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 1420, Mar. 29 | Printed Page 1440, Apr. 2 |

Printed Page 1430 . . . . . Tuesday, April 2, 1996

Statewide Appointments

Reappointment, Mining Council, with term to commence June 30, 1996, and to expire June 30, 2000:

Mining Industry:

Mr. James E. Neason, Manager, Quarry Division, Morgan Corporation, Post Office Box 3555, Spartanburg, S.C. 29304

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, Mining Council, with term to commence June 30, 1992, and to expire June 30, 1996:

Mining Industry:

Mr. James E. Neason, Manager, Quarry Division, Morgan Corporation, Post Office Box 3555, Spartanburg, S.C. 29304 VICE A.C. Young

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 1998:

Ex-Officio - Research Institution:

C. Edward Floyd, M.D., Floyd Medical Associates, P.A., 511 South Dargan Street, Florence, S.C. 29501

Referred to the Committee on Education.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 19, 1996
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


Printed Page 1431 . . . . . Tuesday, April 2, 1996

Statewide Appointment

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1996, and to expire January 12, 2003:

At-Large:

Mr. James B. Moore, Jr., Post Office Box 418, Georgetown, S.C. 29442 VICE James B. Moore, Sr. (resigned)

Referred to the Committee on Transportation.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 27, 1996
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

Reappointments, Greenwood County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:

Mr. Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649

Mr. Joseph T. Ligon, Post Office Box 3084, Greenwood, S.C. 29648-3084

Received as information.

Message from the House

Columbia, S.C., March 28, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE


Printed Page 1432 . . . . . Tuesday, April 2, 1996

A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 28, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4471--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE


Printed Page 1433 . . . . . Tuesday, April 2, 1996

SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

On motion of Senator J. VERNE SMITH, with unanimous consent, the report of the Committee of Conference was taken up for immediate consideration.

Senator J. VERNE SMITH spoke on the report.

On motion of Senator J. VERNE SMITH, the Report of the Committee of Conference to H. 4471 was adopted as follows:

H. 4471--Conference Report

The General Assembly, Columbia, S.C., March 28, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking the resolution in its entirety and inserting in lieu thereof the following:

A JOINT RESOLUTION

TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL


Printed Page 1434 . . . . . Tuesday, April 2, 1996

DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. (A) An advisory referendum shall be held at the same time as the 1996 general election in Greenville County and in other areas which are a part of the School District of Greenville County on the question of whether or not the qualified electors of the district favor subdividing the district into three or more separate school districts, and whether or not they desire a plan of subdivision to be developed for their nonbinding approval in 1998. The advisory referendum for this purpose must be conducted by the election commissions of the respective counties in the school district at the same time as the 1996 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.

(B) The question put before the qualified electors of the district at the 1996 advisory referendum shall read as follows:

"Do you favor subdividing the School District of Greenville County into three or more separate school districts and requiring a committee of county legislative delegation members and school board members to submit a plan of subdivision developed by the committee to the qualified electors of the district in 1998 for their nonbinding approval if the results of the 1996 advisory referendum are in favor of subdividing the district?"

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


Printed Page 1435 . . . . . Tuesday, April 2, 1996

the question shall deposit a ballot with a check or cross mark in the square after the word "No".

(C) If the qualified electors of the district vote in favor of the question submitted at the 1996 advisory referendum provided for in subsection (A), a committee hereinafter established must develop a plan for subdividing the district into three or more separate school districts which shall be submitted by the committee to the qualified electors of the district for their nonbinding approval at an advisory referendum to be held for this purpose at the same time as the 1998 general election. The committee shall be composed of that number of members jointly determined by the Chairman of the Greenville County Legislative Delegation and the Chairman of the Board of Trustees of the Greenville County School District, with one-half of such members being members of the delegation appointed by the chairman thereof and one-half of such members being members of the school board appointed by the chairman thereof. The advisory referendum for this purpose must be conducted by the election commissions of the respective counties in the school district at the same time as the 1998 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The committee in conjunction with the commissioners of election shall frame the question for the ballot, and the commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.

(D) The results of the 1996 and 1998 advisory referendums may be considered by the Greenville County Legislative Delegation when determining whether or not to cause the school district to be so subdivided as provided by law in 1999 and thereafter, but the results of the 1996 and 1998 advisory referendums shall not require the school district to be so subdivided.


Printed Page 1436 . . . . . Tuesday, April 2, 1996

SECTION 2. This joint resolution takes effect upon approval by the Governor.

-----XX-----

Amend title to conform.

/s/J. Verne Smith .......... Michael F. Jaskwhich
/s/Michael L. Fair .......... /s/Lewis R. Vaughn
O. Samuel Boan .......... /s/Harry F. Cato

On Part of the Senate. ..........On Part of the House.

, and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1310 -- Senator Mescher: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.

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

S. 1311 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-3-605 AND 61-5-86 SO AS TO AUTHORIZE A TEMPORARY RETAIL LIQUOR LICENSE AND A TEMPORARY MINIBOTTLE LICENSE TO THE PURCHASERS OF A BUSINESS CURRENTLY SO LICENSED, TO PROVIDE THAT NO SUCH TEMPORARY LICENSE MAY BE USED FOR A LOCATION DETERMINED TO BE A PUBLIC NUISANCE, TO REQUIRE THE APPLICANT FOR THE LICENSE TO EITHER ALREADY HOLD A PERMANENT RETAIL LIQUOR OR MINIBOTTLE LICENSE OR TO HAVE HAD A STATE LAW ENFORCEMENT DIVISION CRIMINAL HISTORY BACKGROUND CHECK CONDUCTED WITHIN THIRTY DAYS, TO PROVIDE FOR THE DURATION OF THE TEMPORARY LICENSE UNTIL A PERMANENT LICENSE IS APPROVED OR DISAPPROVED, BUT NOT LONGER THAN ONE HUNDRED TWENTY DAYS, TO PROVIDE FOR THE REVOCATION OF THE TEMPORARY LICENSE UPON FAILURE TO APPLY FOR A PERMANENT LICENSE IN A


Printed Page 1437 . . . . . Tuesday, April 2, 1996

TIMELY MANNER, AND TO IMPOSE A TWENTY-FIVE DOLLAR FEE FOR THE TEMPORARY LICENSE.

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

S. 1312 -- Senator Wilson: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM OF THE MUNICIPALITY AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.

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


Printed Page 1438 . . . . . Tuesday, April 2, 1996

S. 1313 -- Senators Boan, Thomas and Alexander: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1314 -- Senators Peeler, Courtney, Mescher, Martin, Ryberg, Boan, Holland, Wilson, Waldrep, Alexander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 76 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SHRINERS.

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

S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler and Cork: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

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

S. 1316 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RECORDS RETENTION SCHEDULE FOR DATA PROCESSING AND OTHER ELECTRONIC RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1317 -- Senator Peeler: A SENATE RESOLUTION CELEBRATING FIFTY YEARS OF TREE FARMING IN SOUTH CAROLINA AND SALUTING THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS ACTIVITIES.

The Senate Resolution was adopted.


Printed Page 1439 . . . . . Tuesday, April 2, 1996

S. 1318 -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO PROVIDE FUNDING FOR THE "COPS" PROGRAM AT LEAST AT THE LEVEL AUTHORIZED IN THE "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994" SO THAT THE EFFORT TO PUT 100,000 ADDITIONAL POLICE ON THE NATION'S STREETS IS REALIZED.

Whereas, President Bill Clinton, in his 1994 State of the Union Address, pledged to put 100,000 additional police officers on America's streets; and

Whereas, the United States Congress enacted the "Public Safety Partnership and Community Policing Act of 1994" as a part of a comprehensive legislative enactment entitled the "Violent Crime Control and Law Enforcement Act of 1994"; and

Whereas, one of the programs created under the "Public Safety Partnership and Community Policing Act of 1994" was the "Cops on the Beat" ("COPS") program, which was created for the stated purpose of substantially increasing the number of law enforcement officers interacting directly with members of the community; and

Whereas, the United States Attorney General was authorized to make grants to states, units of local government, and other entities to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety; and

Whereas, the 1994 act authorized $8.8 billion over six years to fund the grant program; and

Whereas, within the first year of the program, 25,000 police officers and sheriffs' deputies were funded under the program and by March 1996, more than 33,000 officers were funded under the program; and

Whereas, a total of more than $18 million has been provided to more than one hundred fifty jurisdictions in this State under the "COPS" program; and

Whereas, Attorney General Janet Reno has cited examples from Sharon, Pennsylvania, where within one month after a new precinct opened with funds provided under the "COPS" program, the police doubled arrests, and from Jefferson Parish, Louisiana, where the violent crime rate dropped sixty percent after the implementation of a community policing program implemented under the "COPS" program; and

Whereas, the "COPS" program is supported by such entities as the National Sheriffs' Association, the Fraternal Order of Police, the International Brotherhood of Police Officers, the National Association of


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