Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 1080, Mar. 12 | Printed Page 1100, Mar. 13 |

Printed Page 1090 . . . . . Wednesday, March 13, 1996

Honorable Rolly W. Jacobs, Post Office Box 664, Camden, S.C. 29020

Very respectfully,
Speaker of the House

Received as information.

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

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 1239 -- Senators Thomas, J. Verne Smith, Bryan, Fair and Boan: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO REDUCE THE AREA TO ONLY INCLUDE SPARTANBURG COUNTY WITHIN THE ENVIRONS AREA, TO CHANGE THE NAME OF THE ENVIRONS PLANNING COMMISSION, AND DELETE FROM THE MEMBERSHIP OF THE COMMISSION MEMBERS REPRESENTING GREENVILLE COUNTY AND THE CITY OF MAULDIN.

AMENDMENT PROPOSED, CARRIED OVER

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.


Printed Page 1091 . . . . . Wednesday, March 13, 1996

Senator MATTHEWS proposed the following amendment (JUD3271.001):

Amend the bill, as and if amended, page 1, line 24, in Section 16-9-340(B), as contained in SECTION 1, by striking line 24 in its entirety and inserting therein the following:
/two ten thousand dollars or imprisoned not more than five ten years, or/

Amend title to conform.

On motion of Senator BRYAN, the Bill was carried over.

AMENDMENT PROPOSED, CARRIED OVER

H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator GREG SMITH proposed the following amendment (3897R002.GS):

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

/SECTION . Section 50-21-860 of the 1976 Code is amended to read:

"Section 50-21-860. As used in this section, `airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.

(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.

(B) It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown County.

(B) (C) It is unlawful to operate an airboat on the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree rivers during the season for hunting waterfowl.

Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.


Printed Page 1092 . . . . . Wednesday, March 13, 1996

The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters."/

Amend title to conform.

On motion of Senator PEELER, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, 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 proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 40

Senator RYBERG proposed the following Amendment No. 40 (3901R086.WGR), which was adopted:

Amend the bill, as and if amended, by adding at the end an appropriately numbered new PART to read:

/

PART

SECTION . Article 19, Chapter 31, Title 5 of the 1976 Code is amended by adding:

"Section 5-31-1940. Notwithstanding any other provision of law and applicable retroactively beginning on July 1, 1995, a municipality may not, by ordinance or otherwise, impose upon a customer receiving water or sewer services from the municipality whose property is without the


Printed Page 1093 . . . . . Wednesday, March 13, 1996

corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation as a condition of continued receipt of water or sewer services, if the municipality has:

(1) prior to July 1, 1995, extended water or sewer services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1995, a clause or provision prohibiting the customer from opposing annexation if such property becomes contiguous to the municipality; or

(2) prior to July 1, 1995 extended such services to the customer under any circumstances without, prior to July 1, 1995, any specific agreement with respect to annexation."

SECTION . This part takes effect upon approval by the Governor./

Renumber parts to conform.

Amend title to conform.

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

Point of Order

Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators WILSON, BRYAN and RYBERG spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator RYBERG argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Senator RYBERG moved that the amendment be adopted.

A roll call vote was ordered.

Senator BRYAN moved to lay the amendment on the table.

Point of Order

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

The PRESIDENT sustained the Point of Order.


Printed Page 1094 . . . . . Wednesday, March 13, 1996

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

Ayes 18; Nays 13

AYES
Boan                Courson             Drummond
Giese               Gregory             McConnell
McGill              Mescher             Moore
O'Dell              Peeler              Rose
Russell             Ryberg              Setzler
Thomas              Waldrep             Wilson
TOTAL--18

NAYS
Alexander            Bryan                Glover
Land                 Lander               Martin
Matthews             Passailaigue         Patterson
Rankin               Short                Smith, G.
Smith, J.V.          
TOTAL--13

The amendment was adopted.

Amendment No. 41

Senator RYBERG proposed the following Amendment No. 41 (3901R089.WGR), which was adopted:

Amend the bill, as and if amended, by adding at the end an appropriately numbered new PART to read:

/

PART

SECTION . Chapter 7, Title 5 of the 1976 Code is amended by adding:

"Section 5-7-65. Notwithstanding any other provision of law and applicable retroactively beginning on July 1, 1995, a municipality may not, by ordinance or otherwise, impose upon a customer receiving fire protection services from the municipality whose property is without the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation as a condition of continued receipt of fire protection services, if the municipality has:


Printed Page 1095 . . . . . Wednesday, March 13, 1996

(1) prior to July 1, 1995, extended fire protection services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1995, a clause or provision prohibiting the customer from opposing annexation if such property becomes contiguous to the municipality; or

(2) prior to July 1, 1995 extended such services to the customer under any circumstances without, prior to July 1, 1995, any specific agreement with respect to annexation."

SECTION . This part takes effect upon approval by the Governor./

Renumber parts to conform.

Amend title to conform.

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

Point of Order

Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator RYBERG spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator RYBERG moved that the amendment be adopted.

The amendment was adopted.

Leave of Absence

At 11:55 A.M., Senator COURSON requested a leave of absence until 4:00 P.M.

Senator MOORE moved that upon the conclusion of the Joint Assembly the Senate stand in recess until 2:30 P.M.

The motion was adopted.

On motion of Senator MOORE, debate was interrupted by recess.

RECESS

At 11:57 A.M., the Senate receded from business to attend the Joint Assembly, and upon the conclusion thereof, the Senate would stand in recess to reconvene at 2:30 P.M.


Printed Page 1096 . . . . . Wednesday, March 13, 1996

JOINT ASSEMBLIES

"Disabilities Day"

At Twelve O'clock Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seal Representatives, their parents, and members of their party were escorted to the rostrum.

The PRESIDENT then recognized Representative Walker, Vice Chairman of the Joint Committee for the Disabled, who, in turn introduced Senator LANDER, Chairman of the Committee.

Senator LANDER also recognized Mrs. Mary Wood Beasley, State Campaign Chairperson; Mrs. Lynn B. Bagnal, State Easter Seal Chairwoman; Mr. Joe Wilder, former Representative and member of the Easter Seal Board; Mr. Joseph D. Jones, President and Chief Executive Officer of Easter Seals; W.C. Bain, State President; Major Larry Mixon, S.C. Law Enforcement Officers Assoc., Mr. John L. Caudle, II, Executive Director of the S.C. Law Enforcement Officers' Assoc.; the law enforcement personnel, and Mr. Thomas L. Sponseller, Executive Director; and Robert Williams, State President of the South Carolina Restaurant Association who have worked so hard to make the Buck-A-Cup Campaign such a success.

Senator LANDER introduced the following members who, in turn, introduced the State Easter Seal Representatives and guests:

Senator THOMAS and Rep. Wilkins introduced Bradley O'Dell of Greenville County;

Senator DRUMMOND and Rep. Klauber introduced Quincy Allen Wells, son of Martha Wells of Greenwood County;


Printed Page 1097 . . . . . Wednesday, March 13, 1996

Rep. Townsend and Senator O'DELL introduced Amanda Fields, daughter of Charles and Sherry Fields of Anderson County;

Senator GREG SMITH and Rep. Thomas introduced Charlene Hughes, daughter of Bobby and Bonnie Hughes of Georgetown County;

Rep. Davenport and Senator REESE introduced Keven Seay, son of Vickie Seay of Spartanburg County;

Senator SETZLER and Rep. Knotts introduced Kenny Hardee, son of Dina Hardee of West Columbia and Kenny Hardee, Sr., of Lexington; and

Senator LANDER introduced Amber Michelle Quarles, daughter of Laurey and Darrin Kirby of Florence County, who was unable to attend the proceedings.

Senator RICHTER and Rep. H. Brown introduced Mr. Graham Jones of Charleston County.

Senator GIESE and Rep. Shissias introduced Mr. Nicholas Stanton, son of Mr. James Stanton of Richland County.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate receded until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.

Point of Quorum

Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander            Boan                 Bryan
Cork                 Courtney             Elliott
Fair                 Ford                 Giese
Glover               Gregory              Hayes
Holland              Jackson              Land
Lander               Leatherman           Martin
Matthews             McConnell            Mescher
Moore                Passailaigue         Patterson
Peeler               Rankin               Reese
Richter              Rose                 Russell

Printed Page 1098 . . . . . Wednesday, March 13, 1996

Ryberg               Setzler              Short
Smith, G.            Smith, J.V.          Thomas
Waldrep              Washington           Wilson
A quorum being present, the Senate resumed.

Presence Recorded

Senators DRUMMOND and O'DELL recorded their presence subsequent to the Call of the Senate.

RECALLED AND REFERRED

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection.

Referred

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was referred to the Committee on Finance.

RECALLED, READ THE SECOND TIME

H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.


Printed Page 1099 . . . . . Wednesday, March 13, 1996

Senator MATTHEWS asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

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

The Resolution was read the second time and ordered placed on the third reading Calendar.

H. 4500--Ordered to a Third Reading

On motion of Senator MATTHEWS, H. 4500 was ordered to receive a third reading on Thursday, March 14, 1996.

RECALLED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

Senator RUSSELL asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.


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