1995 Permanent Senate Journal Printed Pages 1140-1149 - 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 1130, Mar. 22 | Printed Page 1150, Mar. 23

Printed Page 1140 . . . . . Thursday, March 23, 1995

Thursday, March 23, 1995
(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, St. Paul wrote to the Ephesians, (NRSV) Chapter 4 (32):

"And be kind to one another, tender

hearted, forgiving one another, as God

in Christ has forgiven you. Therefore

be imitators of God, as beloved children."
Let us pray.

Our Father, we thank You for this new day, resplendent in the beauty of springtime.

We thank You for work to do and strength with which to do it.

As we come to our tasks today, give us a sense of the Divine Presence that, whether at home or in Caesar's House, we may
say,

"O make me Thine forever, and should I

fainting be,

Lord, let me never, never, outlive

my love for Thee."

Amen.

Point of Quorum

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

Call of the Senate

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

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Ford              Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore



Printed Page 1141 . . . . . Thursday, March 23,
1995

Passailaigue      Patterson        Peeler

Rankin            Richter          Rose

Russell           Ryberg           Saleeby

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Williams

Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senators REESE and GIESE recorded their presence subsequent to the Call of the Senate.

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

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1826
Promulgated by Department of Health and Environmental Control: Coastal Council
Permitting in the Coastal Zone
Received by Lt. Governor January 25, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 25, 1995

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. John Evans of Greenville, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 658 -- Senator Waldrep: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, MEMBERSHIP, MEETINGS, AND OFFICERS OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE

Printed Page 1142 . . . . . Thursday, March 23, 1995

THE MEMBERSHIP OF THE JOINT COMMITTEE FOR THE PURPOSE OF SCREENING JUDICIAL CANDIDATES; TO AMEND SECTION 2-19-20, RELATING TO THE FILING OF THE NOTICE OF INTENTION WITH THE COMMITTEE, SO AS TO PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY MAY BE ELECTED TO A JUDICIAL OFFICE WHILE SERVING IN THE GENERAL ASSEMBLY; TO AMEND SECTION 2-19-30, RELATING TO HEARINGS ON QUALIFICATIONS OF CANDIDATES, SO AS TO PROVIDE THAT THE COMMITTEE MUST MAKE SPECIFIC FINDINGS AS TO EACH CANDIDATE'S QUALIFICATIONS; TO AMEND SECTION 2-19-80, RELATING TO REOPENING OF FILING WHERE AN INCUMBENT JUDGE WITHDRAWS, DIES, OR IS FOUND NOT QUALIFIED, SO AS TO ADD A REFERENCE TO ADMINISTRATIVE LAW JUDGES; AND TO ADD SECTION 2-19-90 SO AS TO ESTABLISH A PROCEDURE FOR THE SOUTH CAROLINA BAR ASSOCIATION TO PROVIDE ASSESSMENTS CONCERNING CANDIDATES FOR JUDICIAL OFFICES TO THE JOINT LEGISLATIVE COMMITTEE REVIEWING CANDIDATES FOR THESE OFFICES.

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

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

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

S. 660 -- Senators Cork and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

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

Printed Page 1143 . . . . . Thursday, March 23, 1995

S. 661 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-290, SO AS TO PROVIDE THAT REAL ESTATE TRUST FUNDS MAY BE PLACED IN INTEREST-BEARING ACCOUNTS, THAT INTEREST EARNED SHALL BELONG TO THE OWNER OF THE FUNDS UNLESS OTHERWISE AGREED TO IN WRITING, THAT SUCH WRITING SHALL BE A SEPARATE DOCUMENT STATING THAT THE OWNER OF THE FUNDS HAS BEEN INFORMED THAT INTEREST EARNED ON HIS FUNDS SHALL ACCRUE TO HIS BENEFIT BUT THAT THE OWNER DESIRES THE INTEREST TO GO TO ANOTHER PARTY, AND THAT THIS REQUIREMENT SHALL NOT APPLY TO RENTAL MONIES WHERE THOSE MONIES ARE SUBJECT TO THE SALES TAX ON ACCOMMODATIONS.

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

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

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

S. 663 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST RESPECTED CITIZENS, GEORGE ANDERSON DOUGLAS, SR., OF ROCK HILL, WHO PASSED AWAY FRIDAY, MARCH 3, 1995.

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

S. 664 -- Senators J. Verne Smith, Russell, Reese and Courtney: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. CHRISTINE DAVIS, UPON BEING NAMED THE

Printed Page 1144 . . . . . Thursday, March 23, 1995

1995 NATIONAL ART EDUCATIONASSOCIATION (NAEA) NATIONAL SECONDARY ART EDUCATOR OF THE YEAR.

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

S. 665 -- Senators J. Verne Smith, Martin and Alexander: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, MS. ELIZABETH SMITH, THE RECIPIENT OF THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) DISTINGUISHED SERVICE AWARD.

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

S. 666 -- Senators J. Verne Smith, Peeler, Hayes, Gregory and Short: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. MARGARET JOHNSON, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL HIGHER EDUCATION DIVISION ART EDUCATOR OF THE YEAR.

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

H. 3831 -- Reps. J. Brown, Scott, Neal, Shissias, Cromer, Harrison, Rogers, Cotty, Byrd, Howard and Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF RICHLAND COUNTY ON WINNING THE 1995 STATE CLASS AAA BASKETBALL CHAMPIONSHIP.

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

H. 3832 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING ATTALA THERESE YOUNG OF PIEDMONT ON HER OUTSTANDING ACCOMPLISHMENTS AS A STUDENT-ATHLETE AT ERSKINE COLLEGE.

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

H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO

Printed Page 1145 . . . . . Thursday, March 23, 1995

AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.

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

H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.

Read the first time and on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.

H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: 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.

Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.

Printed Page 1146 . . . . . Thursday, March 23, 1995

REPORTS OF STANDING COMMITTEE

Senator COURSON from the Committee on Invitations polled out H. 3823 favorable:

H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.

Poll of the Invitations Committee on H. 3823
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Matthews

Thomas            Patterson        Russell

Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING
Wilson O'Dell Rose

TOTAL--3

Adopted

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

Printed Page 1147 . . . . . Thursday, March 23, 1995

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Independent Banks of S.C. to attend a reception at the Summit Club on Tuesday, April 4, 1995, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           MatthewsThomasPattersonRussell

Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING
Wilson O'Dell Rose

TOTAL--3

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Horsemen's Council and S.C. Thoroughbred Owners and Breeders Assn. to attend a reception at 300 Senate Street on Wednesday, April 5, 1995, from 6:00 until 8:00 P.M.

Printed Page 1148 . . . . . Thursday, March 23, 1995

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           MatthewsThomasPattersonRussell

Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING
Wilson O'Dell Rose

TOTAL--3

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Arts Alliance to attend a breakfast reception in the Lower Lobby of the State House on Thursday, April 6, 1995, from 9:30 until 11:00 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           MatthewsThomasPattersonRussell

Passailaigue

TOTAL--7

NAYS

TOTAL--0


Printed Page 1149 . . . . . Thursday, March 23,
1995

NOT VOTING

Wilson            O'Dell           Rose

TOTAL--3

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Clemson University Division of Agriculture and Natural Resources to attend a Social and Dinner at the Columbia Woman's Club, 1703 Blossom Street on Tuesday, April 11, 1995, from 6:00 until 7:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           MatthewsThomasPattersonRussell

Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING
Wilson O'Dell Rose

TOTAL--3

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Transportation Assn. of S.C. to attend a breakfast at the Ramada Town House on Wednesday, April 12, 1995, from 8:00 until 9:00 A.M.

Printed Page 1130, Mar. 22 | Printed Page 1150, Mar. 23

Page Finder Index

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