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 940, Mar. 14 | Printed Page 960, Mar. 14 |
Printed Page 950 . . . . . Tuesday, March 14, 1995
Statewide Appointments

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

2nd Congressional District:

Mrs. Jo-Anne B. Whitehead, 113 Fifeshire Drive, Columbia, S.C. 29212 VICE Robert D. Hazel (moved to At-Large member)

Referred to the Committee on Judiciary.

Initial Appointment, Commission on Women, with term to commence October 18, 1995, and to expire October 18, 1999:

At-Large:

Mrs. Elizabeth G. Cox, 1217 Hobart Drive, Florence, S.C. 29501 VICE Betty G. Dominick

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 27, 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

Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:

2nd Congressional District:

Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902

Referred to the Committee on Judiciary.

Printed Page 951 . . . . . Tuesday, March 14, 1995
MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 28, 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, State Human Affairs Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

1st Congressional District:

Mr. Darrel W. Givens, 82 Brisbane Drive, Charleston, S.C. 29407 VICE Robert P. Pickering (resigned)

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 1, 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

Initial Appointment, Board of Health and Environmental Control, with term to commence June 30, 1991, and to expire June 30, 1995:

1st Congressional District:

Printed Page 952 . . . . . Tuesday, March 14, 1995
Ms. Cynthia C. Mosteller, 6 Fairway Village Lane, Isle of Palms, S.C. 29451 VICE Burnet R. Maybank, III (resigned)

Referred to the Committee on Medical Affairs.

Reappointment, Board of Health and Environmental Control, with term to commence June 30, 1995, and to expire June 30, 1999:

1st Congressional District:

Ms. Cynthia C. Mosteller, 6 Fairway Village Lane, Isle of Palms, S.C. 29451

Referred to the Committee on Medical Affairs.

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

Initial Appointment, South Carolina Real Estate Commission, with term to commence September 8, 1994, and to expire June 30, 1995:

Consumer:

Reverend Charles L. Johnson, Sr., 203 Martin Street, Clemson, S.C. 29631 VICE Earl Spain (resigned)

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, State Board of Pharmacy, with term to commence June 30, 1994, and to expire June 30, 2000:

6th Congressional District:

Printed Page 953 . . . . . Tuesday, March 14, 1995
Mr. Robert T. Moss, Jr., Moss Pharmacy, 804-E West Second Loop Road, Florence, S.C. 29505-2825

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 6, 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, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:

4th Congressional District:

Mr. Donald K. League, 9 Winthrop Avenue, Greenville, S.C. 29607 VICE Samuel L. Zimmerman, Jr. (resigned)

Referred to the General Committee.

Doctor of the Day

Senator LEATHERMAN introduced Dr. Conyers O'Bryan of Florence, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator JACKSON, at 12:00 Noon, Senator PATTERSON was granted a leave of absence for today.

Leave of Absence

On motion of Senator WASHINGTON, at 12:00 Noon, Senator MATTHEWS was granted a leave of absence until 3:00 P.M.

Printed Page 954 . . . . . Tuesday, March 14, 1995
Leave of Absence

On motion of Senator MOORE, at 12:00 Noon, Senator SETZLER was granted a leave of absence for today due to the fact that Senator SETZLER was ill.

INTRODUCTION OF BILLS AND RESOLUTION

The following were introduced:

S. 634 -- Senator Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995" BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR AN INCOME TAX CHECKOFF FOR THE GIFT OF LIFE TRUST FUND; BY ADDING SECTION 44-43-720 SO AS TO REQUIRE CONSENT WHEN AN ORGAN REMOVED DURING AN AUTOPSY IS USED FOR ORGAN DONATION; BY ADDING SECTION 44-43-1012 SO AS TO PROHIBIT THE RELEASE OF THE IDENTITY OF AN ORGAN DONOR OR RECIPIENT WITHOUT CONSENT; BY ADDING SECTION 44-43-1014 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ANNUALLY REVIEW HOSPITAL DEATH RECORDS TO DETERMINE THE HOSPITALS' COMPLIANCE WITH ORGAN AND TISSUE PROTOCOLS; TO AMEND TITLE 44, CHAPTER 43, RELATING TO DISPOSITION OF HUMAN BODIES BY ADDING ARTICLE 13 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND AND ITS BOARD OF DIRECTORS AND TO PROVIDE FOR ITS PURPOSE, POWERS, AND DUTIES; TO ADD SECTION 56-1-143 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO GIVE PERSONS RENEWING THEIR DRIVER'S LICENSE AN OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND; TO AMEND SECTION 17-5-260, RELATING TO NOTIFICATION TO THE MEDICAL EXAMINER OF CERTAIN DEATHS, SO AS TO REQUIRE THE MEDICAL EXAMINER TO PROVIDE THE AUTOPSY REPORT TO THE NEXT OF KIN IF REQUESTED AND TO STATE IF ANY ORGANS WERE REMOVED PERMANENTLY; TO AMEND SECTION 44-43-40, RELATING TO DRIVERS' LICENSES REFLECTING ORGAN DONATIONS, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO PLACE DONOR INFORMATION OBTAINED THROUGH DRIVER'S LICENSE ISSUANCE AND RENEWAL IN THE DEPARTMENT'S DATA BASE AND TO MAKE THIS AVAILABLE TO CERTAIN MEDICAL AND

Printed Page 955 . . . . . Tuesday, March 14, 1995
LAW ENFORCEMENT PERSONNEL; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO REVISE THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PERSONS WHO MAY BE ORGAN DONORS, SO AS TO ALLOW SIXTEEN- OR SEVENTEEN-YEAR OLDS TO BE DONORS WITH PARENTAL CONSENT, TO PROVIDE THAT AN ORGAN DONATION GIFT MADE BY A PERSON BEFORE DEATH TAKES PRECEDENCE OVER THE WISHES OF SURVIVING FAMILY AND TO PROVIDE PROCEDURES FOR OBTAINING CONSENT FROM RELATIVES; TO AMEND SECTION 44-43-710, RELATING TO CONSENT TO PERFORM AN AUTOPSY, SO AS TO REQUIRE THAT THE FORM MUST BE WRITTEN IN PLAIN LANGUAGE; TO AMEND SECTION 44-43-910, RELATING TO DEFINITIONS UNDER HOSPITAL PROTOCOLS FOR ORGAN DONATION, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 44-43-920, RELATING TO HOSPITAL POLICIES FOR ORGAN DONATION, SO AS TO REQUIRE A HOSPITAL TO CONTACT THE SOUTH CAROLINA ORGAN DONOR NETWORK AT THE TIME OF EACH HOSPITAL DEATH TO DETERMINE SUITABILITY OF THE DECEDENT FOR ORGAN DONATION; TO AMEND SECTION 44-43-930, RELATING TO HOSPITAL CONTACT WITH FAMILIES OF POTENTIAL ORGAN DONORS, SO AS TO PROVIDE PROCEDURES FOR OBTAINING ORGAN DONATIONS FROM POTENTIAL DONORS; TO AMEND SECTION 44-43-950, RELATING TO WHO MAY CONSENT TO ORGAN DONATION, SO AS TO PROVIDE PROCEDURES FOR OBTAINING CONSENT; TO AMEND SECTION 44-43-970, RELATING TO AGENCIES WHICH MAY RECEIVE ORGAN REFERRALS AND DONATIONS, SO AS TO FURTHER DEFINE THESE AGENCIES; TO AMEND SECTION 44-43-990, RELATING TO PHYSICIAN NOTIFICATION OF POTENTIAL ORGAN DONATIONS, SO AS TO REVISE THE NOTICE REQUIREMENT; AND TO AMEND SECTION 44-43-1000, RELATING TO MEDICAL RECORDS OF ORGAN DONORS, SO AS TO REVISE THE REQUIRED CONTENTS OF THE RECORDS.

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

S. 635 -- Senator Lander: A BILL TO AMEND SECTION 58-15-1625 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RAILROAD CROSSING CLOSURES, SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO REIMBURSE ALL

Printed Page 956 . . . . . Tuesday, March 14, 1995
COSTS ASSOCIATED WITH SUCH CLOSURES INCURRED BY A LOCAL GOVERNMENTAL ENTITY.

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

S. 636 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.

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

S. 637 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S FINEST EDUCATORS, ELIZABETH BELL ABERNATHY OF GREAT FALLS, WHO PASSED AWAY THURSDAY, FEBRUARY 16, 1995.

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

REPORTS OF STANDING COMMITTEE

Senator THOMAS from the Committee on Corrections and Penology submitted a majority favorable with amendment and Senators FORD and PATTERSON a minority unfavorable report on:

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 362 -- Senators Cork and Washington: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE

Printed Page 957 . . . . . Tuesday, March 14, 1995
SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT

Printed Page 958 . . . . . Tuesday, March 14, 1995
PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

Ordered for consideration tomorrow.

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

THIRD READING BILLS

The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE

Printed Page 959 . . . . . Tuesday, March 14, 1995
37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.

S. 321 -- Senator Washington: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT AN ILLUSTRATION OR A MECHANICAL MODEL MAY BE USED TO DEMONSTRATE THE MANNER OF VOTING ON THE MACHINE.

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY

Printed Page 960 . . . . . Tuesday, March 14, 1995
AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

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