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

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| Printed Page 1610, Apr. 5 | Printed Page 1630, Apr. 6 |
Printed Page 1620 . . . . . Wednesday, April 5, 1995
Amendment No. 12

Senator MARTIN proposed the following Amendment No. 12 (BBM\10066JM.95):

Amend the bill, as and if amended, by striking SECTION 3 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MARTIN spoke on the amendment.

Debate was interrupted by recess.

RECESS

At 12:45 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:15 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.

Point of Quorum

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

Call of the Senate

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

Alexander         Bryan            Cork

Courtney          Drummond         Elliott

Giese             Glover           Gregory

Hayes             Holland          Jackson

Land              Lander           Leventis

Martin            McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Ryberg           Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

Printed Page 1621 . . . . . Wednesday, April 5, 1995
A quorum being present, the Senate resumed.

Presence Recorded

Senators SALEEBY, RUSSELL and FORD recorded their presence subsequent to the Call of the Senate.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 5, 1995, at 3:00 P.M. and the following Acts and Joint Resolution were ratified:

(R47) S. 312 -- Senator Alexander: AN ACT TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO PROVIDE THAT "TRADEMARK" ALSO MEANS THE SYMBOL, EMBLEM, SIGN, INSIGNIA, OR ANY COMBINATION OF THESE, OF THE UNITED STATES OLYMPIC COMMITTEE OR THE INTERNATIONAL OLYMPIC COMMITTEE.

(R48) S. 316 -- Senator Courtney: AN ACT TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.

(R49) S. 391 -- Senator Leatherman: AN ACT TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.

(R50) H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

(R51) H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: AN ACT TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION

Printed Page 1622 . . . . . Wednesday, April 5, 1995
ONAGING IN THE OFFICE OF THE GOVERNOR ANDITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.

(R52) H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.

(R53) H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R54) H. 3659 -- Rep. Cato: AN ACT TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

Printed Page 1623 . . . . . Wednesday, April 5, 1995
(R55) H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: AN ACT 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, INCLUDING, AMONG OTHER THINGS, A TERM OF NOT MORE THAN THIRTY-SEVEN YEARS, AN ASSESSMENT RATIO OF NOT LESS THAN THREE PERCENT, AND A SPECIAL CALCULATION OF NET PRESENT VALUE; 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 CONSTRUCTING 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 AUTHORIZE THIS SPECIAL ACCOUNTING METHOD FOR THE TAXPAYER'S SUBSIDIARIES; 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; TO ALLOW A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY INCOME, SALES AND USE, AND CORPORATE LICENSE TAX CREDITS IN THE AMOUNT OF JOB DEVELOPMENT FEES COLLECTED BY THE TAXPAYER; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY AND THE ANNUAL DEPRECIATION ALLOWED FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE AN ANNUAL DEPRECIATION ALLOWANCE OF THIRTY PERCENT FOR ELECTRONIC INTERCONNECTION COMPONENT ASSEMBLY DEVICES FOR COMPUTERS AND COMPUTER PERIPHERALS AND TO ALLOW ORIGINAL COST OF THE CUSTOM MOLDS AND DIES
Printed Page 1624 . . . . . Wednesday, April 5, 1995
USED TO MANUFACTURE SUCH DEVICESTO BE REDUCED BY NINETY PERCENT AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 12-7-1220, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT TWO HALF-TIME JOBS ARE CONSIDERED ONE FULL-TIME JOB AND TO DEFINE HALF-TIME JOB FOR PURPOSES OF DETERMINING ELIGIBILITY FOR THE CREDIT; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-10-40 AND 12-10-80 SO AS TO PROVIDE THE CRITERIA FOR THE DESIGNATION OF ENTERPRISE ZONES AND TO ALLOW A QUALIFYING BUSINESS IN AN ENTERPRISE ZONE TO COLLECT A JOB DEVELOPMENT FEE FROM THE WAGES OF EMPLOYEES AND TO PROVIDE THE USE OF THESE FEES.

(R56) H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: AN ACT 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; TO AMEND SECTION 2-7-105, AS AMENDED, RELATING TO STATE CAPITAL IMPROVEMENT BONDS BEING AUTHORIZED BY THE GENERAL ASSEMBLY IN ODD-NUMBERED YEARS AND STATE HIGHWAY BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS, SO AS TO DELETE THE PROVISION REGARDING THE GENERAL ASSEMBLY AUTHORIZING STATE HIGHWAY BONDS IN EVEN-NUMBERED YEARS; TO AMEND SECTION 57-11-220, AS AMENDED, RELATING TO THE ISSUANCE OF STATE HIGHWAY BONDS, SO AS TO PROVIDE A PROCEDURE FOR THE ISSUANCE OF STATE HIGHWAY BONDS BY THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 57-11-235, SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ISSUE STATE HIGHWAY BONDS; TO AMEND SECTION 57-11-240, AS AMENDED, RELATING TO THE MAXIMUM ANNUAL DEBT SERVICE ON GENERAL OBLIGATION BONDS, SO AS TO DELETE A REFERENCE TO SECTION 2-7-105.

DEBATE INTERRUPTED

S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE

Printed Page 1625 . . . . . Wednesday, April 5, 1995
SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND
Printed Page 1626 . . . . . Wednesday, April 5, 1995
STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 12 (BBM\l0066JM.95) previously proposed by Senator MARTIN.

Senator MARTIN explained the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

MOTION ADOPTED

On motion of Senator BRYAN, with unanimous consent, Senators BRYAN, ROSE and J. VERNE SMITH were granted leave to attend a committee meeting, and if any roll call votes were taken, were granted leave to vote from the balcony.

Senator McCONNELL continued arguing contra to the adoption of the amendment.

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

Leave of Absence

At 4:20 P.M., Senator WILLIAMS requested a leave of absence until 11:00 A.M., Thursday, April 6, 1995.

ACTING PRESIDENT PRESIDES

At 4:35 P.M., Senator COURTNEY assumed the Chair.

Printed Page 1627 . . . . . Wednesday, April 5, 1995
Objection

Senator SALEEBY asked unanimous consent to make a motion to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

Senator MARTIN objected.

Senator SALEEBY moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 22; Nays 15

AYES

Bryan             Courtney         Elliott

Ford              Glover           Gregory

Hayes             Jackson          Land

Lander            McConnell        McGill

O'Dell            Passailaigue     Patterson

Rankin            Reese            Rose

Russell           Saleeby          Smith, G.

Washington

TOTAL--22

NAYS

Alexander         Cork             Giese

Martin            Mescher          Moore

Peeler            Richter          Ryberg

Setzler           Smith, J.V.      Stilwell

Thomas            Waldrep          Wilson

TOTAL--15

The amendment was laid on the table.

Debate was interrupted by adjournment.

Printed Page 1628 . . . . . Wednesday, April 5, 1995
LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Beaufort County Delegation, on motion of Senator CORK, the following appointments were confirmed in open session:

Reappointments, Beaufort County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Charles Louis Smith, Post Office Box 840, Bluffton, S.C. 29910

Mr. Joseph McDomick, Jr., Post Office Box 126, Saint Helena Island, S.C. 29920

The Honorable George B. Brown, 137 Stuart Town Road, Beaufort, S.C. 29902

The Honorable Rita Ann Simmons, Post Office Box 22083, Hilton Head, S.C. 29925

ADJOURNMENT

At 4:45 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 1629 . . . . . Thursday, April 6, 1995
Thursday, April 6, 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, hear the Prophet Jeremiah concerning the joyful return of the Exiles, Chapter 31, (vv.3,6) (NRSV):

"I have loved you with an everlasting love;

Therefore I have continued my faithfulness

to you...

Again you shall plant vineyards on the

mountains of Samaria...

For there shall be a day when sentinels

will call in the hill country of Ephraim:

`Come let us go up to Zion,

To the Lord our God'".
Let us pray.

O Lord, the Lord of the Hebrew children and our Lord: we thank You for tipping the scales of life from despair over the human condition to joy in the faithfulness of a God that promises redemption.

So often our lives, like Jeremiah's, are tilted out of balance by the formidable weight of daily struggles. Life, so often, becomes a great burden to so many.

We remember before You the "street people" of our land... and other lands, that drift homeless about.

Help us to design an economy, and a style of life where no one lacks food and shelter, and an opportunity for a job and self-fulfillment, where all can sing,

"Come, let us go up to Zion,

To the Lord our God."

Amen!

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

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