S. 184 -- Senator Rose: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REQUIRE THE BOARD BY REGULATION TO PRESCRIBE THE USE OF PHONICS IN TEACHING READING AND TO PROVIDE IN-SERVICE TRAINING IN PHONICS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.

The Education Committee proposed the following amendment (S-EDUC\184.1), which was adopted:

Amend the bill, as and if amended, by striking all of SECTION 1 and inserting:

/SECTION 1. The 1976 Code of Laws is amended by adding:

"Section 59-19-115. School district boards of trustees may prescribe minimum standards requiring the use of phonics as a technique in teaching reading in kindergarten and grades one through three. When requested by a school district, the State Department of Education shall provide in-service training programs for teachers in the use of phonics as a technique in teaching reading in kindergarten and grades one through three."/

Amend title to conform.


Printed Page 1121 . . . . . Wednesday, March 22, 1995

Senator MATTHEWS explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

The Transportation Committee proposed the following amendment (DKA\3810CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 60

Shriners License Plates

Section 56-3-7100. The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. Only one plate may be issued to a Shriner."/

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

S. 428 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH


Printed Page 1122 . . . . . Wednesday, March 22, 1995

CAROLINA, 1976, RELATING TO THEHUNTING SEASON FOR SMALL GAME, SO AS TO EXTEND THE RACCOON HUNTING SEASON IN GAME ZONE NINE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (PFM\7278BDW.95), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 50-11-120(A)(9)(e), as last amended by Act 473 of 1994, is further amended to read:

"(e) raccoon and opossum: September first August fifteenth through October fourteenth; March second through March thirty-first April fifteenth without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day;"

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

S. 503 -- Senator Stilwell: A BILL TO AMEND SECTION 15-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO INCLUDE TORT ACTIONS AGAINST A DEFENDANT.

Senator WILLIAMS 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 adoption of the amendment proposed by the Committee on Judiciary.


Printed Page 1123 . . . . . Wednesday, March 22, 1995

The Judiciary Committee proposed the following amendment (JUD0503.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 36, by striking SECTION 2 in its entirety.

Renumber remaining SECTIONS to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

S. 509 -- Senator Reese: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

The Transportation Committee proposed the following amendment (DKA\3809CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1, and inserting:

/SECTION 1. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150. The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of


Printed Page 1124 . . . . . Wednesday, March 22, 1995

production, administration, and issuance of this plate and provide this information to the General Assembly.
"/

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

S. 524 -- Senator Leventis: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES COAST GUARD AUXILIARY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

The Transportation Committee proposed the following amendment (DKA\3808CM.95), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 62

United States Coast Guard Auxiliary License Plate

Section 56-3-7200. The department may issue a special motor vehicle license plate to a member of the United States Coast Guard Auxiliary for a private motor vehicle registered in the member's name. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.

Section 56-3-7210. The special license plate must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words `United


Printed Page 1125 . . . . . Wednesday, March 22, 1995

States Coast Guard Auxiliary' together with numbers the department may determine necessary."

Amend title to conform.

Senator LEVENTIS explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

ADOPTED

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

RECOMMITTED

S. 317 -- Senator Elliott: A BILL TO AMEND SECTION 23-28-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS, SO AS TO REVISE THE DEFINITION OF "RESERVES" AND "CHIEFS"; TO AMEND SECTION 23-28-20, RELATING TO THE APPOINTMENT AND DUTIES OF RESERVE POLICE OFFICERS, SO AS TO REVISE A CHIEF'S APPOINTMENT POWERS; TO AMEND SECTION 23-28-30, RELATING TO RESERVE POLICE OFFICER TRAINING COURSES, SO AS TO REQUIRE RESERVE POLICE OFFICERS TO COMPLETE THE BASIC CORRECTIONAL OFFICER TRAINING COURSE BEFORE ASSUMING CORRECTIONAL DUTIES; AND TO AMEND SECTION 23-28-40, RELATING TO RESERVE OFFICER TRAINING, SO AS TO REDUCE THE NUMBER OF HOURS OF PRELIMINARY TRAINING.

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

There was no objection.


Printed Page 1126 . . . . . Wednesday, March 22, 1995

On motion of Senator LANDER, the Bill was recommitted to the Committee on Judiciary.

CARRIED OVER

H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.

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

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME


Printed Page 1127 . . . . . Wednesday, March 22, 1995

PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

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

Committee to Escort

The PRESIDENT appointed Senators MATTHEWS, DRUMMOND, LEVENTIS and MESCHER to escort the Honorable William M. Detweiler, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.

RECESS

At 11:58 A.M., the Senate stood in recess for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY

"Children and Adults with Disabilities Day"

At 12:00 Noon, the Senate appeared in the Hall of the House.


Printed Page 1128 . . . . . Wednesday, March 22, 1995

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. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Life Abilities-State Easter Seal Representatives, their parents and members of their party were escorted to the rostrum by Senators and Representatives.

The PRESIDENT then recognized Rep. Walker, Vice Chairman, Joint Committee for the Disabled.

Rep. Walker introduced the members of the Joint Committee for the Disabled.

Rep. Walker introduced Senator LANDER, Chairman of the Committee.

Senator LANDER also recognized the State Campaign Chairwoman, Mrs. Mary Wood Beasley; Mr. Joseph D. Jones, President, Life Abilities-Easter Seals; and Mr. Rick Johnson, State President, S.C. Law Enforcement Officer's Assoc.; John L. Caudle, II, Executive Director of the SLED Officer's Assoc.; and Peter Finazzo, President, S.C. Restaurant Association; and Thomas L. Sponseller, Executive Director, S.C. Restaurant Assoc.; Maj. Larry Mixon, Chairman of the "Overall" B.A.C. Committee; and Mr. Harold Corley and Mr. Wilton Bagwell, Co-Chairmen for B.A.C., who have worked so hard to make the Buck-A-Cup (B.A.C.) Campaign such a success.

Senator LANDER then introduced the following members who, in turn, introduced the Life Abilities-State Easter Seal Representatives and guests:

Senator WALDREP and Rep. Cooper introduced Angela and Amber Gail Lowe, mother and daughter, of Anderson County.


Printed Page 1129 . . . . . Wednesday, March 22, 1995

Senator GREG SMITH and Rep. T. Brown, introduced Brittany Ann Carter, daughter of Regina Carter of Georgetown County.

Senator REESE and Rep. Beatty introduced Amy King, daughter of Mr. and Mrs. Javan King of Spartanburg County.

Senator MARTIN and Rep. Robinson introduced Christopher Lawrence, son of Judy Lawrence of Pickens County.

Rep. Baxley introduced Robert Clay Smith, son of Mr. and Mrs. Robert Smith of Darlington County.

Senator COURSON and Rep. Harrison introduced Luther and Mary Ellen Gower, husband and wife, of Richland County.

The purposes of this portion of the Joint Assembly having been accomplished, the Life Abilities-Easter Seal Representatives, their families and guests, departed the Chamber.

Address by the National Commander of the American Legion

Immediately following the Joint Assembly honoring the State Easter Seal Representatives and their families, in recognition of "Children and Adults with Disabilities Day," the PRESIDENT announced that the Joint Assembly would proceed to an address by the Honorable William M. Detweiler, National Commander of the American Legion, under the terms of the following Concurrent Resolution adopted by both Houses:

H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.

The Honorable William M. Detweiler, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators MATTHEWS, DRUMMOND, LEVENTIS and MESCHER and Representatives Williams, Stille, Law and Hutson.

The PRESIDENT of the Senate introduced the Honorable William M. Detweiler, National Commander of the American Legion.

Commander Detweiler addressed the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the President declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.


| Printed Page 1110, Mar. 22 | Printed Page 1130, Mar. 22 |

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