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 1140, Mar. 23 | Printed Page 1160, Mar. 23 |
Printed Page 1150 . . . . . Thursday, March 23, 1995
Poll of the Invitations Committee

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



Ordered for consideration tomorrow.


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

An invitation from Home Builders Assn. of S.C. to attend a Bird Supper at the
Moore Building, State Fairgrounds on Tuesday, April 18, 1995, from 6:30 until 8:30
P.M.

Poll of the Invitations Committee



Ayes 7; Nays 0; Not Voting 3


AYES



Courson           Peeler           MatthewsThomasPattersonRussellPassailaigue

TOTAL--7


NAYS


TOTAL--0







Printed Page 1151 . . . . . Thursday, March 23,
1995




NOT VOTING


Wilson            O'Dell           Rose

TOTAL--3



Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE
CALENDAR.

ORDERED ENROLLED FOR RATIFICATION


The following Bills were read the third time and having received three readings in
both Houses, it was ordered that the titles be changed to that of Acts and enrolled
for Ratification:


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.


H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley,
Richardson, Gamble, Phillips and Spearman:  A BILL TO



Printed Page 1152 . . . . . Thursday, March 23,
1995



 AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO
AUTHORIZE THE
DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS
FOR
DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE
DELINQUENCY ARE
BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.


H. 3199 -- Rep. Koon:  A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION
ON
SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING
FIELD
TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE
MEMBERS
OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH
PUBLIC
AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING
REQUIREMENTS AND FOR
TERMINATION OF THE COMMISSION JANUARY 1, 1997.


H. 3214 -- Rep. D. Smith:  A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE
SCHOOL
FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED
PERSONS.


H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon:  A BILL TO AMEND
SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED
BY THE
COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE
COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET";
TO
AMEND SECTION 47-4-50, RELATING TO DISEASES  IMPACTING THE LIVESTOCK-POULTRY
INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND
SECTION
47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO
AS TO
CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION
EMPLOYEES, SO
AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT



Printed Page 1153 . . . . . Thursday, March 23,
1995



 OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR
VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED,
RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS,
SO AS TO
REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO
AMEND
SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO
CORRECT
A REFERENCE IN THE 1976 CODE.


H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon:  A BILL TO AMEND
SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE
PENALTIES
AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING
TO
LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.

Senator LEVENTIS explained the Bill.

AMENDED, READ THE THIRD TIME



RETURNED TO THE HOUSE WITH AMENDMENTS


H. 3361 -- Ways and Means Committee:  A JOINT RESOLUTION TO MAKE SUPPLEMENTAL
APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Motion Adopted



Minority Report Withdrawn


On motion of Senator PASSAILAIGUE, with unanimous consent, the Minority Report was
withdrawn from H. 3361.


On motion of Senator PASSAILAIGUE, with unanimous consent, the Resolution was taken
up for immediate consideration.

Senator PASSAILAIGUE spoke on the Resolution.

Motion Adopted


On motion of Senator DRUMMOND, with unanimous consent, staff members from the
Senate Finance Committee were admitted to the floor of the Senate Chamber while
debate was in progress on H. 3361, the Supplemental Appropriations Bill.






Printed Page 1154 . . . . . Thursday, March 23,
1995




Amendment No. A


Senators PASSAILAIGUE, McCONNELL, RICHTER and FORD proposed the following
Amendment No. A (3361R004.), which was adopted:

Amend the committee amendment, as and if amended, page 2, by inserting an
appropriately numbered SECTION to read:

/SECTION    . The remaining balance on the loan made to the Patriot's Point
Development Authority from the Coordinating Council on Economic Development shall be
reduced by an amount equal to the value of the capital assets of the improvements
made by the Patriot's Point Development Authority from the proceeds of the loan.  The
value of the capital assets shall be determined by the Budget and Control Board./

Amend title to conform.


Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Objection


Senator RYBERG asked that his name be listed as desiring to be present on the
Resolution and asked unanimous consent to make a motion to carry over the Resolution.

Senator PASSAILAIGUE objected.


Senator PASSAILAIGUE continued speaking on the amendment.

Point of Order


Senator RYBERG raised a Point of Order that noting his desire to be present had
the effect of an objection to further consideration of the Resolution inasmuch as the
matter had become contested and the Senate was currently in the Uncontested Call of
the Calendar.

Senators THOMAS, MARTIN, SETZLER, McCONNELL and J. VERNE SMITH spoke on the Point
of Order.

Point of Order


Senator McCONNELL raised a Point of Order that the Point of Order raised by
Senator RYBERG was out of order inasmuch as it came too late.

The PRESIDENT sustained the Point of Order.


With Senator PASSAILAIGUE retaining the floor, Senator DRUMMOND asked unanimous
consent to address the body.

There was no objection.



Printed Page 1155 . . . . . Thursday, March 23,
1995



Senator DRUMMOND spoke on the Resolution.


Senator PASSAILAIGUE resumed speaking on the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.


Amendment No. A was adopted.

Amendment No. B


Senators RYBERG, MOORE and SETZLER proposed the following Amendment No. B
(3361R007.WGR), which was adopted:

Amend the committee report, as and if amended, page 3361-1, by striking SECTION 3
in its entirety and inserting in lieu thereof the following:

/SECTION 3. Of the funds appropriated for the Coordinating Council for Economic
Development in Section 1 of this joint resolution, an amount not to exceed $1,500,000
may be expended by the State Budget and Control Board in support of (1) any South
Carolina military facility or activity identified as being at risk of closure by the
Base Closure and Realignment Commission and/or (2) any other federal facility for
which the reduction in forces or activities will result in the loss of three thousand
five hundred or more jobs, as projected or announced by the federal government. 
These expenditures must be made in consultation with the leadership of the affected
local community, but in no instance may more than $500,000 be used in support of any
single entity or activity.  If not committed by May 31, 1995, or sooner if released
by the State Budget and Control Board, any remaining funds may be expended as
appropriate by the Coordinating Council for Economic Development./

Amend title to conform.


Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.


The amendment was adopted.


The Finance Committee proposed the following amendment (JIC\5416HTC.95), which was
adopted:

Amend the joint resolution, as and if amended, in SECTION 1, page 1, by striking
item (8) on lines 41 and 42 and inserting:

/(8)  Department of Mental Health

   School-based Counseling Services      200,000/





Printed Page 1156 . . . . . Thursday, March 23,
1995



Amend further, SECTION 1, page 2, opposite /Formula/ on line 2 by
striking /2,756,993/ and inserting /2,981,993/.

Amend further, page 2, by striking SECTION 3 and inserting:

/SECTION 3. Of the funds appropriated for the Coordinating Council for Economic
Development in Section 1 of this joint resolution, an amount not to exceed $1,500,000
may be expended by the State Budget and Control Board in support of any South
Carolina military facility or activity identified as being at risk of closure by the
Base Closure and Realignment Commission.  These expenditures must be made in
consultation with the leadership of the affected local community base closure defense
committee, but in no instance may more than $500,000 be used in support of any single
entity or activity.  If not committed by May 31, 1995, or sooner if released by the
State Budget and Control Board, any remaining funds may be expended as appropriate by
the Coordinating Council for Economic Development.

SECTION  4. This joint resolution takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Amendment No. 1


Senators PASSAILAIGUE, McCONNELL, RICHTER and FORD proposed the following
Amendment No. 1 (3361R005.ELP), which was adopted:

Amend the joint resolution, as and if amended, page 1, line 26, by striking /
5,000,000 / and inserting:

/4,700,000/.

Amend the joint resolution further, as and if amended, page 2, after line 2, by
inserting:

/(  ) University of Charleston

   Center for Entrepreneurship      300,000/.

Amend title to conform.


Senator PASSAILAIGUE explained the amendment.


The amendment was adopted.

Statement by Senator ROSE


I wish the Journal to reflect that I abstained from voting on Amendment No. 1, as
well as any other matters relating to consideration of this amendment.



Printed Page 1157 . . . . . Thursday, March 23,
1995




Amendment No. 2


Senator MOORE proposed the following Amendment No. 2 (3361R008.TLM), which was
adopted:

Amend the joint resolution, as and if amended, item (3), as contained in SECTION
1, page 1, line 26, by striking /4,700,000/ and inserting /4,275,000/.

Amend the resolution further, by inserting an appropriately numbered item
immediately after line 2 to read:

/( )  John de la Howe

   Sewer repairs       425,000/.

Renumber sections to conform.

Amend totals and title to conform.


Senator MOORE explained the amendment.


The amendment was adopted.


There being no further amendments, the Resolution was read the third time, passed and
ordered returned to the House with amendments.

THIRD READING BILLS


The following Bills were read the third time and ordered sent to the House of
Representatives:


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 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



Printed Page 1158 . . . . . Thursday, March 23,
1995



 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.


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.


S. 571 -- Senator Peeler:  A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES
MAINTAINED ON
FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE
REQUIREMENT
THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR
EXEMPT
SALES MADE ON OR AFTER JANUARY 1, 1995.

Senator PEELER explained the Bill.


S. 67 -- Senators McConnell, Rose, Reese and Courson:  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 57 SO AS TO PROVIDE FOR THE
ISSUANCE OF
SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.






Printed Page 1159 . . . . . Thursday, March 23,
1995



S. 154 -- Senators McConnell, Rose, Courson, Reese and Elliott:  A
BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976,
RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A
RECIPIENT OF
THE PURPLE HEART, SO AS TO PROVIDE THAT AFTER THE INITIAL FEE FOR ISSUANCE IS
PAID,
THE PLATE MAY BE RENEWED BY A STICKER, THE CHARGE FOR WHICH MUST BE THE
RENEWAL FEE
CHARGED FOR A REGULAR PLATE.


S. 179 -- Senator Rose:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO PROVIDE FOR THE PRIVATE
CORRECTIONS
FACILITIES, PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF GOVERNMENT TO
CONTRACT WITH
THE PRIVATE SECTOR TO PERFORM SERVICES CURRENTLY PERFORMED BY A CORRECTIONS
AGENCY OR
DEPARTMENT.


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.

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


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.


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.


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



Printed Page 1160 . . . . . Thursday, March 23,
1995



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







 | Printed Page 1140, Mar. 23
 | Printed Page 1160, Mar. 23
 | 




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