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 2610, May 9 | Printed Page 2630, May 10 |

Printed Page 2620 . . . . . Wednesday, May 10, 1995

"Lead on, O King Eternal!

The day of march has come;

And now, O King eternal,

We lift our battle song."

Amen!

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 25, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1995, and to expire June 30, 1999:

S.C. Bankers Assn.:

Mr. Rodney B. Scarborough, Pee Dee State Bank, 115 West Main Street, Timmonsville, S.C. 29161 VICE R. Thornwell Dunlap, Jr.

Referred to the Committee on Banking and Insurance.


Printed Page 2621 . . . . . Wednesday, May 10, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 26, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1995, and to expire April 1, 2000:

At-Large:

Ms. Elizabeth M. Dillbeck, P.O. Box 1473, McCormick, S.C. 29835

Referred to the Committee on Education.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 27, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley


Printed Page 2622 . . . . . Wednesday, May 10, 1995

Statewide Appointment

Initial Appointment, Hearing Aid Dealers and Fitters Commission, with term to commence November 1, 1993, and to expire November 1, 1997:

Dealer:

Mr. Richard L. Deibel, 135 Sparrow Drive, Isle of Palms, S.C. 29451 VICE Benjamin W. Dawsey

Referred to the Committee on Medical Affairs.

MOTION ADOPTED

Senator PASSAILAIGUE asked unanimous consent to make a motion to grant leave to Senators McCONNELL and RUSSELL 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.

There was no objection and the motion was adopted.

Doctor of the Day

Senator RICHTER introduced Dr. Warren Y. Adkins of Mt. Pleasant, S.C., Doctor of the Day.

Leave of Absence

At 11:30 A.M., Senator GIESE requested a leave of absence for Thursday, May 11, 1995.

Message from the House

Columbia, S.C., May 10, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment of:

Statewide Appointment

Reappointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:

5th Congressional District:

Mr. Bobby R. Bagley, P.O. Box 1119, Sumter, S.C. 29151

Very respectfully,
Speaker of the House


Printed Page 2623 . . . . . Wednesday, May 10, 1995

Message from the House

Columbia, S.C., May 10, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4172 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 10, 1995, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1995 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.
Very respectfully,
Speaker of the House

Received as information.

Point of Personal Interest

Senator PEELER rose to a Point of Personal Interest.

RECALLED AND COMMITTED

S. 810 -- Senators J. Verne Smith and Alexander: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT AND DISCLOSURE IMMUNITY ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection.


Printed Page 2624 . . . . . Wednesday, May 10, 1995

Committed

On motion of Senator MOORE, with unanimous consent, the Bill was committed to the Committee on Labor, Commerce and Industry.

RECALLED, READ THE SECOND TIME

S. 822 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

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

S. 822--Ordered to a Third Reading

On motion of Senator HAYES, S. 822 was ordered to receive a third reading on Thursday, May 11, 1995.

RECOMMITTED

S. 469 -- Senator Cork: 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


Printed Page 2625 . . . . . Wednesday, May 10, 1995

TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.

On motion of Senator STILWELL, the Bill was recommitted to the
Committee on Judiciary.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 827 -- Senator Waldrep: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF HIGHWAY 76 AND INTERSTATE 85 IN ANDERSON COUNTY AS "CHARLANTA".

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

S. 828 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 46 OF 1950, RELATING TO THE DESIGNATION AND AFFIRMATION OF THE SPECIFIC AUTHORITY, RESPONSIBILITIES, AND POWERS OF THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAFFIRM THE AUTHORITY OF THE BOARD TO ISSUE TAX ANTICIPATION NOTES SIMILAR TO AND CONSISTENT WITH THE TERMS AND PROVISIONS OF PARAGRAPH FOUR OF SECTION 11-27-50 OF THE 1976 CODE.

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

Ordered to a Second and Third Reading

On motion of Senator WALDREP, S. 828 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 829 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 527 FROM THE SUMTER COUNTY LINE TO THE WILLIAMSBURG COUNTY LINE IN CLARENDON COUNTY THE JAMES HUGH MCFADDIN HIGHWAY AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THE DESIGNATION.

Whereas, James Hugh McFaddin, the son of Hugh McFaddin and Elizabeth J. Aiken, was born on September 6, 1912, at Fullwood Plantation in Clarendon County; and

Whereas, Judge McFaddin settled as an attorney and farmer in Manning and was associated with the law firm of Davis and McFaddin; and


Printed Page 2626 . . . . . Wednesday, May 10, 1995

Whereas, Judge McFaddin served in the Eighty-second, Eighty-third, and Eighty-fourth General Assemblies from 1937-1942; and

Whereas, Judge McFaddin resigned from the Senate in 1942 to serve in the United States Army throughout World War II, rising in rank from first lieutenant to major; and

Whereas, after the war Judge McFaddin again was elected to the Senate and served until 1958 when he was elected judge of the third judicial circuit; and

Whereas, serving on the bench until 1970, Judge McFaddin expressed a strong interest in improving the penal system and revising the legal statutes; and

Whereas, offices and memberships he held include delegate to the national Democratic Convention in 1948 and 1956, Clarendon County attorney, delegate for Clarendon County to the state Democratic Convention in 1958, member of the American Bar Association, American College of Trial Judges, American Bar Judicature Society, Masons, Shriners, Knights of Pythias, Elks and Rotary clubs, American Legion, and Veterans of Foreign Wars. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name U.S. Highway 527 from the Sumter County line to the Williamsburg County line in Clarendon County the James Hugh McFaddin Highway and to place appropriate markers or signs on the highway reflecting the designation.

Be it further resolved that a copy of this resolution be forwarded to the family of Judge James Hugh McFaddin.

Referred to the Committee on Transportation.

H. 4194 -- Reps. Bailey, Law, Trotter and L. Whipper: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.

Be it resolved by the House of Representatives, the Senate
concurring:

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives on Thursday, May 25, 1995, at 12:00 noon, for the purpose of electing a successor to the member of


Printed Page 2627 . . . . . Wednesday, May 10, 1995

the South Carolina Consumer Affairs Commission for Seat 3, so as to fill the term which expires June 30, 1995.

Referred to the Committee on Invitations.

H. 4196 -- Reps. Stuart, Gamble, Knotts, Koon, Riser, Spearman and Wright: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SWANSEA HIGH SCHOOL WRESTLING TEAM OF LEXINGTON COUNTY ON WINNING THE 1995 CLASS AA STATE WRESTLING CHAMPIONSHIP.

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

H. 4199 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF J.C. "DOC" EDWARDS OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4200 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION SALUTING MR. OLLIE I. STUKES OF CLARENDON COUNTY, WHO ON OCTOBER 19, 1995, WILL CELEBRATE SEVENTY YEARS AS A BARBER IN MANNING AND WISHING HIM MANY, MANY MORE YEARS OF CONTINUED GOOD HEALTH AND HAPPINESS.

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

H. 4201 -- Reps. White, Keyserling, Richardson, Lloyd and McTeer: A CONCURRENT RESOLUTION TO CONGRATULATE THE BEAUFORT MARINE INSTITUTE ON ITS TENTH ANNIVERSARY AND TO RECOGNIZE EACH OF THE SIX MARINE INSTITUTES OF THE STATE OF SOUTH CAROLINA FOR THEIR DEDICATION TO JUVENILE REFORM AND TO COMMEND BEAUFORT MARINE INSTITUTE IN PARTICULAR FOR ITS OUTSTANDING EFFORTS ON BEHALF OF THE YOUTH OF THIS STATE.

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

H. 4202 -- Rep. Wilder: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DR. CHARLES L. CUMMINS, JR., FOR HIS SUPPORT AND ENCOURAGEMENT FOR STUDENT


Printed Page 2628 . . . . . Wednesday, May 10, 1995

ATHLETES DURING HIS TWENTY-FOUR YEARS AS SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56.

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

H. 4180 -- Reps. Vaughn, Herdklotz, Cato, Easterday, Jaskwhich, Tripp, Rice, Anderson and McMahand: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GREENVILLE COUNTY VOTING PRECINCTS, SO AS TO CHANGE POLLING PLACES, RENAME PRECINCTS, AND ADD PRECINCTS.

Read the first time and on motion of Senator J. VERNE SMITH ordered placed on the local and uncontested Calendar without reference.

H. 4180--Ordered to a Second and Third Reading

On motion of Senator J. VERNE SMITH, H. 4180 was ordered to receive a second and third reading on the next two consecutive legislative days.

REPORTS OF STANDING COMMITTEE

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 559 -- Senator Rose: A BILL TO AMEND TITLE 20, CHAPTER 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION FROM DOMESTIC ABUSE, BY ENACTING THE "PROTECTION FROM POST-SEPARATION FAMILY VIOLENCE ACT"; BY ADDING ARTICLE 3 SO AS TO CREATE A PRESUMPTION THAT NO PARENT WITH A HISTORY OF FAMILY VIOLENCE MAY BE AWARDED CUSTODY OF A CHILD AND TO PROVIDE CIRCUMSTANCES THAT MAY OVERCOME THE PRESUMPTION; TO PROVIDE FOR SUPERVISED VISITATION UNDER CERTAIN CONDITIONS; TO REQUIRE SEPARATION, DIVORCE, CHILD CUSTODY, AND VISITATION ORDERS TO CONTAIN AN INJUNCTION AGAINST THE PERPETRATOR OF FAMILY VIOLENCE; TO REQUIRE THE PERPETRATOR OF FAMILY VIOLENCE TO PAY ALL COURT AND ATTORNEY FEES AND COSTS INCURRED FOR MEDICAL AND PSYCHOLOGICAL CARE NECESSITATED BY THE FAMILY VIOLENCE; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-130 AS TITLE 20, CHAPTER 4, ARTICLE 1 NAMED "PROTECTION FROM DOMESTIC VIOLENCE".

Ordered for consideration tomorrow.


Printed Page 2629 . . . . . Wednesday, May 10, 1995

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON


Printed Page 2630 . . . . . Wednesday, May 10, 1995

WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.

Ordered for consideration tomorrow.


| Printed Page 2610, May 9 | Printed Page 2630, May 10 |

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