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 2800, May 16 | Printed Page 2820, May 17 |

Printed Page 2810 . . . . . Wednesday, May 17, 1995

On motion of Senator LEVENTIS, with unanimous consent, the Resolution was ordered placed on the Calendar.

RECALLED

H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".

Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

On motion of Senator LEVENTIS, with unanimous consent, the Resolution was ordered placed on the Calendar.

RECALLED

H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE


Printed Page 2811 . . . . . Wednesday, May 17, 1995

1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

RECALLED

H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was ordered placed on the Calendar.


Printed Page 2812 . . . . . Wednesday, May 17, 1995

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 848 -- Senator Stilwell: A BILL TO AMEND SECTION 8-13-1354, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF A PERSON WHO MAKES AN EXPENDITURE IN THE DISTRIBUTION, POSTING, OR BROADCASTING OF A COMMUNICATION TO VOTERS SUPPORTING OR OPPOSING A PUBLIC OFFICIAL, A CANDIDATE, OR BALLOT MEASURE SO AS TO PROVIDE THAT THE SECTION APPLIES ONLY TO COMMUNICATION WITH RESPECT TO AN ELECTION SCHEDULED WITHIN TWO WEEKS OF THE COMMUNICATION TO VOTERS SUPPORTING OR OPPOSING A PUBLIC OFFICIAL OR A CANDIDATE AND NOT TO AN UNATTRIBUTABLE COMMUNICATION TO VOTERS SUPPORTING OR OPPOSING A BALLOT MEASURE.

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

S. 849 -- Senator Thomas: A BILL TO AMEND SECTION 8-13-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTERESTS BY CERTAIN PERSONS, SO AS TO REQUIRE THE MEMBERS SERVING ON A COMMITTEE WHICH HAS THE RESPONSIBILITY OF ANALYZING LEGISLATION, CONDUCTING A PUBLIC HEARING, OR MAKING RECOMMENDATIONS FOR THE PROMULGATION OF REGULATIONS TO FILE A STATEMENT OF ECONOMIC INTERESTS.

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

S. 850 -- Senator Rose: A CONCURRENT RESOLUTION TO DIRECT THE HOUSE OF REPRESENTATIVES CLERK'S OFFICE TO PUBLISH THE SOUTH CAROLINA LEGISLATIVE MANUAL ONCE FOR EACH LEGISLATIVE SESSION.

Whereas, the South Carolina Legislative Manual is currently published once every year; and

Whereas, the General Assembly is in the first year of a two-year legislative session; and

Whereas, the publication of the South Carolina Legislative Manual is an undertaking done at substantial cost to the taxpayers of South Carolina; and


Printed Page 2813 . . . . . Wednesday, May 17, 1995

Whereas, there are no significant purposes for publishing the manual annually that justify the costs. Now, therefore,

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

That the South Carolina Legislative Manual is published once for each legislative session.

Be it further resolved that a copy of this resolution be forwarded to the House of Representatives Clerk's Office.

Referred to the Committee on Judiciary.

S. 851 -- Senator Leventis: A CONCURRENT RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL BOYS TRACK TEAM FOR WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP AND TO CONGRATULATE THE SUMTER HIGH SCHOOL GIRLS TRACK TEAM FOR AN EXCELLENT YEAR AND A FINE RUNNER-UP PERFORMANCE AT THE 1995 CLASS AAAA STATE CHAMPIONSHIP.

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

S. 852 -- Senators Mescher and Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE COACH F. GERALD MOODY OF MONCKS CORNER FOR HIS INDUCTION INTO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME AND TO RECOGNIZE HIS LIFELONG PROMOTION OF AND SUCCESSFUL PARTICIPATION IN SOUTH CAROLINA EDUCATION AND ATHLETICS.

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

S. 853 -- Senators Jackson, Courson, Giese, Patterson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Glover, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF EASTOVER MAYOR LEWIS N. SCOTT, WHO DIED SUNDAY, MAY 14, 1995.

Whereas, Mayor Lewis N. Scott of Eastover died Sunday, May 14, 1995; and


Printed Page 2814 . . . . . Wednesday, May 17, 1995

Whereas, Lewis N. Scott was born on March 6, 1938; and

Whereas, Mayor Scott was elected in 1972 as the first African-American elected to the office of mayor in a Richland County municipality; and

Whereas, Mayor Scott served the citizens of Eastover for six terms as their mayor; and
Whereas, Mayor Scott was committed to encouraging and enabling all citizens of his community to exercise their right to vote; and

Whereas, Mayor Scott began the annual Eastover Parade and Festival; and

Whereas, Mayor Scott oversaw the installation of a sewer system in Eastover; and

Whereas, the efforts of Mayor Scott kept the Eastover bus system in operation; and

Whereas, he was employed by the Richland County Public Works
Department; and

Whereas, Mayor Scott was chairman of the deacon board and a member of the senior choir at the Mount Zion Baptist Church; and

Whereas, Lewis N. Scott has received a host of other honors and awards too numerous to list in one resolution; and

Whereas, Lewis N. Scott is survived by his wife, Mae Bertha Scott, and twelve children. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate express their deepest sympathy to the family and many friends of Mayor Lewis N. Scott of Eastover who died Sunday, May 14, 1995.
Be it further resolved that a copy of this resolution be forwarded to the family of Mayor Scott.

The Senate Resolution was adopted.

S. 854 -- Senators Jackson, Courson, Giese, Patterson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Glover, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF


Printed Page 2815 . . . . . Wednesday, May 17, 1995

EASTOVER MAYOR LEWIS N. SCOTT, WHO DIED SUNDAY, MAY 14, 1995.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

H. 3717 -- Reps. Carnell, Klauber, McAbee, Stille and Tucker: A CONCURRENT RESOLUTION TO WELCOME AMY HETTICH OF LARAMIE, WYOMING, THE 1995 MISS RODEO USA, TO SOUTH CAROLINA IN CONJUNCTION WITH HER APPEARANCE AT AN UPSTATE RODEO IN MAY AND TO EXTEND TO HER THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, MAY 25, 1995.

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

H. 4213 -- Rep. Lanford: A CONCURRENT RESOLUTION TO RECOGNIZE THE ANNUAL FAMILY-ORIENTED CELEBRATION OF BROTHERHOOD AND GOOD HUMOR, BUBBAFEST, AND TO ENCOURAGE SOUTH CAROLINIANS TO PARTICIPATE IN BUBBAFEST '95, SEPTEMBER 8 AND 9 AT MCKINNEY PARK IN WOODRUFF AND ENJOY THE SIGNATURE EVENT OF THE THIRD ANNUAL BUBBAFEST, THE BUBBA-Q COOK-OFF.

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

H. 4214 -- Rep. Meacham: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO DR. ALLEN D. EDWARDS OF ROCK HILL UPON BEING NAMED THE "1995 OUTSTANDING OLDER SOUTH CAROLINIAN".

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

H. 4222 -- Rep. Govan: A CONCURRENT RESOLUTION CONGRATULATING THE KIWANIS CLUB OF ORANGEBURG ON SERVING THE STATE OF SOUTH CAROLINA AND THE CITIZENS OF ORANGEBURG FOR FIFTY YEARS.

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

H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell,


Printed Page 2816 . . . . . Wednesday, May 17, 1995

Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.

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

H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.

Read the first time and referred to the Committee on Fish, Game and Forestry.

REPORTS OF STANDING COMMITTEES

Senator SALEEBY from the Committee on Banking and Insurance polled out H. 3840 favorable:

H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.

Poll of the Banking and Insurance Committee on H. 3840

Ayes 18; Nays 0; Not Voting 0



Printed Page 2817 . . . . . Wednesday, May 17, 1995

AYES

Saleeby           Williams         Leatherman
McConnell Setzler Courson
Matthews Courtney Thomas
Patterson Passailaigue Rose
Reese Hayes Elliott
Jackson Russell Stilwell

TOTAL--18

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation polled out H. 3608 favorable with amendment:

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.

Poll of the Transportation Committee on H. 3608

Ayes 13; Nays 0; Not Voting 5

AYES

Land              Leatherman       O'Dell
Wilson Patterson Mescher
Rose Short Elliott
Waldrep Rankin Richter
Ryberg

TOTAL--13


Printed Page 2818 . . . . . Wednesday, May 17, 1995

NAYS

TOTAL--0

NOT VOTING

Williams Leventis Smith, G.
McGill Passailaigue

TOTAL--5

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 836 -- Senator Russell: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO COMMANDER R. DOUGLAS HUGHES, USN, A SPARTANBURG NATIVE, ON ASSUMING COMMAND OF USS BOONE (FFG-28).

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 845 -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEMORATE MAY 25, 1995, AS "NATIONAL MISSING CHILDREN'S DAY" IN REMEMBRANCE OF SOUTH CAROLINA'S MISSING CHILDREN AND TO RECOGNIZE THE ADAM WALSH CENTER'S COMMITMENT AND EFFORTS TO PROTECT THE RIGHTS OF CHILDREN AND TO PREVENT THEIR EXPLOITATION AND VICTIMIZATION.

Returned with concurrence.

Received as information.

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


Printed Page 2819 . . . . . Wednesday, May 17, 1995

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.

ACTING PRESIDENT PRESIDES

At 11:37 A.M., Senator PEELER assumed the Chair.

READ THE THIRD TIME, SENT TO THE HOUSE

S. 559 -- Senator Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF CASES BEFORE THE


Printed Page 2820 . . . . . Wednesday, May 17, 1995

FAMILY COURT, BY ADDING SECTION 20-7-1530 SO AS TO PROVIDE FACTORS WHICH MUST BE CONSIDERED IN DETERMINING THE CUSTODY OF MINOR CHILDREN; AND TO ADD SUBARTICLE 2 SO AS TO PROVIDE FOR SPECIAL VISITATION PROVISIONS WHICH A COURT MAY ORDER WHEN AWARDING VISITATION IN CASES INVOLVING DOMESTIC AND FAMILY VIOLENCE.

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


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