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 130, Jan. 10 | Printed Page 150, Jan. 11 |

Printed Page 140 . . . . . Thursday, January 11, 1996

S. 1021 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE WORK AND CONTRIBUTIONS OF THE STAFF AND PATIENTS OF THE ADOLESCENT CANCER SUPPORT GROUP "LASTING IMPRESSIONS" DURING THEIR TEN YEAR ANNIVERSARY CELEBRATION AND TO ACKNOWLEDGE THE YOUNG PEOPLE WHO HAVE PARTICIPATED IN THE LASTING IMPRESSIONS PROGRAM DURING THE PAST TEN YEARS AND TO DESIGNATE SATURDAY, JANUARY 27, 1996, AS "LASTING IMPRESSIONS DAY".

Whereas, the number of young South Carolinians affected by cancer necessitates the need for continuing development of support groups and therapy programs to assist these young patients in coping with a difficult situation; and

Whereas, the crisis caused by a diagnosis of cancer can be lessened through therapeutic activities and support from other cancer patients; and

Whereas, The Children's Center for Cancer and Blood Disorders of Richland Memorial Hospital is responsible for the treatment and care of adolescents with cancer and realizes that the problems and uncertainties of youth are further compounded by a diagnosis of cancer; and

Whereas, The LASTING IMPRESSIONS Support Group was developed by the center and designed to provide an environment where adolescents can face the crisis of a cancer diagnosis and help each other deal with the problems and fears associated with cancer as well as discuss the other issues ordinarily faced by adolescents; and

Whereas, since its inception in November 1985, adolescents have received assistance in crisis resolution, community reentry, and support for long term adjustment; and

Whereas, both current and former members of The LASTING IMPRESSIONS Support Group personify the spirit of altruism, hope, and courage which should be emulated by all South Carolinians. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That Saturday, January 27, 1996, is designated as "LASTING IMPRESSIONS Day" in South Carolina.

Be it further resolved that the General Assembly extends to the members and supporters of The LASTING IMPRESSIONS Support Group its sincere wishes for continued success in its constructive and compassionate efforts on behalf of adolescents with cancer.


Printed Page 141 . . . . . Thursday, January 11, 1996

Be it further resolved that a copy of this resolution be forwarded to The Children's Center for Cancer and Blood Disorders of Richland Memorial Hospital.

Referred to the Committee on Invitations.

S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.

Read the first time and on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.

H. 4310 -- Reps. McElveen, G. Brown, Canty, Neal, J. Young, Harvin, Baxley, T. Brown and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE DAVID F. MCINNIS OF SUMTER COUNTY FOR HIS OUTSTANDING SERVICE AS JUDGE OF THE THIRD JUDICIAL CIRCUIT AND EXTENDING JUDGE MCINNIS OUR BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE CIRCUIT BENCH.

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

HOUSE CONCURRENCE

S. 1004 -- Senators Giese, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, 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, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THOSE LAW ENFORCEMENT AGENCIES IN SOUTH CAROLINA INCLUDING THE GREENVILLE SHERIFF'S DEPARTMENT, MT. PLEASANT POLICE DEPARTMENT,


Printed Page 142 . . . . . Thursday, January 11, 1996

CHARLESTON POLICE DEPARTMENT, SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), GREENVILLE POLICE DEPARTMENT, IRMO POLICE DEPARTMENT, SUMTER POLICE DEPARTMENT, AND THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT WHICH HAVE BEEN ACCREDITED NATIONALLY BY THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. (C.A.L.E.A.) OR WHICH ARE IN THE PROCESS OF BECOMING SO ACCREDITED, AND TO COMMEND THE SOUTH CAROLINA POLICE ACCREDITATION COALITION TO WHICH THESE AGENCIES BELONG FOR ITS EFFORTS IN IMPROVING LAW ENFORCEMENT IN OUR STATE.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1006 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 31, 1996, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1996.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.


Printed Page 143 . . . . . Thursday, January 11, 1996

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

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


Printed Page 144 . . . . . Thursday, January 11, 1996

Senator BRYAN proposed the following amendment (PFM\7789AC.96), which was adopted:

Amend the bill, as and if amended, beginning on page 8, line 28, SECTION 9, by striking Section 44-7-70 and inserting:

/"Section 44-7-70. (A) The medical staff chief or medical director of every a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners the results of, and the circumstances concerning, any an action resulting in the revocation or suspension of, or other limitation upon, a physician's privileges to practice in that health care facility. This report is not required in the case of any of the following:

(1) a nondisciplinary resignation by the physician; however, any a resignation occurring after an incident or occurrence which could result in the revocation or suspension of, or other limitation upon, the physician's privileges must be reported;

(2) a minor disciplinary action regarding the physician's privileges in that health care facility when the action taken does not involve the revocation or suspension of, or other limitation upon, the physician's privileges to practice there;

(3) a disciplinary action resulting from the physician's failure to meet recordkeeping standards;

(4) a disciplinary action resulting from the physician's failure to attend meetings; or

(5) other disciplinary actions as defined by regulation promulgated by the State Board of Medical Examiners.

(B) The medical staff chief or medical director of a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners and to the Board of Podiatry Examiners the results of and the circumstances concerning an action resulting in the revocation or suspension of or other limitation upon, a podiatrist's privileges to practice in that health care facility. This report is not required in the case of:

(1) a nondisciplinary resignation by the podiatrist; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the podiatrist's privileges must be reported;

(2) a minor disciplinary action regarding the podiatrist's privileges in that health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the podiatrist's privileges to practice there;


Printed Page 145 . . . . . Thursday, January 11, 1996

(3) a disciplinary action resulting from the podiatrist's failure to meet recordkeeping standards;

(4) a disciplinary action resulting from the podiatrist's failure to attend meetings; or

(5) other disciplinary actions as defined by regulation promulgated by the Board of Podiatry Examiners.

(C) Any A person making the a report required by this section is immune from criminal and civil liability in making the report, if the report is made in good faith and without malice."/

Renumber sections to conform.

Amend totals and title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 1003 -- Senators Rose, McConnell, Mescher and Matthews: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

S. 1003--Ordered to a Third Reading

On motion of Senator ROSE, S. 1003 was ordered to receive a third reading on Friday, January 12, 1996.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

SENSE OF THE SENATE AMENDED

Rule 48

Senator McCONNELL moved that it be the Sense of the Senate regarding the provisions of Rule 48 when first reading is refused in the


Printed Page 146 . . . . . Thursday, January 11, 1996

initial year of a two-year session to provide that the legislation should be reintroduced in the second year and considered as is the case with other legislation received from the House and that this motion shall apply retroactively to 1995.

The motion was adopted.

RECOMMITTED

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.

RECOMMITTED

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.


Printed Page 147 . . . . . Thursday, January 11, 1996

RECOMMITTED

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd, Beatty and J. Young: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.

RECALLED, AMENDED, READ THE SECOND TIME

S. 935 -- Senators Lander, Courson, Rose, Hayes, Alexander, Short, Wilson, Boan, Washington, Elliott, Drummond, J. Verne Smith, Holland, Leventis, Giese, O'Dell: A BILL TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY


Printed Page 148 . . . . . Thursday, January 11, 1996

CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

Senator LANDER moved to recall the Bill from the Committee on Finance.

The motion was adopted.

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

Senator LANDER proposed the following amendment (PFM\7788AC.96), which was adopted:

Amend the bill, as and if amended, beginning on page 1, by deleting Section 12-6-5065(A) and inserting:

/(A) Each taxpayer required to file a state income tax return who desires to contribute to the Gift of Life Trust Fund of South Carolina as created by Section 44-43-1310 may designate the contribution on the appropriate state individual income tax form. The contribution may not increase or decrease the income tax liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate./

Amend further, page 4, beginning on line 16, by deleting Section 44-13-1370(2) and (3) and inserting:

/(2) development and promotion of organ and tissue donor public awareness educational programs in cooperation with the South Carolina Donor Network including, but not limited to, the American Red Cross Southeastern Tissues Services, the South Carolina Lions Eye Bank, the South Carolina Organ Procurement Agency, the Living Bank, and the United Network for Organ Sharing;

(3) encouraging the incorporation of organ and tissue donation education into the medical and nursing school curricula of the Medical University of South Carolina and the University of South Carolina; if funds are provided to a university for this educational purpose, the university annually shall conduct a survey to determine if attitudes of its students and graduates have been altered by the curriculum. The results of the survey must be submitted to the trust fund;/

Amend title to conform.


Printed Page 149 . . . . . Thursday, January 11, 1996

Senator LANDER explained the amendment.

The amendment was adopted.

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.

S. 935--Ordered to a Third Reading

On motion of Senator LANDER, S. 935 was ordered to receive a third reading on Friday, January 12, 1996.

LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Union County Delegation, the following appointment was confirmed in open session:

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

Honorable Sarah M. Smith, Post Office Box 35, Carlisle, S.C. 29031

Having received a favorable report from the Fairfield County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable William M. Estes, III, Route 3, Box 60, Winnsboro, S.C. 29180 VICE Thelmer M. Cook

Having received a favorable report from the Lancaster County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Jacqueline M. Pope, Post Office Box 66, Kershaw, S.C. 29067 VICE David Williams

Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:


| Printed Page 130, Jan. 10 | Printed Page 150, Jan. 11 |

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