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 490, Feb. 8 | Printed Page 510, Feb. 9 |

Printed Page 500 . . . . . Wednesday, February 8, 1995

That the members of the General Assembly memorialize the members of the South Carolina Congressional Delegation and the Environmental Protection Agency to help South Carolina's cotton farmers and the economy of this State by encouraging and approving emergency action to allow the use of "Staple Herbicide".

Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation and the director of the Environmental Protection Agency.

Senator LEVENTIS spoke on the Resolution and moved that the Concurrent Resolution be adopted.

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

S. 477 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. ALEXANDER CHEVES HASKELL, JR., OF EVANS WHO DIED MONDAY, JANUARY 30, 1995.

The Senate Resolution was adopted.

S. 478 -- Senator McGill: A SENATE RESOLUTION COMMENDING BOBBY TURNER, AN EMPLOYEE OF SANTEE ELECTRIC COOPERATIVE FOR HIS HEROISM WHICH SAVED THE LIFE OF ANOTHER HUMAN BEING ON CHRISTMAS EVE.

The Senate Resolution was adopted.

H. 3499 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND ADRIAN MCILWAIN, A SENIOR AT IRMO HIGH SCHOOL, FOR HIS RECENT COURAGEOUS ACTIONS IN PREVENTING AN ACCIDENT AND SAVING OTHERS FROM INJURY OR DEATH ON ST. ANDREWS ROAD.

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

H. 3519 -- Reps. Carnell, McAbee, Klauber and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.

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


Printed Page 501 . . . . . Wednesday, February 8, 1995

H. 3521 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE HONORABLE LILLIAN BROCK FLEMMING OF GREENVILLE COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE TO THE GREENVILLE COUNTY SCHOOLS, THE CITY OF GREENVILLE, AND THE WHOLE COMMUNITY.

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

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

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

H. 3407 -- Rep. McKay: A BILL TO PROVIDE THAT THE ANNUAL CITIZENS' MEETING OF FLORENCE COUNTY SCHOOL DISTRICT 4 TO CONSIDER THE BUDGET AND OTHER MATTERS MUST BE HELD ON OR BEFORE THE SECOND THURSDAY OF JUNE OF EACH YEAR RATHER THAN ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR.

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

H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

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

H. 3449 -- Reps. Law, H. Brown, Wofford, Dantzler, Williams, A. Young and Hutson: A BILL TO AMEND SECTION 58-31-330,


Printed Page 502 . . . . . Wednesday, February 8, 1995

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, THE PROVIDING OF ELECTRIC SERVICE, AND THE SERVICE AREA OF THE AUTHORITY, SO AS TO FURTHER DESCRIBE THE AREA IN BERKELEY COUNTY WHICH IS NOT INCLUDED IN THE AUTHORITY'S PRESENT SERVICE AREA.

Senator GIESE spoke on the Bill.

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

REPORTS OF STANDING COMMITTEES

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

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

Ordered for consideration tomorrow.

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

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

Ordered for consideration tomorrow.

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


Printed Page 503 . . . . . Wednesday, February 8, 1995

S. 236 -- Senators Russell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

Ordered for consideration tomorrow.

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

S. 265 -- Senators Stilwell, Courtney, Rose and Giese: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

Ordered for consideration tomorrow.

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


Printed Page 504 . . . . . Wednesday, February 8, 1995

S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.

Ordered for consideration tomorrow.

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

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

Ordered for consideration tomorrow.

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

H. 3217 -- Reps. Neilson, Hines and Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.

Ordered for consideration tomorrow.


Printed Page 505 . . . . . Wednesday, February 8, 1995

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

THERE HAVING BEEN NO UNCONTESTED BILLS ON THE LOCAL AND STATEWIDE CALENDAR, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

S. 59 -- Senators McConnell, Wilson, Ryberg, Rose, Gregory, Giese and Richter: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY SHALL VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

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

Amendment No. 1

Senator PASSAILAIGUE proposed the following Amendment No. 1 (59R003.ELP), which was ruled out of order:

Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:

/"SECTION . It is proposed that Section 7, Article III of the Constitution of this State be amended to read:

"Section 7. (A) No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age.

(B) No person, who at the time of the general election, is in the last year of a sixth consecutive term as a member of the House of Representatives, or who is in the last year of a third consecutive term as a member of the Senate, or who has served twelve consecutive years in the General Assembly either as a member of the Senate or House of Representatives or a combination thereof, shall be eligible for a seat in the


Printed Page 506 . . . . . Wednesday, February 8, 1995

General Assembly, but shall be re-elig
ible at thenext general election following the general election for which they were ineligible.

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:

"Shall Sections 7, Article III of the Constitution of this State be amended so as to provide that no person, who at the time of the general election, is in the last year of a sixth consecutive term as a member of the House of Representatives, or who is in the last year of a third consecutive term as a member of the Senate, or who has served twelve consecutive years in the General Assembly either as a member of the Senate or House of Representatives or a combination thereof, shall be eligible for a seat in the General Assembly, but shall be re-eligible at the next general election following the general election for which they were ineligible?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Point of Order

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the specific subject matter of the Joint Resolution.

Senators PASSAILAIGUE, THOMAS, BRYAN, MARTIN, LEATHERMAN, RICHTER, WASHINGTON and McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

There being no further amendments, the question then was the second reading of the Joint Resolution.

Senator McCONNELL spoke on the Joint Resolution.

Senator HOLLAND spoke on the Joint Resolution.

Senator WASHINGTON spoke on the Joint Resolution.

Senator RICHTER spoke on the Joint Resolution.


Printed Page 507 . . . . . Wednesday, February 8, 1995

Senator LANDER spoke on the Joint Resolution.

Senator PATTERSON spoke on the Joint Resolution.

Objection

Senator J. VERNE SMITH asked unanimous consent to make a motion that the Senate stand adjourned, with Senator PATTERSON retaining the floor.

Senator RYBERG objected.

Senator PATTERSON continued speaking on the Joint Resolution.

Debate was interrupted by adjournment, Senator PATTERSON retaining the floor.

MOTION ADOPTED

On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James W. Todd of Walhalla, S.C., former Director of the Oconee Department of Social Services.

ADJOURNMENT

At 1:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 508 . . . . . Thursday, February 9, 1995

Thursday, February 9, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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, we get a fresh, new meaning of Psalm 46 in "The New English Bible", (vv.4-5):

"There is a river whose streams

gladden the city of God,

Which the Most High has made

His holy dwelling;

God is in that city; she will

not be overthrown, and

He will help her at the break of day."
Let us pray.

Eternal and most Blessed Lord, we are concerned about our cities.

In this hallowed moment, dedicated to Your praise, and the confession of our need of Your help, may we know what it is to be still and know that You can gladden our cities... and towns... and countrysides; if we, for our part, fulfill the conditions of solid commitment.

In a world where so much is sad... and bad, give us the kind of faith that makes us glad; not with the Polyanna optimism of some, but with the quiet confidence that the last word will not be said by the enemies of faith, but by the Lord God Himself. You are the Judge of all the earth, and the Redeemer of those who put their trust in You.

SO, HELP US GOD. AMEN!

Point of Quorum

Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

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


Printed Page 509 . . . . . Thursday, February 9, 1995

CITY OF MYRTLE BEACH

November 30, 1994
Mr. President and Members of the Senate:

We are 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,
Robert M. Grissom
Mayor

Local Appointments

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence November 8, 1994, and to expire June 30, 1996:

City of Myrtle Beach:
William Smith, Jr., 1311 Hemingway Street, Myrtle Beach, S.C. 29577

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, and to expire June 30, 1996:

City of Myrtle Beach:

John C. Stewart, Jr., 2411 Oak Street, Suite 301, Myrtle Beach, S.C. 29577

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 26, 1994, and to expire June 30, 1998:

City of Myrtle Beach:

Robert H. Reed, 715 Antigua Drive, Myrtle Beach, S.C. 29572


| Printed Page 490, Feb. 8 | Printed Page 510, Feb. 9 |

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