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 1691, Apr. 11 | Printed Page 1710, Apr. 12 |

Printed Page 1700 . . . . . Wednesday, April 12, 1995

NOT VOTING

Matthews Russell O'Dell

TOTAL--3

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 713 favorable:

S. 713 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE BUILDINGS ON THURSDAY, NOVEMBER 30, 1995, AND FRIDAY, DECEMBER 1, 1995, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Poll of the Invitations Committee on S. 713

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Thomas Patterson Stilwell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews Russell O'Dell

TOTAL--3

Ordered for consideration tomorrow.

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


Printed Page 1701 . . . . . Wednesday, April 12, 1995

THIRD READING BILL

The following Joint Resolution was read the third time and ordered sent to the House of Representatives:

S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

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

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 732 -- Senator Drummond: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.

S. 732--Ordered to a Third Reading

On motion of Senator DRUMMOND, S. 732 was ordered to receive a third reading on Thursday, April 13, 1995.

H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

H. 3728--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, H. 3728 was ordered to receive a third reading on Thursday, April 13, 1995.

AMENDED, READ THE SECOND TIME

S. 64 -- Senators McConnell, Rose, Wilson and Gregory: A BILL TO AMEND SECTION 24-21-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S


Printed Page 1702 . . . . . Wednesday, April 12, 1995

VIOLATION OF PAROLE, SO AS TO PROVIDE FOR THE FORFEITURE OF EARNED CREDITS UPON A VIOLATION.

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

The Corrections and Penology Committee proposed the following amendment (DKA\3872CM.95), which was adopted:

Amend the bill, as and if amended, Section 24-21-680, SECTION 1, page 1, by inserting after /parole/ on line 31 /by committing a criminal offense/.

When amended, the section reads:

/Section 24-21-680. Upon failure of any a prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things a thing set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such The prisoner must be eligible to parole thereafter when and if the board thinks such parole would be proper. When a prisoner violates parole by committing a criminal offense, his work, educational, good time, and other credits earned up to the violation and used to reduce the term of his imprisonment are forfeited. The board shall be is the sole judge as to of whether or not a parole has been violated and no appeal therefrom shall be is allowed; provided, that any. A person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon board. No bond shall may be granted except by the presiding or resident judge of the circuit wherein in which the prisoner is arrested, or, if there be is no judge within such the circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof of the bond./

Amend title to conform.

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


Printed Page 1703 . . . . . Wednesday, April 12, 1995

ADOPTED

S. 734 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM WILLIAMSTON SOUTHWARD THROUGH BELTON TO THE ABBEVILLE COUNTY LINE AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY".

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

AMENDED, ADOPTED

H. 3524 -- Rep. Limbaugh: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1995, FOR ITS ANNUAL STATE HOUSE MEETING.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

The Invitations Committee proposed the following amendment (3524R001.JEC), which was adopted:

Amend the bill, as and if amended, by adding on line 21, the following:

/If the renovations to the State House or the relocation of the personnel to the Carolina Plaza render either or both of these locations unsuitable, in the judgment of the Clerks of the Senate and the House of Representatives, then the unsuitable location may not be used. In such case, the clerks shall make an effort to fully accommodate the participants in the Gressette and Blatt Buildings. /

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned with amendments.

AMENDED, ADOPTED

H. 3674 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 1995, AND FRIDAY, JUNE 16, 1995.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.


Printed Page 1704 . . . . . Wednesday, April 12, 1995

The Invitations Committee proposed the following amendment (3674R001.JEC), which was adopted:

Amend the bill, as and if amended, by adding, on line 24, the following:

/If the renovations to the State House or the relocation of the personnel to the Carolina Plaza render either or both of these locations unsuitable, in the judgment of the Clerks of the Senate and the House of Representatives, then the unsuitable location may not be used. In such case, the clerks shall make an effort to fully accommodate the participants in the Gressette and Blatt Buildings. /

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

AMENDMENT PROPOSED, CARRIED OVER

S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 1

Senator BRYAN proposed the following Amendment No. 1 (S-EDUC\696.04):

Amend the bill, as and if amended, on page 1, line 40 by inserting after the phrase /a high school diploma/ the following:

/or ranks in the upper fifty percent of the total number of his classmates after one year in the public or independent institution of higher learning/.

Amend the bill further, as and if amended, on page 2, by striking lines 11 and 12.

Renumber items to conform.

Amend title to conform.


Printed Page 1705 . . . . . Wednesday, April 12, 1995

Senator BRYAN explained the amendment.

Senators STILWELL and GIESE argued contra to the adoption of the amendment.

Senator THOMAS spoke on the amendment.

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

On motion of Senator GIESE, with unanimous consent, the Bill was carried over, Senator BRYAN retaining the floor.

OBJECTION

H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator COURTNEY explained the Bill.

Senator ELLIOTT objected to further consideration of the Bill and asked unanimous consent to give notice of general amendments.

There was no objection.

CARRIED OVER

S. 705 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1995 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO ESTABLISH AN ACADEMIC


Printed Page 1706 . . . . . Wednesday, April 12, 1995

ENDOWMENT INCENTIVE TRUST FUND THE DISBURSEMENTS FROM WHICHSHALL BE MATCHED BY THE STATE ON A FIFTY PERCENT BASIS TO PROVIDE FUNDS TO SUPPORT ACADEMIC SCHOLARSHIPS, NEED-BASED TUITION ASSISTANCE, ACADEMIC PROGRAMS SPECIFICALLY DEVELOPED TO IMPROVE THE QUALITY OF TEACHER EDUCATION AND FACULTY POSITIONS NECESSARY TO PROVIDE TEACHER EDUCATION IN AREAS DETERMINED TO BE OF CRITICAL NEED.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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 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


Printed Page 1707 . . . . . Wednesday, April 12, 1995

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 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 proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator PASSAILAIGUE spoke on the Bill.

With Senator PASSAILAIGUE retaining the floor, Senator HOLLAND was granted leave, with unanimous consent, to speak on the Bill.

With Senator PASSAILAIGUE retaining the floor, Senator SALEEBY was granted leave, with unanimous consent, to speak on the Bill.


Printed Page 1708 . . . . . Wednesday, April 12, 1995

With Senator PASSAILAIGUE retaining the floor, Senator DRUMMOND moved that the Senate stand adjourned.

Debate was interrupted by adjournment, Senator PASSAILAIGUE retaining the floor.

EXECUTIVE SESSION

On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS

Confirmations

Having been reported favorably from Executive Session, on motion of Senator LEVENTIS, the following appointment was confirmed:

Reappointment, South Carolina Tobacco Advisory Commission, with term to commence September 15, 1993, and to expire September 15, 1995:

Farm Bureau:

Mr. Floyd Coleman Worley, 172 Worley Lane, Nichols, S.C. 29581

Having been reported favorably from Executive Session, on motion of Senator SETZLER, the following appointment was confirmed:

Reappointment, State Agency of Vocational Rehabilitation, with term to commence March 15, 1994, and to expire March 15, 2001:

2nd Congressional District:

Mr. Phillip J. Canders, 10 Sly Fox Run, Blythewood, S.C. 29016

Having been reported favorably from Executive Session, on motion of Senator DRUMMOND, the following appointment was confirmed:

Initial Appointment, Executive Director of the South Carolina Department of Revenue and Taxation, with term to commence February 1, 1995, and to expire at the pleasure of the Governor:

Mr. Burnet R. Maybank, III, 655 Old Plantation Road, Charleston, S.C. 29401


Printed Page 1709 . . . . . Wednesday, April 12, 1995

Having been reported favorably from Executive Session, on motion of Senator WILSON, the following appointment was confirmed:

Initial Appointment, Director of the Department of Social Services, with term to commence January 12, 1995, and to expire at the pleasure of the Governor:

Mr. James T. Clark, Director, Department of Social Services, Post Office Box 1520, Columbia, S.C. 29202-1520 VICE J. Samuel Griswold

Having been reported favorably from Executive Session, on motion of Senator WILLIAMS, the following appointments were confirmed:

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

2nd Congressional District:

Mrs. Jo-Anne B. Whitehead, 113 Fifeshire Drive, Columbia, S.C. 29212 VICE Robert D. Hazel (moved to At-Large member)

1st Congressional District:

Mr. Darrel W. Givens, 82 Brisbane Drive, Charleston, S.C. 29407 VICE Robert P. Pickering (resigned)

Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:

2nd Congressional District:

Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902

Initial Appointment, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1995:

6th Congressional District:

Ms. Angela A. Grooms, 806-E Parker Drive, Florence, S.C. 29501

Having been reported favorably from Executive Session, on motion of Senator J. VERNE SMITH, the following appointments were confirmed:

Initial Appointment, Director of Department of Labor, Licensing and Regulation, with term to commence January 23, 1995, and to expire at the pleasure of the Governor:

Mr. Lewis F. Gossett, Department of Labor, Licensing and Regulation, Post Office Box 11329, Columbia, S.C. 29211 VICE Virgil W. Duffie, Jr. (resigned)


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