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 790, Mar. 7 | Printed Page 810, Mar. 8 |
Printed Page 800 . . . . . Tuesday, March 7, 1995
MOTION ADOPTED

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Janie Garner Toney, beloved mother of Jane Fallaw, Administrative Assistant to Senator SETZLER.

ADJOURNMENT

At 1:52 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

Printed Page 801 . . . . . Wednesday, March 8, 1995
Wednesday, March 8, 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 Pro Tempore.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear an interesting passage from the ancient Book of First Samuel, (NRSV) (3:1,10):

"Now the boy Samuel was ministering to

the Lord under Eli. The word of the Lord was

rare in those days, visions were not

widespread..."

"Then the Lord said to Samuel, `See, I am

about to do something in Israel that will

make both ears of anyone who hears it

tingle'..."
Let us pray.

Dear Lord, we, too, live in a day when the Word of the Lord is rare and spiritual visions are not widespread.

Help us to realize Your eminence in our world of affairs that we may be so attuned to Your Spirit that we may hear in our day words comparable to the words heard by Samuel, "See, I am about to do something in Israel that will make both ears of anyone who hears of it tingle!"

Amen!

Point of Quorum

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land





Printed Page 802 . . . . . Wednesday, March 8,
1995



Lander             LeathermanLeventis

Martin            Matthews         McConnell

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Russell          Ryberg

Saleeby           Setzler          Short

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Williams

Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senator McGILL recorded his presence subsequent to the Call of the Senate.

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

February 23, 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, Insurance Commission, with term to commence June 30, 1994, and to expire June 30, 2000:

3rd Congressional District:

Mr. William L. Lawless, 2114 Easley Highway, Piedmont, S.C. 29673 VICE Joab M. Anderson

Referred to the Committee on Banking and Insurance.

Printed Page 803 . . . . . Wednesday, March 8, 1995
MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 2, 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, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable John Cecil Moore, Jr., P.O. Box 321, North, S.C. 29112

Received as information.

Reappointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Donald S. Tennyson, Sr., 1225 Twin Lakes Road, Rock Hill, S.C. 29732

Received as information.

Reappointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Alfred W. Flynn, P.O. Box 485, Williston, S.C. 29583

Received as information.

Printed Page 804 . . . . . Wednesday, March 8, 1995
MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 3, 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

Statewide Appointments

Reappointment, Board of Financial Institutions, with term to commence June 30, 1993, and to expire June 30, 1997:

Consumer Financial Institution:

Mrs. Ruth B. Looper, 5 Saluda Lake Circle, Greenville, S.C. 29611

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

5th Congressional District:

Ms. Stella G. Williams, 2006 Emma Circle, Lancaster, S.C. 29720 VICE Robert Bell

Referred to the General Committee.

Local Appointment

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Vernetha G. Glenn, P.O. Box 675, Santee, S.C. 29142

Received as information.

ACTING PRESIDENT PRESIDES

At 11:15 A.M., Senator LAND assumed the Chair.

Printed Page 805 . . . . . Wednesday, March 8, 1995
VETO OVERRIDDEN

(R2) S. 278 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 7, 1995
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 278, R. 2, an Act:
TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

This veto is based upon an informal opinion of the Attorney General's Office dated March 6, 1995. The opinion states:
The act bearing ratification number 2 of 1995 would amend Act No. 1093 of 1966, relating to the Goose Creek Park and Playground Commission so as to change the name of the commission to the Goose Creek Recreation Commission. A review of the relevant acts shows that the commission is located wholly within Berkeley County. Thus, R.2 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to R-2 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

For the above reasons, I am returning S. 278, R. 2, without my signature.

Sincerely,
David M. Beasley
Governor

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

Senator MESCHER 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?

Printed Page 806 . . . . . Wednesday, March 8, 1995
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 45; 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

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

TOTAL--45

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.

Doctor of the Day


Senator GIESE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.

Point of Personal Privilege


Senator RICHTER rose to a Point of Personal Privilege.






Printed Page 807 . . . . . Wednesday, March 8,
1995




INTRODUCTION OF BILLS AND RESOLUTIONS


The following were introduced:


S. 610 -- Senator Land:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 6-1-100 SO AS TO PROHIBIT A GOVERNMENTAL ENTITY FROM SELLING AN
AGRICULTURAL OR HORTICULTURAL PRODUCT, DEFINE TERMS, AND PROVIDE EXCEPTIONS.

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


S. 611 -- Senators McConnell and Washington:  A BILL TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING
OF
CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN
APPROPRIATION FROM
THE STATE.

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


S. 612 -- Senators McConnell, Cork and Elliott:  A BILL TO AMEND SECTION 12-21-2420,
AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION
OF THE
ADMISSIONS TAX AND THE EXEMPTIONS THEREFROM, SO AS TO EXEMPT ANNUAL OR
MONTHLY FEES
OR DUES PAID TO NONPROFIT AND FOR-PROFIT COUNTRY CLUBS, AND TO DEFINE THE
TERM
COUNTRY CLUB FOR THIS PURPOSE.

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


S. 613 -- Senator McConnell:  A BILL TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF THE 2.66
CENTS
A GALLON GASOLINE TAX, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY
TRANSPORTATION FUND IN THE STATE TREASURY MUST BE CREDITED TO THE STATE
HIGHWAY FUND.

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


S. 614 -- Senator McConnell:  A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE
GATHERING
OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE
OYSTERS
AND CLAMS,



Printed Page 808 . . . . . Wednesday, March 8,
1995



 REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OFTHE AREAS,
AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH
GROUNDS.

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


S. 615 -- Senators Moore, Land, Washington, Elliott, Short, Lander, Leventis, Rankin
and Reese:  A BILL TO ENACT THE SOUTH CAROLINA WELFARE REFORM AND RESPONSIBILITY
ACT
OF 1995 SO AS TO ESTABLISH THE STATE WELFARE POLICY; TO REQUIRE THE DEPARTMENT
OF
SOCIAL SERVICES TO APPLY TO THE FEDERAL GOVERNMENT FOR AFDC RECIPIENTS
WAIVERS TO
ALLOW IMPOSITION OF SANCTIONS FOR CLIENT NONCOMPLIANCE; TO REQUIRE AFDC
CLIENTS TO
ENTER INTO AGREEMENTS WITH THE DEPARTMENT OF SOCIAL SERVICES IN ORDER TO
RECEIVE
BENEFITS; TO DIRECT ALL APPLICABLE STATE AGENCIES TO FORM COMMUNITY WORK
GROUPS TO
REDUCE WELFARE DEPENDENCY; TO DIRECT THE EMPLOYMENT SECURITY COMMISSION TO
DESIGNATE
A SEPARATE DIVISION AT ALL LOCAL LEVELS TO DEAL EXCLUSIVELY WITH WELFARE
RECIPIENTS
IN SECURING LONG-TERM EMPLOYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION
12-7-1280
SO AS TO PROVIDE TAX CREDITS TO BUSINESSES AND INDIVIDUAL TAXPAYERS WHO HIRE
OR
ASSIST IN SECURING EMPLOYMENT FOR WELFARE RECIPIENTS; TO INITIATE STRATEGIES
DIRECTED
AT PREVENTIVE HEALTH SERVICES INCLUDING TEENAGE PREGNANCY PREVENTION,
PRENATAL CARE,
CHILDHOOD IMMUNIZATIONS, SUBSTANCE ABUSE INTERVENTION, AND ACCESS TO CLINIC
SERVICES;
TO REQUIRE COMPULSORY SCHOOL ATTENDANCE THROUGH AGE EIGHTEEN FOR ALL AFDC
RECIPIENTS;
TO DEVELOP A PROGRAM  TO PROMOTE STATE AGENCY HIRING OF AFDC RECIPIENTS; TO
LIMIT
AFDC ASSISTANCE TO THIRTY-SIX MONTHS AND TO PROVIDE EXCEPTIONS; TO REQUIRE
AFDC
RECIPIENTS TO ATTAIN JOB TRAINING GOALS AS ESTABLISHED BY COLLABORATIVE EFFORTS
BETWEEN THE DEPARTMENT OF SOCIAL SERVICES AND THE EMPLOYMENT SECURITY
COMMISSION; TO
DIRECT ALL APPLICABLE STATE AGENCIES TO REVIEW, REVISE, AND DEVELOP EFFICIENT
AND
EFFECTIVE ADMINISTRATIVE



Printed Page 809 . . . . . Wednesday, March 8,
1995



 PROCEDURES INCLUDING THE SIMPLIFICATION OF PUBLIC ASSISTANCE FORMS,
PROCUREMENT PROCEDURES, ELIGIBILITY DETERMINATIONS, ACCESS TO CHILD DAY CARE
SERVICES, AND ENHANCED UTILIZATION OF COMPUTER TECHNOLOGY FOR SHARING
AMONG MULTIPLE
AGENCIES; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-937 SO AS TO REQUIRE THE
PATERNAL PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE
GRANDCHILD IS
UNDER EIGHTEEN YEARS OF AGE, WITH EXCEPTIONS; TO REQUIRE AFDC RECIPIENTS TO
PROVIDE
ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REQUIRE
AFDC
RECIPIENTS TO ENTER AN ALCOHOL OR SUBSTANCE ABUSE PROGRAM UNDER CERTAIN
CONDITIONS;
TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY.

Read the first time and referred to the General Committee.


S. 616 -- Senator Giese:  A BILL TO REPEAL SECTIONS 11-35-710, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE
AND
EXEMPTING GOVERNMENTAL BODIES FROM PURCHASING CERTAIN ITEMS, 24-3-330,
RELATING TO
THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY STATE AGENCIES AND
POLITICAL
SUBDIVISIONS, AND 24-3-360, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES
DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR.

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


S. 617 -- Senator McConnell:  A BILL TO AMEND SECTION 11-35-4410, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCUREMENT REVIEW PANEL, SO AS
TO
DECREASE THE PANEL FROM EIGHT TO SEVEN MEMBERS AND MAKE A CORRESPONDING
REDUCTION IN
THE NUMBER OF MEMBERS NECESSARY TO CONSTITUTE A QUORUM.

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


S. 618 -- Senators Giese and Courson:  A BILL TO ABOLISH THE COMMISSION OF THE
DEPARTMENT OF TRANSPORTATION AND TRANSFER ITS RESPONSIBILITIES TO THE
DEPARTMENT'S
DIRECTOR; TO AMEND SECTION 57-1-410, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING
TO THE APPOINTMENT



Printed Page 810 . . . . . Wednesday, March 8,
1995



 AND THE RESPONSIBILITIES OF THE DIRECTOR OF THE DEPARTMENT OF
TRANSPORTATION, SO AS TO REQUIRE THE GOVERNOR TO APPOINT AND REMOVE THE
DIRECTOR; AND
TO REPEAL ARTICLE 3, CHAPTER 1 OF TITLE 57, RELATING TO THE ESTABLISHMENT AND
DUTIES
OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION.

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







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