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 3170, May 24 | Printed Page 3190, May 25 |
Printed Page 3180 . . . . . Thursday, May 25, 1995
Reappointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

Mr. Robert F. Gregory, Post Office Box 454, Moncks Corner, S.C. 29461

Mr. Phillip Farley, 1049 Riverview Drive, Hanahan, S.C. 29406

Mr. Willie Varnish, Sr., 1249 Old Black Oak Road, Moncks Corner, S.C. 29461

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 24, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Bamberg County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Danny J. Singleton, Route 1, Box 20, Ehrhardt, S.C. 29081

Received as information.

Reappointments, Newberry County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Barry S. Koon, 3239 Louis Rich Road, Newberry, S.C. 29108

The Honorable Emily E. Clements, 752 Highway 202, Little Mountain, S.C. 29075

Received as information.

Printed Page 3181 . . . . . Thursday, May 25, 1995
Reappointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Earl H. Hyder, 749 Hawkins Road, Union, S.C. 29379

Received as information.

Initial Appointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to begin July 1, 1995:

Mr. Charles Wilson Blackwell, Post Office Box 33, Jonesville, S.C. 29353- 0033 VICE Catherine H. Smith (retired)

Received as information.

Reappointments, Richland County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Melvin W. Maurer, 1223 St. Andrews Road, Columbia, S.C. 29210

Honorable Harry M. Tokunaga, 224 Carlyle Circle, Columbia, S.C. 29206

Honorable Samuel Peay, 4919 Rhett Avenue, Columbia, S.C. 29203

Honorable Willie H. Womble, Jr., 6706 Formosa Drive, Columbia, S.C. 29206

Honorable Walter Jones, 2200 Chappelle Street, Columbia, S.C. 29203

Received as information.

Message from the House

Columbia, S.C., May 24, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 89, H. 3977 by a vote of 3 to 0:
(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE

Printed Page 3182 . . . . . Thursday, May 25, 1995
BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

The veto of the Governor was taken up for immediate consideration.

Senator REESE moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Ayes 44; Nays 0

AYES

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Saleeby           Setzler          Short

Smith, G.         Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Williams          Wilson

TOTAL--44


Printed Page 3183 . . . . . Thursday, May 25, 1995
NAYS
TOTAL--0



The necessary two-thirds vote having been received, the veto of the Governor was
overridden, and a message was sent to the House accordingly.

Message from the House


Columbia, S.C., May 24, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the
veto by the Governor on R. 78, S. 732 by a vote of 3 to 0:

  (R78) S. 732 -- Senator Drummond:  AN ACT 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.

Very respectfully,

Speaker of the House

Received as information.

Doctor of the Day


Senator MOORE introduced Dr. Bo Machado of Aiken, S.C., Doctor of the Day.

Point of Personal Privilege


Senator LEVENTIS rose to a Point of Personal Privilege.

Point of Personal Privilege


Senator LEATHERMAN rose to a Point of Personal Privilege.

Message from the House


Columbia, S.C., May 24, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed
Reps. Townsend, Allison and Wright of the Committee of Conference on the part of
the House on:





Printed Page 3184 . . . . . Thursday, May 25,
1995



S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander,
                 Courson and Leventis:  A BILL TO AMEND SECTION 59-103-10, CODE
                 OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE
                 COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP
                 OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS
                 SELECTED; TO AMEND SECTION 59-103-60, RELATING TO
                 RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE
                 BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO
                 INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH
                 RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND
                 PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE
                 FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY
                 REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF
                 HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO
                 THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT
                 THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO
                 SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE
                 THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION
                 SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE
                 COMMISSION.

Very respectfully,

Speaker of the House

Received as information.

Message from the House


Columbia, S.C., May 24, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed
Reps. Huff, Cromer and Cotty of the Committee of Conference on the part of the
House on:

  H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan,
  Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz,
  Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer,
  Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain,
  Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler,
  Stille,



Printed Page 3185 . . . . . Thursday, May 25,
1995



 Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison,
Klauber, Cato, Vaughn, Martin, Davenport and Kirsh:  A BILL TO ENACT THE SOUTH
CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY
OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL
SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK
SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN
ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE
THE
EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO
JOB
VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO
EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL
ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO
REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE
SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN
RECEIVING
AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT
SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC
RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO
ESTABLISH
EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN
FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO
AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC
TO
PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC
ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY
MONTHS IN A
LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY
PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC
ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN
AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM
UNDER
CERTAIN CONDITIONS; TO



Printed Page 3186 . . . . . Thursday, May 25,
1995



 REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY
SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE
EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO
EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC
RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF
ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT
THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION
20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE
PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20,
CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND
PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE
REVOCATION
OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES,
COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND
WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO
AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND
ENFORCEMENT OF
PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND
SECTION
43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS
AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND
SECTION
43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT
CONCERNING
THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE
ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID
REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE
IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR
PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION
TO BE
SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES
ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE



Printed Page 3187 . . . . . Thursday, May 25,
1995



 THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO
CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE
DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL
GOVERNMENT
TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840
THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND
NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".

Very respectfully,

Speaker of the House

Received as information.

Message from the House


Columbia, S.C., May 25, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the
amendments proposed by the Senate to:

  H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson:  A BILL TO
  AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
  COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT
  COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL  THEIR SUCCESSORS ARE ELECTED
AND
  QUALIFY.

and has ordered the Bill Enrolled for Ratification.

Very respectfully,

Speaker of the House

Message from the House


Columbia, S.C., May 25, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the
amendments proposed by the Senate to:

  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



Printed Page 3188 . . . . . Thursday, May 25,
1995



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

and has ordered the Bill Enrolled for Ratification.

Very respectfully,

Speaker of the House

Received as information.

RECALLED


S. 642 -- Senator Thomas:  A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL
RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL
RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER
THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY
A
CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA
INDICATING
THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A
DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE
REQUIRED
TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF



Printed Page 3189 . . . . . Thursday, May 25,
1995



 THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE
SELF-INSURER'S CERTIFICATE.


Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from
the Committee on Banking and Insurance.

There was no objection.


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

RECALLED


H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett,
Lloyd and T. Brown:  A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE
DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF
PERSONS
WITH MULTIPLE HANDICAPS.


Senator COURTNEY asked unanimous consent to make a motion to recall the Bill
from the Committee on Education.

There was no objection.


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

RECALLED


H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart
and Quinn:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE
REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT
OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR
REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE
DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON
LOCAL
BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES
RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO
CONFIDENTIALITY OF CHILD



Printed Page 3190 . . . . . Thursday, May 25,
1995



 ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES,
SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN
ACCESS
TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE
REVIEW BOARDS ARE ELIGIBLE TO SERVE.


Senator COURTNEY asked unanimous consent to make a motion to recall the Bill
from the General Committee.







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 | Printed Page 3190, May 25
 | 




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