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 2340, May 4 | Printed Page 2360, May 5 |

Printed Page 2350 . . . . . Thursday, May 4, 1995

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 130

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 130 was taken up for immediate consideration.

Senators McCONNELL, PASSAILAIGUE, SHORT, McGILL, O'DELL and ROSE proposed the following Amendment No. 130 (3362R223.GFM), which was adopted:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

/SECTION .

TO CONFIRM THE POLICY OF THE STATE OF SOUTH CAROLINA WITH REGARD TO THE OPPORTUNITY TO ATTEND A SINGLE-GENDER COLLEGE AND TO ADOPT THE FINDINGS OF FACT IN U.S. V. COMMONWEALTH OF VIRGINIA AS THE BASIS FOR THE POLICY OF SOUTH CAROLINA IN CRAFTING A FRAMEWORK FOR THE ESTABLISHMENT OF AND MAINTENANCE OF SINGLE-GENDER PROGRAMS OF HIGHER LEARNING FOR BOTH SEXES AND TO PROVIDE CERTAIN EXCEPTIONS.

A. The General Assembly finds that some students, both male and female, benefit from attending a single-gender college. For these students, the opportunity to attend a single-gender college is a valuable experience, likely to lead to better academic and professional achievements. The General Assembly therefore adopts the findings of fact in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995) that "single-gender education at the college level is beneficial to both sexes." Further, in that single-gender education is both beneficial and justifiable, the General Assembly finds that providing opportunities for students to attend a single- gender college fulfills an important and legitimate state objective, and therefore declares and stipulates that it is the public policy of the State to support the establishment and maintenance of


Printed Page 2351 . . . . . Thursday, May 4, 1995

single-gender programs of higher learning for both sexes. Single-gender offerings to both men and women need not be identical in form and detail, but should be designed to produce substantively comparable outcomes.

B. The General Assembly shall annually provide such funding as may be necessary, under the auspices of the Commission on Higher Education, to establish and maintain approved single-gender offerings.

C. This section takes effect upon approval of this act by the Governor, but shall be void and of no effect if the United States Supreme Court issues a ruling which reverses the holding in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995)./

Amend sections, totals and title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment and Senator PATTERSON argued contra.

Senator WASHINGTON moved to lay the amendment on the table.

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

Ayes 14; Nays 25

AYES

Cork              Courtney         Ford
Glover Land Lander
Matthews Moore Patterson
Ryberg Saleeby Smith, J.V.
Waldrep Washington

TOTAL--14

NAYS

Alexander         Bryan            Courson
Drummond Giese Gregory
Hayes Leventis Martin
McConnell McGill Mescher
O'Dell Passailaigue Peeler
Rankin Reese Richter
Rose Russell Setzler
Short Stilwell Thomas
Wilson

TOTAL--25



Printed Page 2352 . . . . . Thursday, May 4, 1995

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Recorded Vote

Senator CORK desired to be recorded as voting against the adoption of the amendment.

Statement by Senator JACKSON

To avoid even the appearance of a conflict of interest, I wish the Journal to reflect that I abstained from voting on Amendment Nos. 191, 192, 193B, 195, and 130 and any other activities relating to its consideration because my private business transacts business with the Association of Citadel Men.

Amendment No. 167A

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 167A was withdrawn from consideration.

Amendment No. 128

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 128 was withdrawn from consideration.

Statement by Senator JACKSON

To avoid even the appearance of a conflict of interest, I wish the Journal to reflect that I abstained from voting on Amendment Nos. 167A and 128 or any other activities relating to its consideration because my business transacts business with the Association of Citadel Men.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator RICHTER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Edward Russell Lipscomb of West Columbia, S.C., retired owner of Sylvan Brothers Jewelers.


Printed Page 2353 . . . . . Thursday, May 4, 1995

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns it stand adjourned to meet Friday, May 5, 1995, at 9:30 A.M., which motion was adopted.

ADJOURNMENT

At 10:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 9:30 A.M.

* * *


Printed Page 2354 . . . . . Friday, May 5, 1995

Friday, May 5, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 9:30 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, the Prophet Jeremiah also lived in unsettling times and declared to his people, Chapter 9 (23-24):

"These are the words of the Lord:

`Let not the wise man boast of his wisdom

nor the valiant of his valor;

Let not the rich man boast of his riches;

But if any man would boast, let him

boast of this, THAT HE UNDERSTANDS AND

KNOWS ME.

For I am the Lord, I show unfailing love,

I do justice and right upon the earth;

for on these I have set My heart.

This is the very word of the Lord'."
Let us pray.

Lord God, as we seek to define and implement our responsibilities in these halls, we pray for guidance beyond our own wisdom.

We pray for each other. We pray for all who have a part in fashioning the laws of our State and Nation. We pray for all who interpret the laws across this land. We pray for the custodians of the laws, and for those who, often at the risk of their own lives enforce the laws.

As we go to our tasks this day, teach us to be aware of the ripple effect of what we think and say and do this day.

We pray in the Name of Jeremiah's God and in the Spirit of Him who went about Galilee doing good.

Amen.

MOTION ADOPTED

Senator COURTNEY asked unanimous consent to make a motion that Senators RUSSELL, MOORE, SALEEBY and McCONNELL be granted leave to attend a meeting of the Judicial Screening Committee, to be counted in any quorum calls, and if any roll call votes were taken, to be granted leave to vote from the balcony.


Printed Page 2355 . . . . . Friday, May 5, 1995

There was no objection and the motion was adopted.

Point of Quorum

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

Call of the Senate

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

Alexander         Bryan            Cork
Courtney Drummond Ford
Giese Gregory Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher O'Dell
Passailaigue Peeler Rankin
Richter Rose Russell
Ryberg Saleeby Setzler
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senators COURSON, ELLIOTT, GLOVER, HAYES, HOLLAND, JACKSON, MOORE, PATTERSON, REESE and SHORT recorded their presence subsequent to the Call of the Senate.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 818 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE MAYOR ELONA CAROLYN DAVIS UPON WINNING THE PRESTIGIOUS GOVERNOR'S LEADERSHIP AWARD IN RECOGNITION OF HER OUTSTANDING LEADERSHIP


Printed Page 2356 . . . . . Friday, May 5, 1995

QUALITIES AND EFFORTS IN SERVING THE PEOPLE AND COMMUNITY OF DENMARK.

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

S. 819 -- Senator Williams: A JOINT RESOLUTION TO PROVIDE THAT THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY HAS UNTIL JUNE 30, 1995, TO RESPOND TO AN AUDIT CONDUCTED ON THE AUTHORITY BY THE LEGISLATIVE AUDIT COUNCIL.

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

S. 820 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 821 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4183 -- Rep. Cromer: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND MONSIGNOR CHARLES H. ROWLAND, PASTOR OF THE CATHOLIC CHURCH OF SAINT JOSEPH IN COLUMBIA, ON THE TWENTY-FIFTH ANNIVERSARY OF HIS ORDINATION TO THE PRIESTHOOD.

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

H. 4184 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DAVID WELLS, JR., OF ALCOLU FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY.

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


Printed Page 2357 . . . . . Friday, May 5, 1995

H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.

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

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

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

H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.

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

H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".

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


Printed Page 2358 . . . . . Friday, May 5, 1995

H. 3237 -- Reps. Jennings and Baxley: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED BY THE CHIEF JUSTICE TO PRESIDE IN CERTAIN COURTS, SO AS TO PROVIDE THAT NO FURTHER SCREENING OF ANY JUDGE, RATHER THAN JUST JUDGES OF THE SUPREME COURT AND COURT OF APPEALS BEING ASSIGNED TO SIT ON SUCH COURTS, IS REQUIRED UNTIL THE TERM OF THAT JUDGE WOULD HAVE EXPIRED IF HE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM.

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

H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

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

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3473 -- Reps. J. Brown, White, Neilson and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-95 SO AS TO PROVIDE THAT ALL


Printed Page 2359 . . . . . Friday, May 5, 1995

SCHOOL BUSES PURCHASED AFTER JUNE 30, 1996, MUST BE EQUIPPED WITH LAP OR SHOULDER HARNESS SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO EXCLUDE SCHOOL BUSES PURCHASED AFTER JUNE 30, 1996, FROM THE EXCEPTIONS.

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

H. 3779 -- Reps. Elliott, Knotts, Littlejohn, Cato, Simrill, Cain, Mason, Govan, Stuart, Delleney, Neilson, Stille, Tucker, Jennings, Hines, R. Smith, T. Brown, Wright and Riser: A BILL TO AMEND SECTION 40-57-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALES AGENTS, SO AS TO APPLY THE REQUIREMENTS TO REAL ESTATE PROPERTY MANAGERS, AND PROVIDE THAT, FOR PROPERTY MANAGERS, THE EIGHT HOURS MUST INCLUDE A MINIMUM OF TWO HOURS OF INSTRUCTION ON FEDERAL AND STATE LAWS AFFECTING PROPERTY MANAGERS AND THAT THE REMAINING HOURS MUST INCLUDE PROPERTY MANAGEMENT RELATED COURSES.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD FORMER COUNTY COUNCIL MEMBERS


Printed Page 2360 . . . . . Friday, May 5, 1995

WHO SERVED AT LEAST TWELVE YEARS ON COUNTY COUNCIL AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.

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


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