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 1890, Apr. 24 | Printed Page 1910, Apr. 25 |

Printed Page 1900 . . . . . Wednesday, April 24, 1996

SECOND READING BILL

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

H. 4958 -- Reps. Spearman and Clyburn: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.

H. 4958--Ordered to a Third Reading

On motion of Senator LANDER, H. 4958 was ordered to receive a third reading on Thursday, April 25, 1996.

CARRIED OVER

H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MOORE, the Resolution was carried over.

OBJECTION

Senator MOORE objected to further consideration of all of the uncontested Bills on the Calendar.

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

READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE


Printed Page 1901 . . . . . Wednesday, April 24, 1996

ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senator MOORE spoke on the Bill.

Objection

Senator MOORE asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 3, upon the conclusion of remarks on the Bill.

Senator LEVENTIS objected.

Senator LEVENTIS spoke on the Bill.

Motion Adopted

On motion of Senator RANKIN, with unanimous consent, Senators CORK, GLOVER, SALEEBY and RANKIN were granted leave to attend a subcommittee meeting and to be counted in any quorum calls.

Leave of Absence

On motion of Senator COURSON, at 4:00 P.M., Senator GIESE was granted a leave of absence for the balance of the day.

Point of Quorum

At 4:10 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Boan                 Bryan                Cork
Courson              Courtney             Drummond
Elliott              Fair                 Ford
Glover               Gregory              Hayes
Holland              Jackson              Land
Lander               Leatherman           Leventis
Martin               Matthews             McGill

Printed Page 1902 . . . . . Wednesday, April 24, 1996

Mescher              Moore                O'Dell
Patterson            Peeler               Rankin
Reese                Richter              Russell
Ryberg               Saleeby              Setzler
Smith, G.            Smith, J.V.          Thomas
Waldrep              Washington           Wilson
A quorum being present, the Senate resumed.

Senator LEVENTIS continued arguing contra to the Bill.

Point of Quorum

At 4:25 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Elliott              Fair
Ford                 Glover               Hayes
Holland              Jackson              Land
Lander               Leatherman           Leventis
Martin               Matthews             McGill
Mescher              Moore                O'Dell
Patterson            Peeler               Rankin
Reese                Richter              Russell
Ryberg               Saleeby              Setzler
Smith, G.            Smith, J.V.          Thomas
Waldrep              Washington           Wilson
A quorum being present, the Senate resumed.

Senator LEVENTIS spoke on the Bill.

Point of Personal Privilege

Senator LEVENTIS rose to a Point of Personal Privilege.

ACTING PRESIDENT PRESIDES

At 4:35 P.M., Senator COURTNEY assumed the Chair.


Printed Page 1903 . . . . . Wednesday, April 24, 1996

Senator LEVENTIS continued speaking on the Bill.

Point of Quorum

At 4:40 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Fair                 Ford
Glover               Gregory              Hayes
Holland              Jackson              Land
Lander               Leatherman           Leventis
Martin               Matthews             McGill
Mescher              Moore                O'Dell
Patterson            Peeler               Rankin
Reese                Richter              Russell
Ryberg               Saleeby              Setzler
Smith, G.            Smith, J.V.          Thomas
Waldrep              Washington           Wilson
A quorum being present, the Senate resumed.

Presence Recorded

Senators McCONNELL and PASSAILAIGUE recorded their presence subsequent to the Call of the Senate.

Senator LEVENTIS spoke on the Bill.

Point of Quorum

At 5:10 P.M., Senator COURSON made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN moved that the Senate stand adjourned.

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

Ayes 13; Nays 24


Printed Page 1904 . . . . . Wednesday, April 24, 1996

AYES
Cork                Courson             Fair
Hayes               Leatherman          Leventis
Mescher             Richter             Ryberg
Saleeby             Smith, G.           Thomas
Wilson              
TOTAL--13

NAYS
Alexander            Boan                 Bryan
Courtney             Drummond             Ford
Glover               Holland              Jackson
Land                 Lander               Martin
Matthews             McConnell            McGill
Moore                O'Dell               Passailaigue
Peeler               Rankin               Russell
Setzler              Smith, J.V.          Waldrep
TOTAL--24

The Senate refused to adjourn.

PRESIDENT PRESIDES

At 5:17 P.M., the PRESIDENT assumed the Chair.

Senator LEVENTIS continued arguing contra to the Bill.

Leave of Absence

At 5:20 P.M., Senator SALEEBY requested a leave of absence from 6:00 - 6:30 P.M.

Senator LEVENTIS continued arguing contra to the Bill.

Point of Quorum

At 5:27 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator LEVENTIS spoke on the Bill.


Printed Page 1905 . . . . . Wednesday, April 24, 1996

OBJECTION

Senator CORK asked unanimous consent to make a motion, with Senator LEVENTIS retaining the floor, that the Senate stand adjourned.

Senator MOORE objected.

Senator LEVENTIS continued speaking on the Bill.

ACTING PRESIDENT PRESIDES

At 6:10 P.M., Senator MARTIN assumed the Chair.

Senator LEVENTIS spoke on the Bill.

Point of Quorum

Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator LEVENTIS continued speaking on the Bill.

Point of Quorum

At 6:37 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator LEVENTIS continued speaking on the Bill.

PRESIDENT PRESIDES

At 6:39 P.M., the PRESIDENT assumed the Chair.

Senator LEVENTIS argued contra to the Bill.

RECESS

At 6:55 P.M., on motion of Senator RICHTER, the Senate receded from business until 7:00 P.M.

At 7:03 P.M., the Senate resumed.

Senator MOORE asked unanimous consent to make a motion that the Bill be given a second reading, with notice of general amendments, carrying over all amendments to third reading, with all members reserving their rights.

There was no objection.


Printed Page 1906 . . . . . Wednesday, April 24, 1996

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Senator PEELER moved that the Bill be made a Special Order.

Senator BRYAN moved that the Senate stand adjourned.

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

Ayes 9; Nays 27

AYES
Bryan               Cork                Drummond
Ford                Glover              Land
Matthews            Patterson           Washington
TOTAL--9

NAYS
Alexander            Boan                 Courson
Courtney             Elliott              Fair

Printed Page 1907 . . . . . Wednesday, April 24, 1996

Gregory              Hayes                Holland
Lander               Leventis             Martin
McConnell            McGill               Mescher
Moore                O'Dell               Peeler
Rankin               Reese                Richter
Russell              Ryberg               Setzler
Smith, G.            Waldrep              Wilson
TOTAL--27

The Senate refused to adjourn.

Senator HOLLAND asked unanimous consent to make a motion that S. 1188 be made a Special Order.

Parliamentary Inquiry

Senator HOLLAND made a Parliamentary Inquiry as to whether or not there were two available slots in the category of Special Orders.

The PRESIDENT stated that there was only one slot available for Bills other than those recommended by the Chairmen's Committee.

Senator HOLLAND spoke on the motion.

Senator PEELER spoke on the motion.

The pending question was the motion by Senator PEELER to make H. 3730 a Special Order.

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

Ayes 28; Nays 10

AYES
Alexander           Boan                Courson
Courtney            Elliott             Fair
Gregory             Hayes               Holland
Lander              Leventis            Martin
McConnell           McGill              Mescher
Moore               O'Dell              Peeler
Rankin              Reese               Richter
Rose                Russell             Ryberg

Printed Page 1908 . . . . . Wednesday, April 24, 1996

Setzler             Smith, G.           Waldrep
Wilson              
TOTAL--28

NAYS
Bryan                Cork                 Drummond
Ford                 Glover               Land
Matthews             Patterson            Smith, J.V.
Washington           
TOTAL--10

H. 3730 was made a Special Order.

MOTION ADOPTED

On motion of Senator PEELER, the Senate agreed to dispense with the Motion Period.

LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:

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

Deborah A. Vrooman, Ph.D., 902 Hart Street, Conway, S.C. 29526-4382

Mr. J. Conrad Hetzer, 305 Oceanview Drive, Myrtle Beach, S.C. 29572

ADJOURNMENT

At 7:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 1909 . . . . . Thursday, April 25, 1996

Thursday, April 25, 1996

(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.

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

Beloved, hear more from Ezekiel, Chapter 2, (vv.1-6) (NRSV):

"He (God) said to me: O mortal,

stand up on your feet, and I will

speak with you. And when He spoke

to me, a spirit entered into me and

set me on my feet; He said to me,

Mortal, I am sending you to the people

of Israel, to a nation of rebels who

have rebelled against me... you shall

say to them, `Thus says the Lord God.'

Whether they hear or refuse to hear, they

shall know that there has been a prophet

among them."
Let us pray.

Dear Lord, we beseech You: that we may feel Your presence moving within us, and among us, stimulating our minds, softening our hearts, enlarging our vision, and overruling our blunders.

Sustain us with the assurance that,

"He who from zone to zone

Guides through the boundless sky

Thy certain flight,

In the long way that I must tread alone,

Will lead my steps aright... "

Amen.

RECESS

At 11:05 A.M., on motion of Senator DRUMMOND, the Senate receded from business until 11:20 A.M.

At 11:23 A.M., the Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.


| Printed Page 1890, Apr. 24 | Printed Page 1910, Apr. 25 |

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