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

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Printed Page 3960 . . . . . Thursday, June 1, 1995

H. 3515--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., June 1, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
asks for a Committee of Conference, and has appointed Reps. Jennings, J. Young and Klauber of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators COURTNEY, MOORE and STILWELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 1, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE


Printed Page 3961 . . . . . Thursday, June 1, 1995

COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 3663--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., June 1, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
asks for a Committee of Conference, and has appointed Reps. Kirsh, Simrill and Cooper of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators GIESE, PATTERSON and REESE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.


Printed Page 3962 . . . . . Thursday, June 1, 1995

Message from the House

Columbia, S.C., June 1, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4239--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE


Printed Page 3963 . . . . . Thursday, June 1, 1995

GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to H. 4239 was adopted as follows:

H. 4239--Conference Report

The General Assembly, Columbia, S.C., June 1, 1995

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE


Printed Page 3964 . . . . . Thursday, June 1, 1995

AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:00 P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the resolution, as and if amended, by striking all after the resolving clause and inserting therein the following:

/That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses adjourn on Thursday, June 1, 1995, each house shall stand adjourned not later than 5:00 p.m. to meet thereafter under the following terms and conditions:

(1) When the respective houses of the General Assembly adjourn on Thursday, June 1, 1995, not later than 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 2, 5, 6, 7, 8, and 9, 1995, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation and for consideration of resolutions expressing sympathy or congratulations, provided that the President of the Senate and the Speaker of the House are authorized to call their respective bodies back into statewide session on Friday, June 2, 1995, for the consideration of the conference or free conference reports on H. 3362, H. 3363, H. 3647, and H. 3690 if a report has been agreed to by the conferees prior to 5:00 p.m. on June 1;


Printed Page 3965 . . . . . Thursday, June 1, 1995

provided, however, that if the House and Senate meet on Friday, June 2, they shall adjourn no later than 5:00 p.m. to reconvene under the terms and conditions of this resolution and they are further authorized to meet on June 2, 5, 6, 7, or 8, 1995, for the ratification of acts which have been enrolled; and

(2) When each house adjourns on Friday, June 9, 1995, it shall stand adjourned to meet in statewide session at 11:00 a.m., Monday, June 12, 1995, and to continue in statewide session, if necessary, no later than 5:00 P.M., Thursday, June 15, 1995, for:

(a) a joint session of the General Assembly to be held at 12:00 p.m. on Monday, June 12, 1995, for the purpose an election to fill Seat 2 of the Family Court for the Fifth Judicial Circuit if screening has been completed and a report has been issued by the Joint Legislative Screening Committee as to all candidates for such seat;

(b) the consideration of gubernatorial vetoes;

(c) the receipt or confirmation, or both, of appointments;

(d) the ratification of acts;

(e) the consideration of local matters where the affected delegation is unanimous;

(f) receipt or consideration, or both, of conference and free conference reports;

(g) the consideration of statewide legislation reauthorizing Act 497 of 1994;

(h) concurrent resolutions, proposed by the Conference Committee on H. 4239: (1) affecting SINE DIE adjournment for the exclusive purposes of setting or changing the date or time set for the election to fill Seat 2 of the Family Court for the Fifth Judicial Circuit; (2) affecting consideration of the Conference or Free Conference Reports on H. 3362, H. 3363, H. 3647, and H. 3690; or (3) setting a date and time for the General Assembly to reconvene solely for the purpose of holding a joint assembly to fill any vacancy for judicial office if new judicial offices are created in the 1995 General Appropriation Act and screening has been completed and a report issued by the Joint Legislative Screening Committee and to further provide that when the election of these judicial offices is completed, the respective houses of the General Assembly shall adjourn SINE DIE./

Amend the title to read:
/TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, NOT LATER THAN 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 2, 5, 6, 7, 8, AND 9, 1995, FOR


Printed Page 3966 . . . . . Thursday, June 1, 1995

CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS, AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON THURSDAY, JUNE 8, 1995, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:00 A.M., MONDAY, JUNE 12, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:00 P.M., THURSDAY, JUNE 15, 1995, AND TO PROVIDE FOR A JOINT ASSEMBLY FOR THE PURPOSE OF AN ELECTION TO FILL SEAT 2 OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT AT 12:00 P.M. NOON ON MONDAY, JUNE 12, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 15, 1995, IT SHALL STAND ADJOURNED SINE DIE./

Amend title to conform.

/s/Senator Donald Holland/s/Rep. Terry E. Haskins
/s/Senator Glenn McConnell/s/Rep. William D. Boan
/s/Senator Thomas L. Moore/s/Rep. Doug Smith

On Part of the Senate.On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 1, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, NOT LATER THAN 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 2, 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED


Printed Page 3967 . . . . . Thursday, June 1, 1995

MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS, AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON THURSDAY, JUNE 8, 1995, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:00 A.M., MONDAY, JUNE 12, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:00 P.M., THURSDAY, JUNE 15, 1995, AND TO PROVIDE FOR A JOINT ASSEMBLY FOR THE PURPOSE OF AN ELECTION TO FILL SEAT 2 OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT AT 12:00 P.M. NOON ON MONDAY, JUNE 12, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 15, 1995, IT SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
Speaker of the House

Received as information.

AMENDED, AMENDMENT PROPOSED

DEBATE INTERRUPTED

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 14 (3901R015.ELP) previously proposed by Senator PASSAILAIGUE.


Printed Page 3968 . . . . . Thursday, June 1, 1995

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

Senator PASSAILAIGUE moved that the amendment be adopted.

A roll call vote was ordered.

Objection

Senator LEATHERMAN asked unanimous consent to address brief remarks to the body.

Senator LEVENTIS objected.

Senator BRYAN moved to lay the amendment on the table.

Point of Order

Senator LEVENTIS raised a Point of Order that the motion to table was out of order inasmuch as a roll call vote had been ordered.

Senator McCONNELL spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Point of Personal Privilege

Senator LEATHERMAN rose to a Point of Personal Privilege.

Motion Withdrawn

Senator PASSAILAIGUE asked unanimous consent to withdraw the roll call vote.

There was no objection.

Senator LEATHERMAN argued contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Ayes 6; Nays 31

AYES

Bryan             Cork             Leatherman
Ryberg Stilwell Williams

TOTAL--6



Printed Page 3969 . . . . . Thursday, June 1, 1995

NAYS

Alexander         Courson          Courtney
Giese Glover Gregory
Land Lander Leventis
Martin Matthews McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Rankin Reese Richter
Rose Russell Saleeby
Setzler Short Smith, G.
Thomas Waldrep Washington
Wilson

TOTAL--31

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

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

Ayes 36; Nays 1

AYES

Alexander         Boan             Bryan
Courson Courtney Elliott
Giese Glover Gregory
Jackson Land Lander
Leatherman Leventis Martin
Matthews McConnell McGill
Mescher Moore O'Dell
Passailaigue Patterson Rankin
Reese Richter Rose
Russell Ryberg Setzler
Short Smith, G. Thomas
Waldrep Washington Wilson

TOTAL--36

NAYS

Stilwell

TOTAL--1


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